Legislature(2007 - 2008)
2008-04-09 Senate Journal
Full Journal pdf2008-04-09 Senate Journal Page 2739 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday April 9, 200 Eighty-sixth Day Pursuant to adjournment the Senate was called to order by President Green at 11:20 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Senator Wielechowski. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. In these closing days, as we discuss important policies and decisions that will affect the lives of all Alaskans, I pray that we may be guided by the words of Jesus Christ: Blessed are the poor, for theirs is the kingdom of heaven. Blessed are they who mourn, for they shall be comforted. Blessed are the meek, for they shall possess the earth. Blessed are they who hunger and thirst for justice, for they shall be satisfied. Blessed are the merciful, for they shall obtain mercy. Blessed are the pure of heart, for they shall see God. Blessed are the peacemakers, for they shall be called sons of God. Blessed are they who suffer persecution for justice sake, for theirs is the kingdom of heaven. Amen. Senator Huggins led the Senate in the Pledge of Allegiance. 2008-04-09 Senate Journal Page 2740 Certification Senator Ellis moved and asked unanimous consent that the journal for the eighty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SB 72 Message was read stating the Governor signed the following bill on April 8 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 72(FIN) am H "An Act relating to the community revenue sharing program; repealing certain programs providing state payments to municipalities and other entities; and providing for an effective date." Chapter 12, SLA 2008 Effective Date: 4/9/08 SB 125 Message was read stating the Governor signed the following bill on April 8 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: FREE CONFERENCE CS FOR SENATE BILL NO. 125 "An Act relating to the accounting and payment of contributions under the retirement plans of the Public Employees' Retirement System of Alaska and the Teachers' Retirement System, to calculations of contributions under those retirement plans, and to participation in, and termination of and amendments to participation in, the defined benefit plans of those systems; relating to recovery of an award of damages or other recovery by those systems; relating to employer contributions to the health reimbursement arrangement plan; relating to participation in the 2008-04-09 Senate Journal Page 2741 public employees' defined contribution plan by certain elected officials; making conforming amendments; and providing for an effective date." Chapter 13, SLA 2008 Effective Date: See Chapter Messages from the House Message dated April 9 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twenty-fifth Alaska Legislature at 6:00 p.m. on Saturday, April 12 for confirmation hearings on the Governor's appointees. Senator Ellis moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. #END Messages dated April 9 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 41 CS FOR HOUSE JOINT RESOLUTION NO. 41(RLS) BY THE HOUSE RULES COMMITTEE, Urging the United States Congress to repeal sec. 511 of P.L. 109-222 (Tax Increase Prevention and Reconciliation Act of 2005). was read the first time and referred to the State Affairs Committee. 2008-04-09 Senate Journal Page 2742 First Reading and Reference of House Bills HB 106 CS FOR HOUSE BILL NO. 106(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act repealing fees imposed on the sale of new tires, the sale of certain studded tires, and the installation of certain metal studs on tires; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. Standing Committee Reports Report dated April 8 was read, stating: In accordance with AS 39.05.080, the Labor and Commerce Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Alaska State Board of Public Accountancy Max E. Mertz - Juneau Alcohol Beverage Control Board Joseph DelDonno - Anchorage Robert Klein - Anchorage State Board of Registration for Architects, Engineers, and Land Surveyors Clifford E. Baker - Kenai Daniel E. Walsh - Fairbanks Board of Barbers and Hairdressers Lorenda Britten - Fairbanks Kelley Sherman - Wasilla 2008-04-09 Senate Journal Page 2743 Board of Chiropractic Examiners James Heston - Homer Board of Marine Pilots Robert J. Arts - Anchorage Occupational Safety and Health Review Board Timothy O. Sharp - Fairbanks James Montgomery, Jr. - Kenai Personnel Board Debra E. English - Anchorage Real Estate Commission Christina E. Swires - Anchorage Regulatory Commission of Alaska Robert M. "Bob" Pickett - Wasilla Board of Veterinary Examiners Martin Buser - Big Lake Dr. Timothy L. Bowser - Soldotna Workers' Compensation Appeals Commission David Richards - Eagle River Alaska Workers' Compensation Board David Kester - Anchorage Jeffrey P. Pruss - Fairbanks David B. Robinson - Wasilla Damian J. Thomas - Fairbanks Debra G. Norum - Fairbanks Don L. Gray - Anchorage Howard A. Hansen - Wasilla Michael J. Notar - Juneau Marc D. Stemp - Bethel This does not reflect an intent by any of the members to vote for or against the confirmation of the individuals during any further sessions. 2008-04-09 Senate Journal Page 2744 Signing the report: Senator Ellis, Chair; Senators Stevens, Davis. HB 289 The Finance Committee considered CS FOR HOUSE BILL NO. 289(FSH) "An Act exempting employers from paying unemployment tax for temporary services provided by fishing vessel crewmembers and related to emergency oil spill training and response activities; and providing for an effective date." Signing do pass: Senator Stedman, Cochair; Senator Elton. Signing no recommendation: Senators Thomas, Huggins, Olson. The following previously published fiscal information applies: Fiscal Note No. 3, zero, Department of Labor and Workforce Development The bill was referred to the Rules Committee. HB 297 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 297(RLS) "An Act relating to student permits authorized by the Board of Veterinary Examiners; and relating to the application of certain statutes pertaining to veterinarians and veterinary practice to certain persons." Signing do pass: Senator Ellis, Chair; Senator Davis. Signing no recommendation: Senator Stevens. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 305 The State Affairs Committee considered CS FOR HOUSE BILL NO. 305(RLS) am "An Act relating to campaign fund raising during a regular or special legislative session; and providing for an effective date" and recommended it be replaced with 2008-04-09 Senate Journal Page 2745 SENATE CS FOR CS FOR HOUSE BILL NO. 305(STA) (forthcoming) Signing no recommendation: Senator McGuire, Chair; Senators French, Stevens. Signing do pass: Senator Bunde. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the Rules Committee. HB 307 The Finance Committee considered CS FOR HOUSE BILL NO. 307(FIN) "An Act relating to penalizing certain misdemeanor domestic violence assaults as felonies" and recommended the adoption of the Judiciary Senate Committee Substitute offered on page 2633. Signing do pass: Senator Stedman, Cochair; Senators Elton, Thomas, Huggins, Olson. The following fiscal information was published today: Fiscal Note No. 10, indeterminate, Department of Law Fiscal Note No. 11, zero, Senate Finance Committee Fiscal Note No. 12, zero, Senate Finance Committee Fiscal Note No. 13, Alaska Court System The following previously published fiscal information applies: Fiscal Note No. 4, zero, Department of Public Safety The bill was referred to the Rules Committee. HB 366 The State Affairs Committee considered HOUSE BILL NO. 366 am "An Act relating to an exemption from public disclosure of certain appropriations from the dividend fund; relating to execution upon permanent fund dividends by civilian process servers using electronic procedures; amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective date." Signing do pass: Senator McGuire, Chair; Senators French, Bunde. Signing no recommendation: Senator Stevens. 2008-04-09 Senate Journal Page 2746 The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Revenue Fiscal Note No. 3, zero, Department of Corrections The bill was referred to the Finance Committee. HB 383 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 383(L&C) "An Act establishing an exemption from the dentist licensing exam for certain persons." Signing do pass: Senator Ellis, Chair; Senator Davis. Signing no recommendation: Senator Stevens. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 406 The Finance Committee considered CS FOR HOUSE BILL NO. 406(STA) "An Act relating to contracts for the preparation of election ballots." Signing do pass: Senator Stedman, Cochair; Senators Elton, Thomas, Huggins. Signing no recommendation: Senator Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Office of the Governor The bill was referred to the Rules Committee. HJR 24 The Labor and Commerce Committee considered HOUSE JOINT RESOLUTION NO. 24 am Opposing any law that would establish a federal insurance regulatory system, and recommended it be replaced with SENATE CS FOR HOUSE JOINT RESOLUTION NO. 24(L&C) 2008-04-09 Senate Journal Page 2747 Signing do pass: Senator Ellis, Chair; Senator Davis. Signing no recommendation: Senator Stevens. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Labor and Commerce Committee The resolution was referred to the Rules Committee. Reconsideration of House Bills HB 379 Senator Wilken requested that the reconsideration on HOUSE BILL NO. 379 be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall HOUSE BILL NO. 379 "An Act relating to educational requirements for licensure as a certified public accountant" pass the Senate?" The roll was taken with the following result: HB 379 Third Reading - On Reconsideration YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken and so, HOUSE BILL NO. 379 passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. Consideration of the Calendar Second Reading of Senate Bills SB 8 SENATE BILL NO. 8 "An Act relating to a mental health patient's right to choose the gender of hospital staff providing intimate care to the mental health patient and to the duties of hospital staff in caring for patients receiving mental health treatment" was read the second time. 2008-04-09 Senate Journal Page 2748 Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2714. Without objection, CS FOR SENATE BILL NO. 8(FIN) was adopted. Senator Ellis moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 8(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 8(FIN) "An Act relating to a mental health patient's right to choose the gender of hospital staff providing intimate care to the mental health patient and to the duties of hospital staff in caring for patients receiving mental health treatment" pass the Senate?" The roll was taken with the following result: CSSB 8(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken and so, CS FOR SENATE BILL NO. 8(FIN) passed the Senate and was referred to the Secretary for engrossment. SB 170 SENATE BILL NO. 170 "An Act requiring that health care insurers provide insurance coverage for well-baby exams" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2075. Without objection, CS FOR SENATE BILL NO. 170(FIN) "An Act requiring that health care insurers offer insurance coverage for well-baby exams" was adopted. 2008-04-09 Senate Journal Page 2749 Senator Ellis moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 170(FIN) was read the third time. Senator McGuire called the Senate. The call was satisfied. The question being: "Shall CS FOR SENATE BILL NO. 170(FIN) "An Act requiring that health care insurers offer insurance coverage for well-baby exams" pass the Senate?" The roll was taken with the following result: CSSB 170(FIN) Third Reading - Final Passage YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Hoffman, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Nays: Cowdery, Green, Huggins, Stedman and so, CS FOR SENATE BILL NO. 170(FIN) passed the Senate. Reconsideration of Senate Bills SB 170 Senator McGuire gave notice of reconsideration on CS FOR SENATE BILL NO. 170(FIN) and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered and the bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 170(FIN) "An Act requiring that health care insurers offer insurance coverage for well-baby exams" pass the Senate?" The roll was taken with the following result: 2008-04-09 Senate Journal Page 2750 CSSB 170(FIN) Third Reading - On Reconsideration YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Hoffman, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Nays: Cowdery, Green, Huggins, Stedman and so, CS FOR SENATE BILL NO. 170(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. President Green lifted the call. Reconsideration of Senate Resolutions SCR 21 Senator Wagoner requested that the reconsideration on SENATE CONCURRENT RESOLUTION NO. 21 Establishing the Cook Inlet Salmon Task Force as a joint legislative task force, be taken up. The resolution was before the Senate on reconsideration. Senator Bunde declared a conflict of interest. Senator Stedman called the Senate. Senator Stedman lifted the call. The question to be reconsidered: "Shall SENATE CONCURRENT RESOLUTION NO. 21 Establishing the Cook Inlet Salmon Task Force as a joint legislative task force, pass the Senate?" The roll was taken with the following result: SCR 21 Second Reading - On Reconsideration YEAS: 13 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Ellis, French, Green, Hoffman, Huggins, McGuire, Olson, Therriault, Thomas, Wielechowski Nays: Dyson, Elton, Stedman, Stevens, Wagoner, Wilken Absent: Kookesh Therriault changed from "Nay" to "Yea". 2008-04-09 Senate Journal Page 2751 and so, SENATE CONCURRENT RESOLUTION NO. 21 passed the Senate on reconsideration and was referred to the Secretary for engrossment. Recess Senator Ellis moved and asked unanimous consent that the Senate stand in recess to 12:50 p.m. Without objection, the Senate recessed at 12:26 p.m. After Recess The Senate reconvened at 12:55 p.m. President Green called the Senate. Senator Ellis lifted the call. Second Reading of House Bills HB 166 CS FOR HOUSE BILL NO. 166(FIN) "An Act relating to contributions from permanent fund dividends to community foundations, to certain educational organizations, and to certain other charitable organizations; and providing for an effective date" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2716. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 166(FIN) "An Act relating to contributions from permanent fund dividends to community foundations, to certain educational organizations, and to certain other charitable organizations; relating to the execution upon permanent fund dividends; amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective date" was adopted. Senator French offered Amendment No. 1 : Page 2, line 23, following "situations,": Insert "victims of crime," 2008-04-09 Senate Journal Page 2752 Senator French moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Bunde objected, then withdrew his objection. There being no further objection, Amendment No. 1 was adopted. Senator Ellis moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 166(FIN) am S was read the third time. Senators Wilken, Wielechowski, Therriault, Kookesh, Davis, Dyson moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 166(FIN) am S "An Act relating to contributions from permanent fund dividends to community foundations, to certain educational organizations, and to certain other charitable organizations; relating to the execution upon permanent fund dividends; amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 166(FIN) am S Third Reading - Final Passage Effective Date Court Rule Change YEAS: 17 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Stevens, Therriault, Thomas, Wielechowski, Wilken Nays: Stedman, Wagoner Absent: Olson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 166(FIN) am S passed the Senate. Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. 2008-04-09 Senate Journal Page 2753 Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered. Senator Thomas gave notice of reconsideration (page 2756). SCR 29 Senator Ellis moved and asked unanimous consent to bring up SENATE CONCURRENT RESOLUTION NO. 29, which had been held on the Secretary's desk (page 2721). Without objection, SENATE CONCURRENT RESOLUTION NO. 29 was read the second time and was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 29 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 166, relating to contributions from permanent fund dividends to community foundations, to certain educational organizations, and to certain other charitable organizations, pass the Senate?" The roll was taken with the following result: SCR 29 Final Passage YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Absent: Hoffman, Stedman and so, SENATE CONCURRENT RESOLUTION NO. 29 passed the Senate and was referred to the Secretary for engrossment. Senator Ellis rose to a point of information, citing Mason's Manual Section 121(Breaches of the Order of the House). HB 196 CS FOR HOUSE BILL NO. 196(JUD) "An Act relating to the handling of matters after a person's death" was read the second time. 2008-04-09 Senate Journal Page 2754 Senator French, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2717. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 196(JUD) "An Act relating to the handling of matters after a person's death, to the Uniform Anatomical Gift Act, to anatomical gifts, to donations to the anatomical gift awareness fund, to a registry of anatomical gifts, and to organizations that handle the procurement, distribution, or storage of all or a part of an individual's body" was adopted. Senator Bunde offered Amendment No. 1 : Page 2, line 5: Delete "$50,000" Insert "$100,000" Senator Bunde moved for the adoption of Amendment No. 1. Senator French objected. Senator French rose to a point of order. President Green cautioned members to proceed in order. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 196(JUD) Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Ellis, Green, McGuire, Therriault, Wagoner, Wilken Nays: Cowdery, Davis, Dyson, Elton, French, Huggins, Kookesh, Olson, Stedman, Stevens, Thomas, Wielechowski Absent: Hoffman and so, Amendment No. 1 failed. Senator Ellis moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 2008-04-09 Senate Journal Page 2755 SENATE CS FOR CS FOR HOUSE BILL NO. 196(JUD) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 196(JUD) "An Act relating to the handling of matters after a person's death, to the Uniform Anatomical Gift Act, to anatomical gifts, to donations to the anatomical gift awareness fund, to a registry of anatomical gifts, and to organizations that handle the procurement, distribution, or storage of all or a part of an individual's body" pass the Senate?" The roll was taken with the following result: SCS CSHB 196(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Absent: Hoffman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 196(JUD) passed the Senate. Senator Bunde gave notice of reconsideration. SCR 28 Senator Ellis moved and asked unanimous consent to bring up SENATE CONCURRENT RESOLUTION NO. 28, which had been held on the Secretary's desk (page 2721). Without objection, SENATE CONCURRENT RESOLUTION NO. 28 was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 28 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 196, relating to the handling of matters after a person's death, pass the Senate?" The roll was taken with the following result: 2008-04-09 Senate Journal Page 2756 SCR 28 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Absent: Hoffman and so, SENATE CONCURRENT RESOLUTION NO. 28 passed the Senate and was referred to the Secretary for engrossment. Reconsideration of House Bills HB 166 Senator Thomas gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 166(FIN) am S "An Act relating to contributions from permanent fund dividends to community foundations, to certain educational organizations, and to certain other charitable organizations; relating to the execution upon permanent fund dividends; amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective date" and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered and the bill was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 166(FIN) am S "An Act relating to contributions from permanent fund dividends to community foundations, to certain educational organizations, and to certain other charitable organizations; relating to the execution upon permanent fund dividends; amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2008-04-09 Senate Journal Page 2757 SCS CSHB 166(FIN) am S Third Reading - On Reconsideration Effective Date Court Rule Change YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Nays: Stedman Absent: Hoffman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 166(FIN) am S passed the Senate on reconsideration. Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of House Bills HB 319 CS FOR HOUSE BILL NO. 319(L&C) "An Act relating to the practice of dentistry, to dental assistants, and to dental hygienists" was read the second time. Senator Davis, Chair, moved and asked unanimous consent for the adoption of the Health, Education and Social Services Senate Committee Substitute offered on page 2634. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 319(HES) was adopted. Senator Ellis moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 2008-04-09 Senate Journal Page 2758 SENATE CS FOR CS FOR HOUSE BILL NO. 319(HES) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 319(HES) "An Act relating to the practice of dentistry, to dental assistants, and to dental hygienists" pass the Senate?" The roll was taken with the following result: SCS CSHB 319(HES) Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, McGuire, Olson, Stedman, Thomas, Wagoner, Wielechowski, Wilken Absent: Hoffman, Stevens, Therriault and so, SENATE CS FOR CS FOR HOUSE BILL NO. 319(HES) passed the Senate and was referred to the Secretary for engrossment. HB 354 CS FOR HOUSE BILL NO. 354(JUD) "An Act relating to adoptions, to subsidies for a hard-to-place child, to criminal sanctions for unlawful disclosure of confidential information pertaining to a child, to child support orders in child-in-need-of-aid and delinquency proceedings, and to civil actions on behalf of children in need of aid who are injured or die while in state custody; and providing for an effective date" was read the second time. 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. 354(JUD) was read the third time. Senator Dyson declared a conflict of interest. 2008-04-09 Senate Journal Page 2759 The question being: "Shall CS FOR HOUSE BILL NO. 354(JUD) "An Act relating to adoptions, to subsidies for a hard-to-place child, to criminal sanctions for unlawful disclosure of confidential information pertaining to a child, to child support orders in child-in-need-of-aid and delinquency proceedings, and to civil actions on behalf of children in need of aid who are injured or die while in state custody; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 354(JUD) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, McGuire, Olson, Therriault, Thomas, Wagoner, Wielechowski, Wilken Absent: Hoffman, Stedman, Stevens and so, CS FOR HOUSE BILL NO. 354(JUD) passed the Senate. Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Second Reading of House Resolutions HJR 38 CS FOR HOUSE JOINT RESOLUTION NO. 38(STA) Recognizing the State of Israel on the 60th anniversary of its founding, was read the second time. Senator Ellis moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. 2008-04-09 Senate Journal Page 2760 CS FOR HOUSE JOINT RESOLUTION NO. 38(STA) was read the third time. The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 38(STA) Recognizing the State of Israel on the 60th anniversary of its founding, pass the Senate?" The roll was taken with the following result: CSHJR 38(STA) Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, McGuire, Olson, Therriault, Thomas, Wagoner, Wielechowski, Wilken Absent: Hoffman, Stedman, Stevens and so, CS FOR HOUSE JOINT RESOLUTION NO. 38(STA) passed the Senate, was signed by the President and Secretary and returned to the House. Citations In Memoriam - Pete E. Payton Representative(s) Kawasaki Senator(s) Wilken, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - William Anthony Joyce Representative(s) Olson Senator(s) Wagoner, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, 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. 2008-04-09 Senate Journal Page 2761 Unfinished Business HB 344 Senator McGuire, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on HOUSE BILL NO. 344 "An Act relating to distribution of the Alaska Administrative Code and Alaska Administrative Register; and providing for an effective date." Without objection, the bill was referred to the Rules Committee. SB 226 The reconsideration on SENATE BILL NO. 226 "An Act relating to litigation brought by a vexatious litigant; amending Rules 3, 4, 12, and 41, Alaska Rules of Civil Procedure; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Engrossment SB 8 CS FOR SENATE BILL NO. 8(FIN) "An Act relating to a mental health patient's right to choose the gender of hospital staff providing intimate care to the mental health patient and to the duties of hospital staff in caring for patients receiving mental health treatment" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 170 CS FOR SENATE BILL NO. 170(FIN) "An Act requiring that health care insurers offer insurance coverage for well-baby exams" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2008-04-09 Senate Journal Page 2762 SB 226 SENATE BILL NO. 226 "An Act relating to litigation brought by a vexatious litigant; amending Rules 3, 4, 12, and 41, Alaska Rules of Civil Procedure; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 166 SENATE CS FOR CS FOR HOUSE BILL NO. 166(FIN) am S "An Act relating to contributions from permanent fund dividends to community foundations, to certain educational organizations, and to certain other charitable organizations; relating to the execution upon permanent fund dividends; amending Rule 89, Alaska Rules of Civil Procedure; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 319 SENATE CS FOR CS FOR HOUSE BILL NO. 319(HES) "An Act relating to the practice of dentistry, to dental assistants, and to dental hygienists" was engrossed, signed by the President and Secretary and returned to the House for consideration. SCR 21 SENATE CONCURRENT RESOLUTION NO. 21 Establishing the Cook Inlet Salmon Task Force as a joint legislative task force, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 28 SENATE CONCURRENT RESOLUTION NO. 28 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 196, relating to the handling of matters after a person's death, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2008-04-09 Senate Journal Page 2763 SCR 29 SENATE CONCURRENT RESOLUTION NO. 29 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 166, relating to contributions from permanent fund dividends to community foundations, to certain educational organizations, and to certain other charitable organizations, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 10, 2008. Without objection, the Senate adjourned at 2:15 p.m. Kirsten Waid Secretary of the Senate 2008-04-09 Senate Journal Page 2764 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 FINANCE Apr 09 Wednesday Senate Finance 532 9:0 += HB 152 ESTABLISH RENEWABLE ENERGY FUND/ACCOUNT + HB 252 LEAVE FOR ORGAN/BONE MARROW DONATIONS + HB 294 MARINE TRANSPORTATION: BOARD & DIVISION + HB 296 EXTENDING BOARD OF PAROLE + HB 334 EXTENDING COUNCIL ON DOMESTIC VIOLENCE + HB 359 PROBATION AND MINOR CONSUMING + HB 400 MITIGATING FACTOR: CARE FOR DRUG OVERDOSE + HB 413 EXTENDING THE REAL ESTATE COMMISSION + HB 417 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT += HB 419 STATE LEASE-PURCHASE AGREEMENTS + HCR 13 EDUCATION FUNDING/COST FACTOR COMMISSION + Bills Previously Heard/Scheduled Apr 09 Wednesday Senate Finance 532 1:3 + Bills Previously Heard/Scheduled += HB 2 VOCATIONAL EDUC ACCOUNT Apr 10 Thursday Senate Finance 532 9:0 + HJR 28 CONST. AM:BUDGET RES.FUND/OIL& GAS TAX + HB 226 REPEAL TERMINATION OF STEP PROGRAM + HB 373 SCHOOL BOND DEBT REIMBURSEMENT + HB 281 CAMPAIGN FINANCE COMPLAINTS/DISCLOSURE + HB 320 SEARCH & RESCUE: CERTIFICATION/WORK.COMP + HB 200 WORKERS' COMP: DISEASE PRESUMPTION + HB 325 TEACHERS/HEALTH CARE PROFESS HOUSING LOAN + HB 50 CHILD PLACEMENT COMPACT + HB 332 PRE-ELEMENTARY SCHOOL PROGRAMS + HB 44 VETERAN INFO ON PFD APPLICATIONS + Bills Previously Heard/Scheduled 2008-04-09 Senate Journal Page 2765 FINANCE (continued) Apr 10 Thursday Senate Finance 532 1:3 + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 09 Wednesday Beltz 211 2:4 -- Postponed to a Call of the Chair -- -- Time Change -- + Bills Previously Heard/Scheduled Apr 10 Thursday Location Tba + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Apr 09 Wednesday Butrovich 205 3:3 -- MEETING CANCELED -- + Bills Previously Heard/Scheduled -- Testimony <Time Limit May Be Set> -- ---------------------------------------- STATE AFFAIRS Apr 09 Wednesday Beltz 211 9:0 -- Rescheduled from 04/08/08 -- += HB 368 ETHICS: LEGISLATIVE & GOV/LT GOV += HB 305 CAMPAIGN FUND RAISING DURING SESSIONS + HB 366 PFD: EXECUTION /DISCLOSURE OF APPROPS + Bills Previously Heard/Scheduled Apr 10 Thursday Beltz 211 10:00 -- Meeting Continued from 04/09/08 -- += HB 368 ETHICS: LEGISLATIVE & GOV/LT GOV + HJR 41 REPEAL OF SEC. 511 OF P.L. 109-222 Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 10 Thursday Butrovich 205 1:0 No Meeting Scheduled ---------------------------------------- 2008-04-09 Senate Journal Page 2766 JOINT COMMITTEES LEGISLATIVE COUNCIL Apr 10 Thursday Capitol 106 5:0 Sanctioning of a Charitable Event: Kenai River Classic Travel & Moving Policy Update Approval Alaska Statute Publication Contract RFP for Anchorage Office Space 2008 Technology Refresh Approval ---------------------------------------- CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB 310 & HB 312 Apr 09 Wednesday Senate Finance 532 4:0 = HB 310 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 312 APPROP: MENTAL HEALTH BUDGET Apr 10 Thursday Senate Finance 532 4:0 = HB 310 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 312 APPROP: MENTAL HEALTH BUDGET ---------------------------------------- OTHER MEETINGS JOINT SESSION Apr 12 Saturday House Chamber 6:0 Confirmation of Governor's Appointees