Legislature(2007 - 2008)
2008-04-12 Senate Journal
Full Journal pdf2008-04-12 Senate Journal Page 2883 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE SECOND SESSION Juneau, Alaska Saturday April 12, 2008 Eighty-ninth Day Pursuant to adjournment the Senate was called to order by President Green at 12:17 p.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Senator Wagoner. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Thank you, Lord, for the opportunity to pray over the servant leaders of our state. We pray that you give us just enough challenges to ask for your direction, Just enough pressure to ask for your strength, Just enough lack of finances and emotional energy to recognize our dependence upon you, Leaning not on our own understanding, but acknowledging you in all our ways! Amen. (Pastor James D. Duncan) Senator Olson led the Senate in the Pledge of Allegiance. 2008-04-12 Senate Journal Page 2884 Certification Senator Ellis moved and asked unanimous consent that the journal for the eighty-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House HB 19 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 19(FIN) "An Act relating to ignition interlock devices; to limited driver's license privileges; and to ignition interlock limited driver's license privileges" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 19(JUD)(efd am S) "An Act relating to ignition interlock devices; to limited driver's license privileges; to ignition interlock limited driver's license privileges; and providing for an effective date." (technical title change) HB 25 Message dated April 11 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 25 "An Act relating to landowners' immunity for allowing use of land without charge for a recreational activity; relating to landowners' liability where landowner conduct involves gross negligence or reckless or intentional misconduct; relating to claims of adverse possession and prescriptive easements, or similar claims; and providing for an effective date" thus adopting: SENATE CS FOR HOUSE BILL NO. 25(JUD) am S "An Act relating to landowners' immunity for allowing use of land without charge for a recreational activity; relating to landowners' liability where landowner conduct involves gross negligence or reckless or intentional misconduct; relating to claims of adverse possession and prescriptive easements, or similar claims; relating to public recreational use easements to allow use of land for recreational activity and prohibiting fees for recording those easements; and providing for an effective date." (Title change SCR 27) 2008-04-12 Senate Journal Page 2885 HB 152 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 152(FIN) "An Act establishing a renewable energy project account and a renewable energy fund and describing their uses and purposes" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 152(FIN) am S "An Act establishing a renewable energy grant fund and describing its uses and purposes; establishing a renewable energy grant recommendation program; for the fiscal year ending June 30, 2009, authorizing the Alaska Energy Authority to distribute renewable energy grants and setting out the procedures to be followed to award those grants; establishing a state heating assistance program in addition to the federal heating assistance program; establishing an Alaska Renewable Energy Task Force; and providing for an effective date." (Title change SCR 32) HB 166 Message dated April 11 was received, stating the House concurred in the Senate amendment to 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" thus adopting: 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."(Title change SCR 29) HB 196 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 196(JUD) "An Act relating to the handling of matters after a person's death" thus adopting: 2008-04-12 Senate Journal Page 2886 SENATE CS FOR CS FOR HOUSE BILL NO. 196(JUD) am S "An Act relating to the handling of matters after a person's death, to the Uniform Anatomical Gift Act, to anatomical gifts, 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." (Title change SCR 28) HB 281 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 281(RLS) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 281(FIN) "An Act requiring candidates to disclose certain information about all contributors under AS 15.13; relating to the preservation of records required to be kept by candidates, groups, nongroup entities, or persons under AS 15.13; relating to records required to be kept by certain lobbyists and persons who employ, retain, or contract for the services of lobbyists; relating to complaints filed with the Select Committee on Legislative Ethics; relating to administrative complaints filed with the Alaska Public Offices Commission; relating to the statute of limitations for civil actions brought under AS 39.50; extending the statute of limitations for prosecutions of violations of the Alaska Election Code; and providing for an effective date." HB 286 Message dated April 11 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 286, thus adopting: SENATE CS FOR HOUSE BILL NO. 286(JUD) "An Act relating to impersonating a public servant." HB 305 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 305(RLS) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 305(JUD) "An Act relating to campaign fund raising during a regular or special legislative session; and providing for an effective date." 2008-04-12 Senate Journal Page 2887 HB 307 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 307(FIN) "An Act relating to penalizing certain misdemeanor domestic violence assaults as felonies" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 307(JUD) am S "An Act relating to cruelty to animals and promoting an exhibition of fighting animals; and penalizing certain misdemeanor assaults as felonies." (Title change SCR 23) HB 319 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 319(L&C), thus adopting: 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." HB 368 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 368(FIN) am "An Act amending the Legislative Ethics Act to modify the limitation on political fund raising by legislators and legislative employees during legislative sessions, to allow legislators and legislative employees to accept certain gifts from lobbyists, to clarify the Legislative Ethics Act as it relates to legislative volunteers and educational trainees, to reduce the frequency of publication of summaries by the Select Committee on Legislative Ethics, and to revise procedures and fines related to the late filing of disclosures required by the Legislative Ethics Act" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 368(STA) am S "An Act relating to allowing legislators and legislative employees to accept certain gifts from lobbyists, to clarifying the Legislative Ethics Act as it relates to legislative volunteers and educational trainees, to reducing the frequency of publication of summaries by the Select Committee on Legislative Ethics, and to revising procedures and fines related to the late filing of disclosures required by the Legislative Ethics Act; amending prohibitions in the Regulation of Lobbying Act on gifts to a legislator or legislative employee." (Title change SCR 30) 2008-04-12 Senate Journal Page 2888 HB 373 Message dated April 11 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 373 "An Act extending specified public school bond debt reimbursement; and providing for an effective date" thus adopting: SENATE CS FOR HOUSE BILL NO. 373(FIN) "An Act relating to school construction and maintenance grants; extending specified public school bond debt reimbursement; and providing for an effective date." (Title change SCR 31) HB 417 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 417(FIN) am "An Act relating to the compensation for certain public officials, officers, and employees not covered by collective bargaining agreements; relating to pay increments for longevity in state service; and providing for an effective date" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 417(FIN) "An Act relating to the compensation for certain public officials, officers, and employees not covered by collective bargaining agreements, to pay increments for longevity in state service, and to a State Officers Compensation Commission; providing for an effective date by repealing the effective dates of certain sections of ch. 124, SLA 1986; and providing for an effective date." (Title change SCR 33) HB 419 Message dated April 11 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 419(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 419(FIN) "An Act relating to state lease-purchases of equipment and other personal property; and providing for an effective date." SB 120 Message dated April 11 was read, stating the House passed and returned: 2008-04-12 Senate Journal Page 2889 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." The bill was referred to the Secretary for enrollment. SB 170 Message dated April 11 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 170(FIN) "An Act requiring that health care insurers offer insurance coverage for well-baby exams." The bill was referred to the Secretary for enrollment. SCR 23 Message dated April 11 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 307, relating to penalizing certain misdemeanor domestic violence assaults as felonies. The resolution was referred to the Secretary for enrollment. SCR 27 Message dated April 11 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 27 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, 2008-04-12 Senate Journal Page 2890 concerning House Bill No. 25, relating to landowners' immunity for allowing use of land without charge for a recreational activity; relating to landowners' liability where landowner conduct involves gross negligence or reckless or intentional misconduct; relating to claims of adverse possession and prescriptive easements, or similar claims. The resolution was referred to the Secretary for enrollment. SCR 28 Message dated April 11 was received, stating the House passed and returned: 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. The resolution was referred to the Secretary for enrollment. SCR 29 Message dated April 11 was received, stating the House passed and returned: 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. The resolution was referred to the Secretary for enrollment. SCR 30 Message dated April 11 was received, stating the House passed and returned: 2008-04-12 Senate Journal Page 2891 SENATE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 368, amending the Legislative Ethics Act to modify the limitation on political fund raising by legislators and legislative employees during legislative sessions, to allow legislators and legislative employees to accept certain gifts from lobbyists, to clarify the Legislative Ethics Act as it relates to legislative volunteers and educational trainees, to reduce the frequency of publication of summaries by the Select Committee on Legislative Ethics, and to revise procedures and fines related to the late filing of disclosures required by the Legislative Ethics Act. The resolution was referred to the Secretary for enrollment. SCR 31 Message dated April 11 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 31 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 373, relating to school construction funding. The resolution was referred to the Secretary for enrollment. SCR 32 Message dated April 11 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 152, establishing a renewable energy project account and a renewable energy fund and describing their uses and purposes. 2008-04-12 Senate Journal Page 2892 The resolution was referred to the Secretary for enrollment. SCR 33 Message dated April 11 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 33 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 417, relating to the compensation for certain public officials, officers, and employees not covered by collective bargaining agreements; and relating to pay increments for longevity in state service. The resolution was referred to the Secretary for enrollment. HB 310 Message dated April 12 was received, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering SENATE CS FOR CS FOR HOUSE BILL NO. 310(FIN) am S(brf sup maj fld S) and CS FOR HOUSE BILL NO. 310(FIN) am, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 310 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." HB 312 Message dated April 12 was received, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering SENATE CS FOR CS FOR HOUSE BILL NO. 312(FIN) and CS FOR HOUSE BILL NO. 312(FIN), thus adopting: 2008-04-12 Senate Journal Page 2893 CONFERENCE CS FOR HOUSE BILL NO. 312 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." Messages dated April 11 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 32 HOUSE CONCURRENT RESOLUTION NO. 32 BY THE HOUSE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 265, relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; relating to execution upon permanent fund dividends by civilian process servers using electronic procedures; and amending Rule 89, Alaska Rules of Civil Procedure. was read the first time and held on the Secretary's desk. HCR 33 HOUSE CONCURRENT RESOLUTION NO. 33 BY THE HOUSE RULES COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 255, relating to refunding of certain outstanding bonds issued by the Alaska Industrial Development and Export Authority concerning the Snettisham hydroelectric project and related assets. was read the first time and held on the Secretary's desk. 2008-04-12 Senate Journal Page 2894 HCR 34 HOUSE CONCURRENT RESOLUTION NO. 34 BY THE HOUSE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 231, relating to the Alaska housing trust fund and to the Alaska Council on the Homeless. was read the first time and held on the Secretary's desk. Concur Messages SB 119 Message dated April 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 119(RLS) "An Act relating to grant programs to support libraries" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 119(FIN) Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 119(FIN) Shall the Senate Concur in the House Amendment to CSSB 119(RLS)? 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, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 119(FIN) "An Act relating to grant programs to support libraries." 2008-04-12 Senate Journal Page 2895 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 231 Senator Ellis moved and asked unanimous consent to take up the Concur Message on HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) "An Act relating to powers of the Alaska Housing Finance Corporation involving homelessness, housing retention, and transition from dependency on low-cost housing; and providing for an effective date" which had been held on the Secretary's desk (page 2841). Without objection, it was so ordered. Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 231(FIN) Shall the Senate Concur in the House Amendment to CSSB 231(HES)? Effective Date 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, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) "An Act relating to powers of the Alaska Housing Finance Corporation involving homelessness, housing retention, and transition from dependency on low-cost housing; and providing for an effective date." (Title change HCR 34) Senator Ellis moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 2008-04-12 Senate Journal Page 2896 HCR 34 Senator Ellis moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 34 which had been held on the Secretary's desk (page 2895). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 34 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 231, relating to the Alaska housing trust fund and to the Alaska Council on the Homeless, pass the Senate?" The roll was taken with the following result: HCR 34 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, HOUSE CONCURRENT RESOLUTION NO. 34 passed the Senate, was signed by the President and Secretary and returned to the House. SB 255 Message dated April 11 was read, stating the House passed and returned for consideration SENATE BILL NO. 255 "An Act relating to refunding of certain outstanding bonds issued by the Alaska Industrial Development and Export Authority concerning the Snettisham hydroelectric project and related assets; and providing for an effective date" with the following amendment: SENATE BILL NO. 255 am H(reengrossed) "An Act relating to refunding of certain outstanding bonds issued by the Alaska Industrial Development and Export Authority concerning the Snettisham hydroelectric project and related assets; relating to a municipal tax exemption for certain assets and projects of the Alaska Industrial Development and Export Authority; providing for an effective date by amending an effective date in sec. 3, ch. 117, SLA 2000, as amended by sec. 2, ch. 74, SLA 2003; and providing for an effective date." (Title change HCR 33) 2008-04-12 Senate Journal Page 2897 Senator Ellis moved that the message be held on the Secretary's desk. Without objection, it was so ordered. SB 265 Message dated April 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 265(FIN) "An Act relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; 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" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 265(FIN) am H "An Act relating to the term of probation for persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol; relating to termination of probation for certain persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol; relating to furnishing or delivering alcoholic beverages to persons under 21 years of age; relating to shipping, sending, transporting, or bringing alcohol to a local option area and providing alcohol to others in the local option area, including penalties for violations; relating to reports of alcohol violations by minors; relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; relating to public notice requirements relating to amounts that would have been paid as dividends to certain individuals required to register as sex offenders or child kidnappers; relating to certain persons who lend money on secondhand articles; relating to arson and criminally negligent burning; relating to defenses for the detention of persons suspected of committing concealment of merchandise or theft; relating to the determination of time of a conviction; relating to issuance of search warrants; relating to persons found incompetent to stand trial concerning criminal conduct; relating to probation for certain offenses; relating to restitution for fish and game violations; relating to aggravating factors at sentencing; relating to post-conviction relief proceedings; relating to criminal extradition authority of the governor; removing the statutory bar to prosecution of certain crimes; relating to the reporting of suspected child 2008-04-12 Senate Journal Page 2898 pornography by certain persons; amending Rule 37(b), Alaska Rules of Criminal Procedure, relating to execution of warrants, and Rule 35.1, Alaska Rules of Criminal Procedure; and providing for an effective date." (Title change HCR 32) Senator Ellis moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 265(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 265(FIN)? Effective Dates - Court Rules 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, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 265(FIN) am H. Senator Ellis moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clauses. 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 changes. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HCR 32 Senator Ellis moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 32, which had been held on the Secretary's desk (page 2894). Without objection, the resolution was before the Senate on final passage. 2008-04-12 Senate Journal Page 2899 The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 32 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 265, relating to the payment of permanent fund dividends to certain individuals required to register as sex offenders or child kidnappers; relating to execution upon permanent fund dividends by civilian process servers using electronic procedures; and amending Rule 89, Alaska Rules of Civil Procedure, pass the Senate?" The roll was taken with the following result: HCR 32 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, HOUSE CONCURRENT RESOLUTION NO. 32 passed the Senate, was signed by the President and Secretary and returned to the House. SB 303 Message dated April 12 was read, stating the House passed and returned for consideration SENATE BILL NO. 303 "An Act relating to certain grants awarded by the Department of Environmental Conservation" with the following amendment: HOUSE CS FOR SENATE BILL NO. 303(FIN) Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS SB 303(FIN) Shall the Senate Concur in the House Amendment to SB 303? 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 2008-04-12 Senate Journal Page 2900 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 303(FIN) "An Act relating to certain grants awarded by the Department of Environmental Conservation." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Standing Committee Reports HB 111 The Finance Committee considered CS FOR HOUSE BILL NO. 111(FIN) "An Act decreasing the fee for a business license; relating to a civil fine for not having a current business license, to business license penalties under certain laws relating to financial institutions, occupational licensing, employment agencies, and taxation, and to the duration of certain business licenses; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 111(FIN) Signing do pass: Senator Hoffman, Cochair; Senators Thomas, Dyson, Elton. Signing no recommendation: Senator Stedman, Cochair; Senators Huggins, Olson. The following fiscal information was published today: Fiscal Note No. 9, Department of Commerce, Community and Economic Development Fiscal Note No. 10, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. Consideration of the Calendar President Green stated in accordance with Rule 43(b) of the Uniform Rules, engrossment may be waived on all bills transmitted to the House on this legislative day. 2008-04-12 Senate Journal Page 2901 Senator Ellis moved and asked unanimous consent to proceed down the calendar to House Bills in Third Reading. Without objection, the Senate proceeded to: House Bills in Third Reading HB 65 SENATE CS FOR CS FOR HOUSE BILL NO. 65(FIN) am S "An Act relating to breaches of security involving personal information, credit report and credit score security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, disclosure of the names and addresses of permanent fund dividend applicants, and to the jurisdiction of the office of administrative hearings; amending Rules 60 and 82, Alaska Rules of Civil Procedure; and providing for an effective date" was before the Senate in third reading. Senator French moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator French offered Amendment No. 2 : Page 2, line 28, following "years.": Insert: "The notification required by this subsection shall not be considered a public record open to inspection by the public." Senator French moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 65(FIN) am S was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 65(FIN) am S "An Act relating to breaches of security involving personal information, credit report and credit score security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, disclosure of the names and addresses of permanent fund dividend applicants, and to the jurisdiction of the office of administrative hearings; amending Rules 60 and 82, Alaska Rules of Civil Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2008-04-12 Senate Journal Page 2902 SCS CSHB 65(FIN) am S Third Reading - Final Passage Effective Dates - Court Rules 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, SENATE CS FOR CS FOR HOUSE BILL NO. 65(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 clauses. 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 changes. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration (page 2903). Senator Ellis called the Senate. The call was satisfied. SCR 35 Senator Ellis moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 35, which had been held on the Secretary's desk (page 2845). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 35 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 65, relating to breaches of security involving personal information, credit report and credit score security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings; and amending Rules 60 and 82, Alaska Rules of Civil Procedure, pass the Senate?" The roll was taken with the following result: 2008-04-12 Senate Journal Page 2903 SCR 35 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, SENATE CONCURRENT RESOLUTION NO. 35 passed the Senate. Senator Ellis gave notice of reconsideration (page 2904). Reconsideration of House Bills HB 65 Senator Ellis gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 65(FIN) am S 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. 65(FIN) am S "An Act relating to breaches of security involving personal information, credit report and credit score security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, disclosure of the names and addresses of permanent fund dividend applicants, and to the jurisdiction of the office of administrative hearings; amending Rules 60 and 82, Alaska Rules of Civil Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 65(FIN) am S Third Reading - On Reconsideration Effective Dates - Court Rules 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 2008-04-12 Senate Journal Page 2904 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 65(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 clauses. 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 changes. Without objection, it was so ordered. In accordance with Uniform Rule 43, engrossment was waived on SENATE CS FOR CS FOR HOUSE BILL NO. 65(FIN) am S and the bill was returned to the House for consideration with certified amendments. Reconsideration of Senate Resolutions SCR 35 Senator Ellis gave notice of reconsideration on SENATE CONCURRENT RESOLUTION NO. 35 and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered and the resolution was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CONCURRENT RESOLUTION NO. 35 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 65, relating to breaches of security involving personal information, credit report and credit score security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings; and amending Rules 60 and 82, Alaska Rules of Civil Procedure, pass the Senate?" The roll was taken with the following result: 2008-04-12 Senate Journal Page 2905 SCR 35 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, SENATE CONCURRENT RESOLUTION NO. 35 passed the Senate on reconsideration and was referred to the Secretary for engrossment. Conference Committee Reports HB 310 Senator Ellis moved and asked unanimous consent to take up the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 310 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date" which had been held on the Secretary's desk (page 2819). Without objection, it was so ordered. Senator Ellis moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 310. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 310 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date"?" The roll was taken with the following result: 2008-04-12 Senate Journal Page 2906 CCS HB 310 Shall the Senate adopt the Conference Committee Report? Effective Dates YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Therriault, Wagoner, Wilken Wagoner changed from "Yea" to "Nay". and so, the report was adopted, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 310 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." Senator Ellis moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Ellis moved for the adoption of the constitutional budget reserve fund section. The question being: "Shall the constitutional budget reserve fund section (Article IX, Section 17(c) Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: CCS HB 310 Adopt Constitutional Budget Reserve Fund Section? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Therriault, Wagoner, Wilken 2008-04-12 Senate Journal Page 2907 and so, the constitutional budget reserve fund section was adopted. The Secretary was requested to notify the House. HB 312 Senator Ellis moved and asked unanimous consent to take up the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 312 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" which had been held on the Secretary's desk (page 2820). Without objection, it was so ordered. Senator Ellis moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 312. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 312 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date"?" The roll was taken with the following result: CCS HB 312 Shall the Senate adopt the Conference Committee Report? Effective Date 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, the report was adopted, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 312 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." 2008-04-12 Senate Journal Page 2908 Senator Ellis moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. Concur Messages SB 255 Senator Ellis moved and asked unanimous consent to take up the concur message on SENATE BILL NO. 255 am H(reengrossed), which had been held on the Secretary's desk (page 2896). Without objection, it was so ordered. Senator Ellis moved that the Senate concur in the House amendment. Senator Wilken objected. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: SB 255 am H(reengrossed) Shall the Senate Concur in the House Amendment to SB 255? Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wielechowski Nays: Bunde, Wagoner, Wilken and so, the Senate concurred in the House amendment, thus adopting SENATE BILL NO. 255 am H(reengrossed) "An Act relating to refunding of certain outstanding bonds issued by the Alaska Industrial Development and Export Authority concerning the Snettisham hydroelectric project and related assets; relating to a municipal tax exemption for certain assets and projects of the Alaska Industrial Development and Export Authority; providing for an effective date by amending an effective date in sec. 3, ch. 117, SLA 2000, as amended by sec. 2, ch. 74, SLA 2003; and providing for an effective date." (Title Change HCR 33). 2008-04-12 Senate Journal Page 2909 Senator Ellis moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HCR 33 Senator Ellis moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 33, which had been held on the Secretary's desk (page 2893). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 33 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 255, relating to refunding of certain outstanding bonds issued by the Alaska Industrial Development and Export Authority concerning the Snettisham hydroelectric project and related assets, pass the Senate?" The roll was taken with the following result: HCR 33 Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wielechowski Nays: Wagoner, Wilken and so, HOUSE CONCURRENT RESOLUTION NO. 33 passed the Senate, was signed by the President and Secretary and returned to the House. Second Reading of Senate Bills HB 226 CS FOR HOUSE BILL NO. 226(FIN) "An Act extending the termination of the state training and employment program; requiring a review of the program; and providing for an effective date" was read the second time. 2008-04-12 Senate Journal Page 2910 Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2844. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 226(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. SENATE CS FOR CS FOR HOUSE BILL NO. 226(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 226(FIN) "An Act extending the termination of the state training and employment program; requiring a review of the program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 226(FIN) Third Reading - Final Passage Effective Date 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, SENATE CS FOR CS FOR HOUSE BILL NO. 226(FIN) 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. Senator Ellis gave notice of reconsideration (page 2918). HB 252 CS FOR HOUSE BILL NO. 252(STA) "An Act requiring paid leave from employment for organ and bone marrow donation" was read the second time. 2008-04-12 Senate Journal Page 2911 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. 252(STA) was read the third time. Senators Elton, Wagoner, Bunde, Stevens, Dyson, McGuire, Ellis moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 252(STA) "An Act requiring paid leave from employment for organ and bone marrow donation" pass the Senate?" The roll was taken with the following result: CSHB 252(STA) Third Reading - Final Passage YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Nays: Cowdery, Green, Stedman and so, CS FOR HOUSE BILL NO. 252(STA) passed the Senate, was signed by the President and Secretary and returned to the House. President Green lifted the call. Recess Senator Ellis moved and asked unanimous consent that the Senate stand in recess to 2:00 p.m. Without objection, the Senate recessed at 1:29 p.m. After Recess The Senate reconvened at 2:04 p.m. Senator Ellis called the Senate. The call was satisfied. 2008-04-12 Senate Journal Page 2912 Second Reading of House Bills HB 289 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" was read the second time. Senator Ellis moved and asked unanimous consent that the bill be moved to the bottom of the calendar. Without objection, it was so ordered. HB 296 HOUSE BILL NO. 296 "An Act extending the termination date of the Board of Parole; 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. HOUSE BILL NO. 296 was read the third time. The question being: "Shall HOUSE BILL NO. 296 "An Act extending the termination date of the Board of Parole; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 296 Third Reading - Final Passage Effective Date 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. 296 passed the Senate. 2008-04-12 Senate Journal Page 2913 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. HB 334 HOUSE BILL NO. 334 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; 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. HOUSE BILL NO. 334 was read the third time. The question being: "Shall HOUSE BILL NO. 334 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 334 Third Reading - Final Passage Effective Date 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. 334 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. HB 359 CS FOR HOUSE BILL NO. 359(FIN) "An Act relating to the term of probation for persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or 2008-04-12 Senate Journal Page 2914 control of alcohol; and relating to termination of probation for certain persons convicted of minor consuming or in possession or control of alcohol or repeat minor consuming or in possession or control of alcohol" was read the second time. Senator Ellis moved and asked unanimous consent that the bill be returned to the Rules Committee. Senator Therriault objected, then withdrew his objection. There being no further objection, CS FOR HOUSE BILL NO. 359(FIN) was returned to the Rules Committee. HB 383 CS FOR HOUSE BILL NO. 383(L&C) "An Act establishing an exemption from the dentist licensing exam for certain persons" 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. 383(L&C) was read the third time. Senators Wilken, Therriault, 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 CS FOR HOUSE BILL NO. 383(L&C) "An Act establishing an exemption from the dentist licensing exam for certain persons" pass the Senate?" The roll was taken with the following result: CSHB 383(L&C) 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 HOUSE BILL NO. 383(L&C) passed the Senate, was signed by the President and Secretary and returned to the House. 2008-04-12 Senate Journal Page 2915 HB 400 HOUSE BILL NO. 400 "An Act relating to a person who seeks medical assistance for a person experiencing a drug overdose" 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. HOUSE BILL NO. 400 was read the third time. Senators Elton, 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 HOUSE BILL NO. 400 "An Act relating to a person who seeks medical assistance for a person experiencing a drug overdose" pass the Senate?" The roll was taken with the following result: HB 400 Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Nays: Cowdery, Green and so, HOUSE BILL NO. 400 passed the Senate, was signed by the President and Secretary and returned to the House. HB 413 HOUSE BILL NO. 413 "An Act extending the termination date for the Real Estate Commission; 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. HOUSE BILL NO. 413 was read the third time. 2008-04-12 Senate Journal Page 2916 The question being: "Shall HOUSE BILL NO. 413 "An Act extending the termination date for the Real Estate Commission; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 413 Third Reading - Final Passage Effective Date 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. 413 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. House Bills in Third Reading HB 294 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294(FIN) "An Act establishing the Alaska Marine Transportation Advisory Board and setting out its powers and duties; making conforming amendments; and providing for an effective date." was before the Senate in third reading. Senator Elton moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Elton offered Amendment No. 1 : Page 4, lines 13 - 14: Delete all material and insert: "(d) The board may receive information from the department as the board considers necessary to carry out its duties." 2008-04-12 Senate Journal Page 2917 Senator Elton moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294(FIN) am S was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294(FIN) am S "An Act establishing the Alaska Marine Transportation Advisory Board and setting out its powers and duties; making conforming amendments; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CS SSHB 294(FIN) am S Third Reading - Final Passage Effective Date 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, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294(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. Senator Ellis lifted the call on the Senate. Reconsideration of House Bills HB 294 Senator Elton gave notice of reconsideration on SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294(FIN) am S 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. 2008-04-12 Senate Journal Page 2918 The question to be reconsidered: "Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294(FIN) am S "An Act establishing the Alaska Marine Transportation Advisory Board and setting out its powers and duties; making conforming amendments; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CS SSHB 294(FIN) am S Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Absent: McGuire and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294(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 and the bill was referred to the Secretary for engrossment. HB 226 Senator Ellis gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 226(FIN) "An Act extending the termination of the state training and employment program; requiring a review of the program; 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. 226(FIN) "An Act extending the termination of the state training and employment program; requiring a review of the program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2008-04-12 Senate Journal Page 2919 SCS CSHB 226(FIN) Third Reading - On Reconsideration Effective Date 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, SENATE CS FOR CS FOR HOUSE BILL NO. 226(FIN) 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 and the bill was referred to the Secretary for engrossment. Senator Ellis called the Senate. The call was satisfied. Senator Ellis extended the call to the Capitol Building. Recess Senator Ellis moved and asked unanimous consent that the Senate stand in recess to 3:30 p.m. Without objection, the Senate recessed at 2:55 p.m. After Recess The Senate reconvened at 3:46 p.m. Citations Honoring - Patricia Ray Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken 2008-04-12 Senate Journal Page 2920 Honoring - Ayaprun Elitnaurvik Yup'ik Immersion Charter School Representative(s) Nelson Senator(s) Hoffman, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Honoring - Bethel Community Services Foundation Representative(s) Nelson Senator(s) Hoffman, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken th Honoring - Eagle River VFW Post 9785 ~ 50 Anniversary Representative(s) Fairclough, Stoltze Senator(s) Dyson, Huggins, Green, Bunde, Cowdery, Davis, Ellis, Elton, Hoffman, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Honoring - Mrs. Marian L. Nickelson Representative(s) Salmon Senator(s) Kookesh, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, McGuire, Olson, Stedman, 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 for the adoption of the first supplemental calendar. Without objection, the first supplemental calendar was adopted. Senator Ellis moved and asked unanimous consent to return to Standing Committee Reports. Without objection, the Senate returned to: Standing Committee Reports HB 44 The Finance Committee considered CS FOR HOUSE BILL NO. 44(FIN) "An Act relating to information from veterans on the permanent fund dividend application form." Signing do pass: Senator Hoffman, Cochair; Senators Elton, Thomas, Huggins. Signing no recommendation: Senator Stedman, Cochair; Senators Dyson, Olson. 2008-04-12 Senate Journal Page 2921 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Military and Veterans Affairs Fiscal Note No. 4, zero, House Finance Committee The bill is on today's first supplemental calendar. Consideration of the First Supplemental Calendar Second Reading of House Bills HB 44 CS FOR HOUSE BILL NO. 44(FIN) "An Act relating to information from veterans on the permanent fund dividend application form" 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. 44(FIN) was read the third time. Senators Wielechowski, Ellis, McGuire, Therriault, Thomas, Davis, Wilken moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 44(FIN) "An Act relating to information from veterans on the permanent fund dividend application form" pass the Senate?" The roll was taken with the following result: CSHB 44(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 HOUSE BILL NO. 44(FIN) passed the Senate. Senator Ellis gave notice of reconsideration (page 2932). 2008-04-12 Senate Journal Page 2922 HB 50 CS FOR HOUSE BILL NO. 50(JUD) "An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24(b), Alaska Rules of Civil Procedure; 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. 50(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 50(JUD) "An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24(b), Alaska Rules of Civil Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 50(JUD) Third Reading - Final Passage Effective Date Court Rule Changes 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 HOUSE BILL NO. 50(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. Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. Senator McGuire gave notice of reconsideration (page 2927). 2008-04-12 Senate Journal Page 2923 HB 88 CS FOR HOUSE BILL NO. 88(FIN) "An Act relating to televisions, monitors, portable computers, and similar devices in motor vehicles; relating to the definition of physical injury for the Alaska Uniform Vehicle Code; and providing for an effective date" was read the second time. Senator French, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2632. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD) 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. 88(JUD) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD) "An Act relating to televisions, monitors, portable computers, and similar devices in motor vehicles; relating to the definition of physical injury for the Alaska Uniform Vehicle Code; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 88(JUD) Third Reading - Final Passage Effective Date 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, SENATE CS FOR CS FOR HOUSE BILL NO. 88(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 referred to the Secretary for engrossment. 2008-04-12 Senate Journal Page 2924 HB 111 CS FOR HOUSE BILL NO. 111(FIN) "An Act decreasing the fee for a business license; relating to a civil fine for not having a current business license, to business license penalties under certain laws relating to financial institutions, occupational licensing, employment agencies, and taxation, and to the duration of certain business licenses; 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 2900. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 111(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. SENATE CS FOR CS FOR HOUSE BILL NO. 111(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 111(FIN) "An Act decreasing the fee for a business license; relating to a civil fine for not having a current business license, to business license penalties under certain laws relating to financial institutions, occupational licensing, employment agencies, and taxation, and to the duration of certain business licenses; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 111(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Therriault, Thomas, Wagoner, Wielechowski, Wilken Nays: Stedman, Stevens and so, SENATE CS FOR CS FOR HOUSE BILL NO. 111(FIN) passed the Senate. 2008-04-12 Senate Journal Page 2925 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 referred to the Secretary for engrossment. HB 314 CS FOR HOUSE BILL NO. 314(FIN) am "An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the cost of state transportation projects; 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 2844. Senator Therriault objected. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 314(FIN) am Second Reading Adopt Finance Senate Committee Substitute? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Therriault, Wagoner, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 314(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. SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) was read the third time. 2008-04-12 Senate Journal Page 2926 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) "An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the cost of state transportation projects; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 314(FIN) Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Therriault, Wagoner, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) 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. Senator Ellis restated the call on the Senate and clarified that the call was to the Senate chamber. Reconsideration of House Bills HB 314 Senator Hoffman gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 314(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 SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) "An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the cost of state transportation projects; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2008-04-12 Senate Journal Page 2927 SCS CSHB 314(FIN) Third Reading - On Reconsideration Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner, Wielechowski Nays: Bunde, Dyson, Therriault, Wilken Therriault changed from "Yea" to "Nay". Wilken changed from "Yea" to "Nay". Dyson changed from "Yea" to "Nay". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) 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 and the bill was referred to the Secretary for engrossment. HB 50 Senator McGuire gave notice of reconsideration on CS FOR HOUSE BILL NO. 50(JUD) 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 HOUSE BILL NO. 50(JUD) "An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24(b), Alaska Rules of Civil Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2008-04-12 Senate Journal Page 2928 CSHB 50(JUD) Third Reading - On Reconsideration Effective Date Court Rule Changes 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 HOUSE BILL NO. 50(JUD) 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 changes. 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 Bills HB 325 CS FOR HOUSE BILL NO. 325(FIN) "An Act relating to the teachers' and health care professionals' housing loan program in the Alaska Housing Finance Corporation; 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. 325(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 325(FIN) "An Act relating to the teachers' and health care professionals' housing loan program in the Alaska Housing Finance Corporation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2008-04-12 Senate Journal Page 2929 CSHB 325(FIN) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Nays: Green and so, CS FOR HOUSE BILL NO. 325(FIN) 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 clauses. Without objection, it was so ordered. Senator Ellis rose to a point of information, citing Mason's Manual section 121 (Breaches of the Order of the House). Reconsideration of House Bills HB 325 Senator Hoffman gave notice of reconsideration on CS FOR HOUSE BILL NO. 325(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 HOUSE BILL NO. 325(FIN) "An Act relating to the teachers' and health care professionals' housing loan program in the Alaska Housing Finance Corporation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 325(FIN) Third Reading - On Reconsideration Effective Dates YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Nays: Green 2008-04-12 Senate Journal Page 2930 and so, CS FOR HOUSE BILL NO. 325(FIN) 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 clauses. 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 Bills HB 332 CS FOR HOUSE BILL NO. 332(FIN)(title am) "An Act defining an elementary school to include certain pre-elementary programs and relating to counting pre-elementary students in a school's average daily membership" 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. 332(FIN)(title am) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 332(FIN)(title am) "An Act defining an elementary school to include certain pre- elementary programs and relating to counting pre-elementary students in a school's average daily membership" pass the Senate?" The roll was taken with the following result: CSHB 332(FIN)(title am) 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 HOUSE BILL NO. 332(FIN)(title am) passed the Senate, was signed by the President and Secretary and returned to the House. 2008-04-12 Senate Journal Page 2931 HB 344 HOUSE BILL NO. 344 "An Act relating to distribution of the Alaska Administrative Code and Alaska Administrative Register; 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. HOUSE BILL NO. 344 was read the third time. The question being: "Shall HOUSE BILL NO. 344 "An Act relating to distribution of the Alaska Administrative Code and Alaska Administrative Register; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 344 Third Reading - Final Passage Effective Date 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. 344 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. HB 366 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" was read the second time. 2008-04-12 Senate Journal Page 2932 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. HOUSE BILL NO. 366 am was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: HB 366 am Third Reading - Final Passage Effective Dates Court Rule Change 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. 366 am 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 clauses. 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 signed by the President and Secretary and returned to the House. Reconsideration of House Bills HB 44 Senator Ellis gave notice of reconsideration on CS FOR HOUSE BILL NO. 44(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. 2008-04-12 Senate Journal Page 2933 The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 44(FIN) "An Act relating to information from veterans on the permanent fund dividend application form" pass the Senate?" The roll was taken with the following result: CSHB 44(FIN) 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, CS FOR HOUSE BILL NO. 44(FIN) passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. Senator Ellis lifted the call. Recess Senator Ellis moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 4:43 p.m. The consideration of the Governor's appointments in Joint Session will be published in House and Senate Joint Journal Supplement No. 16. After Recess The Senate reconvened at 7:30 p.m. Consideration of the Calendar HB 289 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" which had been placed at the bottom of the calendar (page 2912), was before the Senate in second reading. 2008-04-12 Senate Journal Page 2934 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. 289(FSH) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 289(FSH) Third Reading - Final Passage Effective Date 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 HOUSE BILL NO. 289(FSH) 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. Senator Ellis moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, the Senate returned to: Messages from the House Concur Messages SB 196 Message dated April 12 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 196(FIN) am "An Act relating to establishing a controlled substance prescription database" with the following amendments: 2008-04-12 Senate Journal Page 2935 HOUSE CS FOR CS FOR SENATE BILL NO. 196(FIN) am H and with a Legislative Letter of Intent. Senator Ellis moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 196(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 196(FIN) am? YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner, Wilken Nays: Therriault, Wielechowski and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 196(FIN) am H "An Act relating to establishing a controlled substance prescription database." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment with a Legislative Letter of Intent. Unfinished Business Citations 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 - Senator John Cowdery Senators Green, Stevens, Davis, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Thomas, Wielechowski. 2008-04-12 Senate Journal Page 2936 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. Senator Wilken moved and asked unanimous consent to be excused from a call of the Senate from May 8 through May 13. Without objection, Senator Wilken was excused. Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from May 4 through May 8. Without objection, Senator Bunde was excused. HB 301 Senator Dyson moved and asked unanimous consent that HOUSE BILL NO. 301 "An Act relating to partial-birth abortions" be discharged from the Judiciary Committee. Objections were heard. President Green cautioned members to proceed in order. The question being: "Shall the bill be discharged from the Judiciary Committee?" The roll was taken with the following result: HB 301 Discharge the bill from committee? YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Dyson, Therriault, Wagoner, Wilken Nays: Cowdery, Davis, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski and so, the motion failed. HB 297 The reconsideration on 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" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. 2008-04-12 Senate Journal Page 2937 Announcements Announcements are at the end of the journal. Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Engrossment HB 88 SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD) "An Act relating to televisions, monitors, portable computers, and similar devices in motor vehicles; relating to the definition of physical injury for the Alaska Uniform Vehicle Code; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 111 SENATE CS FOR CS FOR HOUSE BILL NO. 111(FIN) "An Act decreasing the fee for a business license; relating to a civil fine for not having a current business license, to business license penalties under certain laws relating to financial institutions, occupational licensing, employment agencies, and taxation, and to the duration of certain business licenses; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 226 SENATE CS FOR CS FOR HOUSE BILL NO. 226(FIN) "An Act extending the termination of the state training and employment program; requiring a review of the program; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 294 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294(FIN) am S "An Act establishing the Alaska Marine Transportation Advisory Board and setting out its powers and duties; making conforming amendments; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2008-04-12 Senate Journal Page 2938 HB 314 SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) "An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the cost of state transportation projects; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. SCR 35 SENATE CONCURRENT RESOLUTION NO. 35 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 65, relating to breaches of security involving personal information, credit report and credit score security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings; and amending Rules 60 and 82, Alaska Rules of Civil Procedure, 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 13, 2008. Without objection, the Senate adjourned at 7:51 p.m. Kirsten Waid Secretary of the Senate 2008-04-12 Senate Journal Page 2939 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 12 Saturday Senate Finance 532 9:00 AM + HB 111 BUSINESS LICENSE FEE HJR 2 CONST.AM:NO GAMING WITHOUT VOTER APPROVAL Uniform Rule 23 Waived + Bills Previously Heard/Scheduled = HB 44 VETERAN INFO ON PFD APPLICATIONS Apr 13 Sunday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- OTHER MEETINGS JOINT SESSION Apr 12 Saturday House Chamber 6:00 PM Confirmation of Governor's Appointees