Legislature(2007 - 2008)
2008-04-13 Senate Journal
Full Journal pdf2008-04-13 Senate Journal Page 2941 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE SECOND SESSION Juneau, Alaska Sunday April 13, 2008 Ninetieth Day Pursuant to adjournment the Senate was called to order by President Green at 11:24 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Don Burrell. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. It's So Hard to Say Goodbye to Yesterday (Condensed) How do I say goodbye to what we had? The good times that made us laugh Outweigh the bad. I thought we'd get to see forever But forever's gone away It's so hard to say goodbye to yesterday. If we get to see tomorrow I hope it's worth all the wait It's so hard to say goodbye to yesterday. Senator Stedman led the Senate in the Pledge of Allegiance. 2008-04-13 Senate Journal Page 2942 Messages from the House SB 196 Message dated April 13 was received, stating the House transmitted the engrossed original and committee copies of: HOUSE CS FOR CS FOR SENATE BILL NO. 196(FIN) am H "An Act relating to establishing a controlled substance prescription database." (Engrossment was waived on April 12, 2008, pursuant to Uniform Rule 43(b).) HCR 13 Message dated April 12 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE CONCURRENT RESOLUTION NO. 13(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 13(FIN) am S Establishing and relating to the Education Funding District Cost Factor Commission. HJR 24 Message dated April 12 was received, stating the House concurred in the Senate amendment to HOUSE JOINT RESOLUTION NO. 24 am, thus adopting: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 24(L&C) Opposing any law that would establish a federal insurance regulatory system. HB 2 Message dated April 12 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 2 "An Act relating to the vocational education account and appropriations from that account; and providing for an effective date" thus adopting: 2008-04-13 Senate Journal Page 2943 SENATE CS FOR HOUSE BILL NO. 2(FIN) "An Act relating to unemployment contributions for the Alaska technical and vocational education program and to the allocation of money appropriated to the Alaska Workforce Investment Board; relating to the vocational education account and appropriations from that account; and providing for an effective date." (Title Change SCR 34) HB 65 Message dated April 12 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 65(FIN) "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, 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" thus adopting: 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." (Title Change SCR 35) HB 88 Message dated April 13 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 88(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD) "An Act relating to televisions, monitors, portable computers, and similar devices in motor 2008-04-13 Senate Journal Page 2944 vehicles; relating to the definition of physical injury for the Alaska Uniform Vehicle Code; and providing for an effective date." HB 111 Message dated April 13 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 111(FIN), thus adopting: 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." HB 226 Message dated April 12 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 226(FIN), thus adopting: 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." HB 294 Message dated April 12 was received, stating the House concurred in the Senate amendments to CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 294(TRA) am, thus adopting: 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." 2008-04-13 Senate Journal Page 2945 HB 314 Message dated April 13 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 314(FIN) am, thus adopting: 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." SCR 21 Message dated April 12 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 21 Establishing the Cook Inlet Salmon Task Force as a joint legislative task force. The resolution was referred to the Secretary for enrollment. SCR 34 Message dated April 12 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 34 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 2, relating to the vocational education account and appropriations from that account. The resolution was referred to the Secretary for enrollment. SCR 35 Message dated April 12 was received, stating the House passed and returned: 2008-04-13 Senate Journal Page 2946 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. The resolution was referred to the Secretary for enrollment. SB 8 Message dated April 13 was received, stating the House passed and returned: 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." The bill was referred to the Secretary for enrollment. SB 259 Message dated April 12 was received, stating the House passed and returned: SENATE BILL NO. 259 "An Act repealing certain provisions relating to applications for medical assistance coverage; making certain provisions of ch. 96, SLA 2006, retroactive; providing for an effective date by repealing an effective date section in ch. 96, SLA 2006; providing for an effective date for certain sections of ch. 96, SLA 2006; and providing for an effective date." The bill was referred to the Secretary for enrollment. 2008-04-13 Senate Journal Page 2947 SB 289 Message dated April 12 was received, stating the House passed and returned: SENATE BILL NO. 289 "An Act relating to home energy conservation and weatherization for purposes of certain programs of the Alaska Housing and Finance Corporation." The bill was referred to the Secretary for enrollment. SB 306 Message dated April 13 was received, stating the House passed and returned: SENATE BILL NO. 306 "An Act relating to the adoption of conservation, development, and utilization regulations by the Board of Game to address concerns relating to public assets." The bill was referred to the Secretary for enrollment. Message dated April 13 was received, stating the House passed and transmitted for consideration: HCR 30 HOUSE CONCURRENT RESOLUTION NO. 30 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. 254, extending the termination date of the Alaska regional economic assistance program. Concur Messages SB 221 Message dated April 12 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 221(FIN) am "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and appropriations to capitalize funds; and providing for an effective date" with the following amendments: 2008-04-13 Senate Journal Page 2948 HOUSE CS FOR CS FOR SENATE BILL NO. 221(FIN) am H "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and appropriations to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) Engrossment was waived in accordance with Uniform Rule 43(b). Certified amendments were attached. 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 221(FIN) am H Shall the Senate Concur in the House Amendment to CSSB 221(FIN) am? 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 and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 221(FIN) am H "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, and appropriations to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." 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. 2008-04-13 Senate Journal Page 2949 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: HCS CSSB 221(FIN) am H 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 and so, the constitutional budget reserve fund section was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 254 Message dated April 13 was read, stating the House passed and returned for consideration SENATE BILL NO. 254 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date" with the following amendments: HOUSE CS FOR SENATE BILL NO. 254(FIN)(efd am H) "An Act extending the termination date of the Alaska regional economic assistance program; extending the termination date for the authority of the Commercial Fisheries Entry Commission to maintain a vessel-based limited entry fisheries system for the weathervane scallop and Bering Sea hair crab fisheries; providing for an effective date by amending the effective date under sec. 28, ch. 137, SLA 2002; and providing for an effective date." (Title Change HCR 30) 2008-04-13 Senate Journal Page 2950 Senator Ellis moved that the Senate concur in the House amendments. Senator Stevens moved that the Senate refer the concur message to the Rules Committee, then withdrew his motion. There being objection, the motion was withdrawn. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS SB 254(FIN)(efd am H) Shall the Senate Concur in the House Amendments to SB 254? Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski Nays: Stevens, Wilken and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR SENATE BILL NO. 254(FIN)(efd am H) "An Act extending the termination date of the Alaska regional economic assistance program; extending the termination date for the authority of the Commercial Fisheries Entry Commission to maintain a vessel- based limited entry fisheries system for the weathervane scallop and Bering Sea hair crab fisheries; providing for an effective date by amending the effective date under sec. 28, ch. 137, SLA 2002; and providing for an effective date." 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. 2008-04-13 Senate Journal Page 2951 HCR 30 Senator Ellis moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 254, extending the termination date of the Alaska regional economic assistance program, which had been transmitted to the Senate for consideration (page 2947). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 254, extending the termination date of the Alaska regional economic assistance program, pass the Senate?" The roll was taken with the following result: HCR 30 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, Therriault, Thomas, Wagoner, Wielechowski Nays: Stevens, Wilken and so, HOUSE CONCURRENT RESOLUTION NO. 30 passed the Senate, was signed by the President and Secretary and returned to the House. Consideration of the Calendar Citations Honoring - The Senate Secretary, Senate Secretary's Assistants, Senate Records Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken 2008-04-13 Senate Journal Page 2952 Honoring - Senate Sergeant-at-Arms, Senate Assistant Sergeant-at- Arms, Senate Pages Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Honoring - Legislative Lounge Staff Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Representative(s) Coghill In Memoriam - John Patrick Shields Representative(s) Seaton Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Therriault, Thomas, Wagoner, Wielechowski, Wilken Senator Ellis moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Ellis moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Lieutenant General Douglas M. Fraser Senator(s) Wielechowski, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wilken Representative(s) Dahlstrom In Memoriam - Sigrid Enatti Karabelnikoff Senator(s) Wielechowski, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wilken Representative(s) Doogan 2008-04-13 Senate Journal Page 2953 Senator Ellis moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Ellis moved and asked unanimous consent that the following Citation Calendar be made a special order of business. Without objection, it was so ordered. Citation Calendar Honoring - Kelsie Ealy 2008 Alaska Youth of the Year Finalist Senator(s) Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Honoring - Farthest North Girl Scouts Council 2008 Fairbanks Women of Distinction Representative(s) Kawasaki, Guttenberg Senator(s) Wilken, Thomas, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Wagoner, Wielechowski Honoring - The Mecca Bar Representative(s) Kawasaki Senator(s) Wilken, Green, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski th Honoring -Andrew and Verda Miscovich 50 Wedding Anniversary Representative(s) Kawasaki Senator(s) Thomas, Wilken, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Wagoner, Wielechowski Honoring - Jerry Cleworth Representative(s) Kawasaki Senator(s) Wilken, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski 2008-04-13 Senate Journal Page 2954 Honoring - The Alaska Goldpanners of Fairbanks 49 Season Representative(s) Kawasaki Senator(s) Wilken, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski Honoring - Richard Winther and the Alaska Salmon Bake Representative(s) Kawasaki Senator(s) Wilken, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski th Honoring - The American Legion Department of Alaska 89 Annual State Convention Representative(s) Kawasaki, Guttenberg Senator(s) Wilken, Thomas, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Wagoner, Wielechowski In Memoriam - Eve Merle Oates Cottle Senator(s) Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Jennifer Wilcox Van Ausdal Senator(s) Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken In Memoriam - Sandra Stringer Representative(s) Kawasaki, Guttenberg Senator(s) Wilken, Thomas, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Wagoner, Wielechowski Senator Ellis moved and asked unanimous consent that the Citation Calendar be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2008-04-13 Senate Journal Page 2955 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 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" which passed the Senate April 12 (page 2904) with engrossment waived, was engrossed and transmitted to the House. Adjournment Senator McGuire moved and asked unanimous consent that the Twenty-fifth Alaska Senate adjourn sine die. Without objection, the Senate adjourned at 12:55 p.m. Kirsten Waid Secretary of the Senate 2008-04-13 Senate Journal Page 2956 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 13 Sunday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled