Legislature(2007 - 2008)
2008-03-17 Senate Journal
Full Journal pdf2008-03-17 Senate Journal Page 2221 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday March 17, 2008 Sixty-third Day Pursuant to adjournment the Senate was called to order by President Green at 11:16 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Tom Matthews of Douglas Island Bible Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, Another week has begun here in the legislative session, and I just want to pray for the men and women here in the Senate as they discuss the business of the great state of Alaska. By this point in the process, they are getting tired and needing your strength to persevere. I would ask that you would give them clarity of mind, and the ability to make wise decisions as various pieces of legislation are put before them. I would pray Lord, that each senator would walk in honesty and integrity, and that justice would prevail. What an awesome responsibility and privilege it is to serve our state in this role. Thank you that I can lift this prayer in the name of your beloved Son, Jesus Christ. Amen. 2008-03-17 Senate Journal Page 2222 Senator French led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the sixtieth through sixty-second legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Communications The following reports are on file in the Office of the Secretary of the Senate: A Program Report from Joe Austerman, Manager, Office of Economic Development Department of Commerce, Community and Economic Development in accordance with AS 44.62.218 Final Commission Report Alaska Climate Impact Assessment Commission from Representatives Samuels, Chair, and Joule, Vice Chair in accordance with Legislative Resolve No. 49 (2006) Standing Committee Reports SB 120 The Finance Committee considered SENATE BILL NO. 120 "An Act relating to the calculation and payment of unemployment compensation benefits; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 120(FIN) "An Act relating to disclosure of certain information from the records of the Department of Labor and Workforce Development and limiting the use of the disclosed information, and to the calculation and payment of unemployment compensation benefits; and providing for an effective date." 2008-03-17 Senate Journal Page 2223 Signing do pass: Senator Stedman, Cochair; Senator Elton. Signing no recommendation: Senator Hoffman, Cochair; Senators Thomas, Dyson, Olson. The following fiscal information was published today: Fiscal Note No. 2, Department of Labor and Workforce Development The bill was referred to the Rules Committee. SB 209 The Finance Committee considered SENATE BILL NO. 209 "An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Elton, Thomas, Huggins. Signing no recommendation: Senators Dyson, Olson. The following fiscal information was published today: Fiscal Note No. 2, Department of Health and Social Services The bill was referred to the Rules Committee. SB 243 The Finance Committee considered SENATE BILL NO. 243 "An Act relating to the duties and powers of the Alaska Commission on Aging and the Department of Health and Social Services" and recommended the adoption of the Health, Education and Social Services Committee Substitute offered on page 2004. Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Elton, Thomas, Huggins. Signing no recommendation: Senator Olson. Signing amend: Senator Dyson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Health and Social Services The bill was referred to the Rules Committee. SB 254 The Finance Committee considered SENATE BILL NO. 254 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Elton, Thomas, Dyson, Huggins. Signing no recommendation: Senator Olson. 2008-03-17 Senate Journal Page 2224 The following fiscal information was published today: Fiscal Note No. 3, Department of Commerce, Community and Economic Development The following previously published fiscal information applies: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SB 273 The Judiciary Committee considered SENATE BILL NO. 273 "An Act relating to cruelty to animals and promoting an exhibition of fighting animals" and recommended it be replaced with CS FOR SENATE BILL NO. 273(JUD) Signing do pass: Senator French, Chair; Senator Wielechowski. Signing no recommendation: Senators Therriault, McGuire. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, zero, Department of Administration Fiscal Note No. 3, zero, Alaska Court System Fiscal Note No. 4, zero, Department of Corrections The bill was referred to the Rules Committee. SB 300 The Health, Education and Social Services Committee considered SENATE BILL NO. 300 "An Act establishing the Alaska Health Care Commission and the Alaska health care information office; relating to health care planning and information; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 300(HES) "An Act establishing the Alaska Health Care Commission and the Alaska health care information office; relating to health care planning and information; relating to a certificate of need study; and providing for an effective date." 2008-03-17 Senate Journal Page 2225 Signing do pass: Senator Davis, Chair; Senators Elton, Thomas, Cowdery. Signing do not pass: Senator Dyson. The following fiscal information was published today: Fiscal Note No. 1, Department of Health and Social Services Fiscal Note No. 2, Department of Health and Social Services Fiscal Note No. 3, Department of Health and Social Services The bill was referred to the Finance Committee. SJR 17 The Resources Committee considered SENATE JOINT RESOLUTION NO. 17 Urging the United States Congress to provide a means for consistently sharing, on an ongoing basis, revenue generated from oil and gas development on the outer continental shelf with all coastal energy-producing states to ensure that those states develop, support, and maintain necessary infrastructure and preserve environmental integrity. Signing do pass: Senator Huggins, Chair; Senators Wielechowski, Wagoner, Green, McGuire, Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Resources Committee The resolution was referred to the Rules Committee. Consideration of the Calendar Second Reading of Senate Bills SB 170 President Green stated SENATE BILL NO. 170 "An Act requiring that health care insurers provide insurance coverage for well-baby exams" would be returned to the Rules Committee. Without objection, the bill was returned to the Rules Committee. Second Reading of House Bills HB 182 CS FOR HOUSE BILL NO. 182(JUD) "An Act making the offering of certain promotional checks an unfair or deceptive act or practice" was read the second time. 2008-03-17 Senate Journal Page 2226 Senator Ellis moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 182(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 182(JUD) "An Act making the offering of certain promotional checks an unfair or deceptive act or practice" pass the Senate?" The roll was taken with the following result: CSHB 182(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Absent: Stedman and so, CS FOR HOUSE BILL NO. 182(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. Second Reading of Senate Resolutions SCR 19 SPONSOR SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION NO. 19 was read the second time and was before the Senate on final passage. Senators Wilken, Ellis, French, Davis, Kookesh moved and asked unanimous consent to be shown as cosponsors on the resolution. Without objection, it was so ordered. The question being: "Shall SPONSOR SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION NO. 19 Relating to implementation of the recommendations of the Governor's Summit on Early Learning, pass the Senate?" The roll was taken with the following result: 2008-03-17 Senate Journal Page 2227 SSSCR 19 Second Reading - Final Passage YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Davis, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wielechowski, Wilken Nays: Bunde, Cowdery, Dyson, Green, Wagoner Absent: Stedman and so, SPONSOR SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION NO. 19 passed the Senate. Senator Therriault gave notice of reconsideration. Citations In Memoriam - Anita J. Byers Senator(s) Wagoner, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wielechowski, Wilken Representative(s) Olson In Memoriam - Clifford Allyn Massie Senator(s) Wagoner, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wielechowski, Wilken Representative(s) Olson In Memoriam - Morris Lee Porter Sr. Senator(s) Wagoner, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wielechowski, Wilken Representative(s) Chenault In Memoriam - James 'Jim' Roy Howard, Sr. Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Representative(s) Seaton 2008-03-17 Senate Journal Page 2228 In Memoriam - Robert G. "Odie" Kohlbeck Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Representative(s) Seaton In Memoriam - Frieda Rose Monson Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Representative(s) Seaton In Memoriam - Frank William Hill Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Representative(s) Seaton, Edgmon In Memoriam - Dormand Clare McGraw Sr. Senator(s) Stedman, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Senator Ellis moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Ellis moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Central Mat-Su Fire Department On-Call Responders Senator(s) Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Senator Ellis moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 2008-03-17 Senate Journal Page 2229 Unfinished Business HB 182 Senators McGuire, Elton, Wielechowski, French moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 182(JUD) "An Act making the offering of certain promotional checks an unfair or deceptive act or practice." Without objection, it was so ordered. Senator Wagoner moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 21 through morning plane time, March 24; from afternoon plane time, April 18 through morning plane time, April 27; and from afternoon plane time, May 3 through morning plane time, May 7. Without objection, Senator Wagoner was excused. Announcements Announcements are at the end of the journal. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., March 18, 2008. Without objection, the Senate adjourned at 11:45 a.m. Kirsten Waid Secretary of the Senate 2008-03-17 Senate Journal Page 2230 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Mar 18 Tuesday Beltz 211 3:30 PM + SB 304 CFEC AS INFORMATION RESOURCE += SB 228 MUNICIPAL LAND USE REGULATION Bills Previously Heard/Scheduled Mar 20 Thursday Beltz 211 3:30 PM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Mar 17 Monday Senate Finance 532 9:00 AM -- Recessed to 5:00 pm -- += HB 310 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 312 APPROP: MENTAL HEALTH BUDGET + Statewide Public Testimony -- 2 Minute Time Limit -- 9 - 10 am Juneau 10 - 11 am Kenai, Valdez, Ketchikan Kodiak, Seward, Mat-Su, Glennallen, Tok 1 - 2 pm Fairbanks 2 - 3:30 pm Anchorage 5 - 5:30 pm Sitka, Wrangell, Petersburg, Homer, Dillingham, Cordova 5:30 - 6:30 pm Bethel, Kotzebue, Barrow, Nome, Delta Junction, Off-nets + Bills Previously Heard/Scheduled Meeting will be recessed to the Call of the Chair 2008-03-17 Senate Journal Page 2231 FINANCE (continued) Mar 18 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 19 Wednesday Senate Finance 532 9:00 AM + SB 265 SEX OFFENDERS & CHILD KIDNAPPERS + Bills Previously Heard/Scheduled += HB 310 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 312 APPROP: MENTAL HEALTH BUDGET Mar 20 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 21 Friday Senate Finance 532 9:00 AM += SB 28 LIMIT OVERTIME FOR REGISTERED NURSES += SB 201 PUBLIC FINANCE WEBSITE + Bills Previously Heard/Scheduled Mar 22 Saturday Senate Finance 532 10:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 17 Monday Butrovich 205 1:30 PM -- MEETING CANCELED -- + SB 206 CHILDREN'S TRUST GRANT FOR ENDOWMENT <Bill Hearing Postponed to 03/19/08> + SB 210 APPROP: ALASKA COMMUNITY FOUNDATION <Bill Hearing Postponed to 03/19/08> + Bills Previously Heard/Scheduled += SB 107 NATUROPATHS Mar 19 Wednesday Butrovich 205 1:30 PM += SB 206 CHILDREN'S TRUST GRANT FOR ENDOWMENT += SB 210 APPROP: ALASKA COMMUNITY FOUNDATION + Bills Previously Heard/Scheduled += SB 107 NATUROPATHS Mar 21 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2008-03-17 Senate Journal Page 2232 JUDICIARY Mar 17 Monday Beltz 211 1:30 PM += SB 234 CRIMINAL LAW/PROCEDURE: OMNIBUS BILL + SB 293 ELECTRONIC COMMUNICATION DEVICES + Bills Previously Heard/Scheduled Mar 19 Wednesday Beltz 211 1:30 PM += SB 234 CRIMINAL LAW/PROCEDURE: OMNIBUS BILL + Bills Previously Heard/Scheduled Mar 21 Friday Beltz 211 1:30 PM + HJR 34 FEDERAL FUNDING FOR DNA TESTING += HB 163 PROPERTY FORECLOSURES AND EXECUTIONS + Confirmation Hearing: Alaska Public Offices Commission <Rescheduled from 03/14/08> + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 18 Tuesday Beltz 211 1:30 PM + SB 179 DEPENDENT HEALTH INSURANCE; AGE LIMIT + SB 263 ARCHITECTS, ENGRS, SURVEYORS BD/EXEMPTION Bills Previously Heard/Scheduled += SB 297 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT += HB 65 PERSONAL INFORMATION & CONSUMER CREDIT Mar 20 Thursday Beltz 211 1:30 PM + HB 320 SEARCH & RESCUE: CERTIFICATION/WORK.COMP Bills Previously Heard/Scheduled Mar 22 Saturday Beltz 211 10:00 AM -- NOTE: Meeting Time -- Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 17 Monday Butrovich 205 3:30 PM += SB 214 HUNTING BY MEMBERS OF THE MILITARY Confirmation Hearings: Board of Fisheries Board of Game Bills Previously Heard/Scheduled -- Testimony <Time Limit May Be Set> -- 2008-03-17 Senate Journal Page 2233 RESOURCES (continued) Mar 19 Wednesday Butrovich 205 3:30 PM += SB 284 BOARD OF FISHERIES: MEMBERSHIP + HJR 14 EXXON PLAINTIFFS; H.R. 2419, SEC. 12801 + Confirmation Hearing: AK Commercial Fisheries Entry Commission + Bills Previously Heard/Scheduled -- Testimony <Time Limit May Be Set> -- Mar 21 Friday Butrovich 205 3:30 PM + Confirmation Hearings: Big Game Commercial Services Board += SB 237 MGMT OF SUSTAINABLE SALMON FISHERIES + SB 301 LEASE-PURCHASE: HATCHERY Bills Previously Heard/Scheduled -- Testimony <Time Limit May Be Set> -- Mar 22 Saturday Butrovich 205 11:00 AM + Bills Previously Heard/Scheduled -- Testimony <Time Limit May Be Set> -- ---------------------------------------- STATE AFFAIRS Mar 18 Tuesday Beltz 211 9:00 AM + SB 183 REPEAL DEFINED CONTRIB RETIREMENT PLANS + SB 259 EFFECTIVE DATE: MEDICAL ASSISTANCE LAWS + SB 260 2008 REVISOR'S BILL + Bills Previously Heard/Scheduled Mar 20 Thursday Beltz 211 9:00 AM + SB 198 CAMPAIGN FINANCE/ELECTION CODE VIOLATIONS + SB 203 LEGISLATIVE ETHICS: VOTING & CONFLICTS + SCR 12 AMEND UNIFORM RULES: ABSTAIN FROM VOTING + SB 199 CAMPAIGN FINANCE COMPLAINTS + SB 213 LEGISLATIVE AUDIT DIVISION POWERS + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 18 Tuesday Butrovich 205 1:00 PM No Meeting Scheduled 2008-03-17 Senate Journal Page 2234 TRANSPORTATION (continued) Mar 20 Thursday Butrovich 205 2:00 PM -- Time Change -- SB 298 MARINE TRANSPORTATION: BOARD & DIVISION ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Mar 19 Wednesday Butrovich 205 8:00 AM + Bills Previously Heard/Scheduled Mar 21 Friday Butrovich 205 8:00 AM + Bills Previously Heard/Scheduled Mar 22 Saturday Butrovich 205 10:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES ARMED SERVICES COMMITTEE Mar 18 Tuesday Butrovich 205 9:00 AM + Address on Veterans' Issues by the Honorable Lisa Murkowski, U.S. Senator ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Mar 17 Monday House Finance 519 8:30 AM Contracts Mar 25 Tuesday House Finance 519 8:30 AM Final Audits - FY08 Statewide Single Audit Dept. of Admin., AK Data Enterprise Reporting System Preliminary Audits - Dept. of Natural Resources, Matanuska Maid Dept. Environmental Conservation, Div. of Spill Prevention & Response ---------------------------------------- 2008-03-17 Senate Journal Page 2235 JOINT COMMITTEES (continued) LEGISLATIVE COUNCIL Mar 20 Thursday Senate Finance 532 5:00 PM FY07 Legislature Audit Cutting Edge Development, Inc. Contract Amendment Coldfoot Environmental Services, Inc. Contract Approval Goldstein Improvement Co. Lease Renewal Approval 90 Day Session Subcommittee Charitable Event Approval - Alaska Youth Choir Touring Dinner/Fundraiser ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Mar 19 Wednesday Butrovich 205 12:00 PM -- MEETING CANCELED -- Measuring Success: Improving Health Indicators Apr 02 Wednesday Butrovich 205 12:00 PM High Quality, Low Cost ---------------------------------------- JOINT SESSION Mar 18 Tuesday House Chamber 11:00 AM -- Date Change -- Annual Address by the Honorable Lisa Murkowski, U.S. Senator