Legislature(2007 - 2008)

2008-07-09 Senate Journal

Full Journal pdf

2008-07-09                     Senate Journal                      Page 3131
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-FIFTH LEGISLATURE                                                                          
                                                                                                                                
                            FOURTH SPECIAL SESSION                                                                           
                                                                                                                                
Juneau, Alaska                   Wednesday                       July 9, 2008                                                 
                                                                                                                                
                                  First Day                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Green at 11:06 a.m.                                                                                                             
                                                                                                                                
The roll showed eighteen members present. Senators Davis, Wagoner                                                               
were absent.                                                                                                                    
                                                                                                                                
Senator Ellis moved and asked unanimous consent that Senator Davis                                                              
be excused from a call of the Senate today. Without objection, Senator                                                          
Davis was excused.                                                                                                              
                                                                                                                                
The prayer was offered by the Chaplain, David Dierdorff of the Juneau                                                           
Unitarian Universalist Fellowship. Senator Hoffman moved and asked                                                              
unanimous consent that the prayer be spread. Without objection, it was                                                          
so ordered.                                                                                                                     
                                                                                                                                
          Spirit of life, great unknowable God of many names,                                                                   
          this morning we return to this building hallowed by                                                                   
          generations of thoughtful decision making.                                                                            
                                                                                                                                
          The problems of today too often seem too large and                                                                    
          too complex for solution. Individually we sometimes                                                                   
          feel too small and too weak to make a difference. But                                                                 
          collectively, we can do great things in the knowledge                                                                 
          that the goodness within us, nurtured over our lives                                                                  
          by our elders and our spiritual mentors, can temper                                                                   
          and overcome the petty obstacles to progress as we                                                                    
          do our work.                                                                                                          
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3132
          May this gathering of decision makers be enlightened                                                                  
          by reason, moved by concern, and come with open                                                                       
          minds and warm hearts and always be mindful of all                                                                    
       we know is good. So be it.                                 Amen.                                                        
                                                                                                                                
Senator Stevens led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the journals for                                                           
the eighth through thirtieth legislative days of the Third Special                                                              
Session be approved as certified by the Secretary. Without objection, it                                                        
was so ordered.                                                                                                                 
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
HCR 24                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          HOUSE CONCURRENT RESOLUTION NO. 24                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning Senate Bill No. 72, relating to the                                                                        
          community revenue sharing program.                                                                                    
                                                                                                                                
                          Legislative Resolve No. 31                                                                           
                                                                                                                                
SCR 15                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          CS FOR SENATE CONCURRENT RESOLUTION                                                                                   
          NO. 15(SED) Proposing amendments to the Uniform                                                                       
          Rules of the Alaska State Legislature relating to                                                                     
          standing committees.                                                                                                  
                                                                                                                                
                          Legislative Resolve No. 35                                                                           
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3133
SCR 18                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
                       SENATE CONCURRENT RESOLUTION NO.                                                                        
               18 am Awarding the Alaska Decoration of Honor to                                                                
          certain members of the military.                                                                                      
                                                                                                                                
                          Legislative Resolve No. 36                                                                           
                                                                                                                                
HCR 25                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
                      HOUSE CONCURRENT RESOLUTION NO. 25                                                                       
              Relating to proclaiming April of 2008 to be Sexual                                                               
          Assault Awareness Month.                                                                                              
                                                                                                                                
                          Legislative Resolve No. 37                                                                           
                                                                                                                                
SCR 14                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
                     SENATE CONCURRENT RESOLUTION NO. 14                                                                       
             Proclaiming February 4 - 10, 2008, as Perianesthesia                                                              
          Nurses Week.                                                                                                          
                                                                                                                                
                          Legislative Resolve No. 41                                                                           
                                                                                                                                
SCR 20                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3134
       SENATE CONCURRENT RESOLUTION NO. 20                                                                                      
       Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform                                                                    
       Rules of the Alaska State Legislature, concerning                                                                        
       House Bill No. 13, relating to prepayments of accrued                                                                    
       actuarial liabilities of government retirement systems;                                                                  
       relating to the Alaska Municipal Bond Bank Authority;                                                                    
       permitting the Alaska Municipal Bond Bank Authority                                                                      
       or a subsidiary of the authority to assist state and                                                                     
       municipal governmental employers by issuing bonds,                                                                       
       notes, commercial paper, or other obligations to enable                                                                  
       the governmental employers to prepay all or a portion                                                                    
       of the governmental employers' shares of the unfunded                                                                    
       accrued actuarial liabilities of retirement systems;                                                                     
       authorizing a governmental employer to issue                                                                             
       obligations to prepay all or a portion of the                                                                            
       governmental employer's shares of the unfunded                                                                           
       accrued actuarial liabilities of retirement systems and to                                                               
       enter into a lease or other contractual agreement with a                                                                 
       trustee or the Alaska Municipal Bond Bank Authority                                                                      
       or a subsidiary of the authority in connection with the                                                                  
       issuance of obligations for that purpose, and relating to                                                                
       those obligations; and providing for an effective date.                                                                  
                                                                                                                                
                          Legislative Resolve No. 42                                                                           
                                                                                                                                
HCR 27                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          HOUSE CONCURRENT RESOLUTION NO. 27                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning Senate Bill No. 214, relating to hunting                                                                   
          licenses and tags for nonresident members of the                                                                      
          military service or the United States Coast Guard and                                                                 
          their dependents.                                                                                                     
                                                                                                                                
                          Legislative Resolve No. 43                                                                           
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3135
SCR 22                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          SENATE CONCURRENT RESOLUTION NO. 22                                                                                   
          Urging the governor to expand the subjects to be                                                                      
          addressed during the Third Special Session of the                                                                     
          Twenty-Fifth Alaska State Legislature to include an                                                                   
          in-state natural gas pipeline for the transport of                                                                    
          natural gas produced on the North Slope and to                                                                        
          develop a plan for the economical distribution of that                                                                
          natural gas to communities throughout the state.                                                                      
                                                                                                                                
                          Legislative Resolve No. 45                                                                           
                                                                                                                                
HCR 28                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          HOUSE CONCURRENT RESOLUTION NO. 28                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning Senate Bill No. 211, relating to an                                                                        
          aggravating factor at sentencing for crimes directed at                                                               
          a victim because of the victim's homelessness.                                                                        
                                                                                                                                
                          Legislative Resolve No. 46                                                                           
                                                                                                                                
SCR 26                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          SENATE CONCURRENT RESOLUTION NO. 26                                                                                   
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning House Bill No. 165, relating to providing                                                                  
          field accommodations for big game hunters.                                                                            
                                                                                                                                
                          Legislative Resolve No. 47                                                                           

2008-07-09                     Senate Journal                      Page 3136
SCR 21                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          SENATE CONCURRENT RESOLUTION NO. 21                                                                                   
          Establishing the Cook Inlet Salmon Task Force as a                                                                    
          joint legislative task force.                                                                                         
                                                                                                                                
                          Legislative Resolve No. 51                                                                           
                                                                                                                                
SCR 23                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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.                                                                                                             
                                                                                                                                
                          Legislative Resolve No. 52                                                                           
                                                                                                                                
SCR 27                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          SENATE CONCURRENT RESOLUTION NO. 27                                                                                   
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          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.                                                                            
                                                                                                                                
                          Legislative Resolve No. 53                                                                           

2008-07-09                     Senate Journal                      Page 3137
SCR 28                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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.                                                                           
                                                                                                                                
                          Legislative Resolve No. 54                                                                           
SCR 29                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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.                                                                                                        
                                                                                                                                
                          Legislative Resolve No. 55                                                                           
                                                                                                                                
SCR 30                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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                                                                       

2008-07-09                     Senate Journal                      Page 3138
          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.                                                                                               
                                                                                                                                
                          Legislative Resolve No. 56                                                                           
                                                                                                                                
SCR 31                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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.                                                                                                 
                                                                                                                                
                          Legislative Resolve No. 57                                                                           
                                                                                                                                
SCR 32                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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.                                                                   
                                                                                                                                
                          Legislative Resolve No. 58                                                                           
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3139
SCR 33                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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.                                                                                           
                                                                                                                                
                          Legislative Resolve No. 59                                                                           
                                                                                                                                
SCR 34                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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.                                                                                                         
                                                                                                                                
                          Legislative Resolve No. 60                                                                           
                                                                                                                                
SCR 35                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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                                                                

2008-07-09                     Senate Journal                      Page 3140
          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.                                                                                             
                                                                                                                                
                          Legislative Resolve No. 61                                                                           
                                                                                                                                
HCR 13                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          SCS FOR CS FOR HOUSE CONCURRENT                                                                                       
          RESOLUTION NO. 13(FIN) am S Establishing and                                                                          
          relating to the Education Funding District Cost Factor                                                                
          Commission.                                                                                                           
                                                                                                                                
                          Legislative Resolve No. 62                                                                           
                                                                                                                                
HCR 30                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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.                                                                                                   
                                                                                                                                
                          Legislative Resolve No. 63                                                                           
                                                                                                                                
HCR 31                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3141
       HOUSE CONCURRENT RESOLUTION NO. 31                                                                                       
       Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform                                                                    
       Rules of the Alaska State Legislature, concerning                                                                        
       Senate Bill No. 185, relating to the central registry of                                                                 
       sex offenders and child kidnappers and to the                                                                            
       registration requirements for sex offenders and child                                                                    
       kidnappers.                                                                                                              
                                                                                                                                
                          Legislative Resolve No. 64                                                                           
                                                                                                                                
HCR 32                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
       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.                                                                                                         
                                                                                                                                
                          Legislative Resolve No. 65                                                                           
                                                                                                                                
HCR 33                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
       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.                                                                     
                                                                                                                                
                          Legislative Resolve No. 66                                                                           

2008-07-09                     Senate Journal                      Page 3142
HCR 34                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          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.                                                                                                      
                                                                                                                                
                          Legislative Resolve No. 67                                                                           
                                                                                                                                
HJR 41                                                                                                                        
Message dated June 4 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          CS FOR HOUSE JOINT RESOLUTION NO.                                                                                     
          41(RLS) Urging the United States Congress to repeal                                                                   
          sec. 511 of P.L. 109-222 (Tax Increase Prevention                                                                     
          and Reconciliation Act of 2005).                                                                                      
                                                                                                                                
                          Legislative Resolve No. 71                                                                           
                                                                                                                                
SR 8                                                                                                                          
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
          SENATE RESOLUTION NO. 8 Supporting the                                                                                
          Kensington Gold Mine project; and commending the                                                                      
          United States Forest Service for its environmental                                                                    
          change analysis.                                                                                                      
                                                                                                                                
                             Senate Resolve No. 7                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3143
SR 301                                                                                                                        
Message dated July 1 was received stating the Governor read the                                                                 
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
                    SENATE RESOLUTION NO. 301 Relating to                                                                      
          establishing a Senate Special Committee on Energy.                                                                    
                                                                                                                                
                             Senate Resolve No. 8                                                                              
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Message dated July 3 was read, stating:                                                                                         
                                                                                                                                
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-fifth Alaska Legislature at 12:30 p.m. on                                                                 
Friday, July 11, 2008 for the purpose of hearing remarks from U.S.                                                              
Senator Ted Stevens.                                                                                                            
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
accept the House invitation to meet in Joint Session. Without                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 4001                                                                                                                       
SENATE BILL NO. 4001 BY THE SENATE RULES COMMITTEE                                                                              
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act making supplemental appropriations, capital                                                                   
          appropriations, reappropriations, and other                                                                           
          appropriations; making appropriations to capitalize a                                                                 
          fund; and providing for an effective date."                                                                           
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
Governor's transmittal letter dated July 8:                                                                                     
                                                                                                                                
Dear President Green:                                                                                                           
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3144
Today I am transmitting to you the appropriation bill referenced in the                                                         
call for the second special session for the Alaska Gasline Inducement                                                           
Act (AGIA). Legislative approval of the AGIA licensee will require                                                              
funds for the inducement, implementation costs, job training for                                                                
Alaskans, in-state gas use, and the infrastructure necessary for gas                                                            
pipeline construction.                                                                                                          
                                                                                                                                
The appropriation bill totals nearly $377 million and includes the                                                              
following:                                                                                                                      
                                                                                                                                
     · $164.0 million to fully capitalize the $500 million AGIA                                                                 
          reimbursement fund when combined with reappropriation of                                                              
          the $300 million, plus an estimated $36 million in interest,                                                          
          from the Alaska Housing Finance Corporation into the AGIA                                                             
          reimbursement fund;                                                                                                   
     · $31.0 million for planning and design of necessary                                                                       
          improvements to the Dalton, Elliott, Richardson, Alaska, and                                                          
          Haines Highways;                                                                                                      
     · $75.4 million for Dalton Highway reconstruction;                                                                         
     · $23.5 million for Haines Highway reconstruction, realignment                                                             
          and Chilkat River Bridge replacement;                                                                                 
     · $42.7 million for workforce development activities;                                                                      
     · $25.0 million for the Alaska Natural Gas Development                                                                     
          Authority for in-state gas use; and                                                                                   
     · $15.0 million to the Department of Natural Resources for gas                                                             
          pipeline implementation.                                                                                              
                                                                                                                                
Project specific back-up is posted on the Office of Management and                                                              
Budget's website and will be provided to the Finance Committee co-                                                              
chairs.                                                                                                                         
                                                                                                                                
I look forward to a successful special session that results in securing                                                         
Alaska's economic future through building a natural gas pipeline.                                                               
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor                                                                                                                        
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3145
SB 4002                                                                                                                       
SENATE BILL NO. 4002 BY THE SENATE RULES COMMITTEE                                                                              
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
               "An Act establishing the Alaska resource rebate                                                                 
              program and relating to the program; and providing                                                               
          for an effective date."                                                                                               
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Administration                                                                          
 Fiscal Note No. 2, Department of Health and Social Services                                                                    
 Fiscal Note No. 3, Department of Revenue                                                                                       
                                                                                                                                
Governor's transmittal letter dated July 8:                                                                                     
                                                                                                                                
Dear President Green:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill that proposes a special one-time "resource rebate"                                                          
payment in the amount of $1,200 to Alaskans.                                                                                    
                                                                                                                                
As fiscal year 2008 ended June 30th, the state found itself in unique                                                           
financial circumstances. Increased revenue flowing to the state from                                                            
taxes assured Alaskans a significant surplus. Billions of dollars have                                                          
been appropriated to savings accounts and funding priorities like                                                               
education and municipal revenue sharing have been met.                                                                          
                                                                                                                                
The special one-time payment in the amount of $1,200 proposed under                                                             
this bill would allow Alaskans, as the owners of the resources, to                                                              
decide how to spend a portion of excess revenue from those resources.                                                           
This may include addressing the higher energy costs they are                                                                    
experiencing, whether by off-setting fuel purchases or making                                                                   
improvements to increase energy efficiency.                                                                                     
                                                                                                                                
My hope is payments to Alaskans could start being mailed in the form                                                            
of checks as soon as September, 2008.                                                                                           
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3146
I would also note that work continues on a statewide plan to reduce                                                             
energy costs, promote energy conservation, and secure long term                                                                 
energy supply solutions for each region of the state. The results are                                                           
expected by the end of the year and I look forward to working with                                                              
you on these issues.                                                                                                            
                                                                                                                                
I urge your prompt and favorable action on the bill.                                                                            
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor                                                                                                                        
                                                                                                                                
SB 4003                                                                                                                       
SENATE BILL NO. 4003 BY THE SENATE RULES COMMITTEE                                                                              
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act making supplemental appropriations to the                                                                     
          Alaska Energy Authority for power cost equalization;                                                                  
          making special appropriations to the Department of                                                                    
          Revenue and to the Department of Health and Social                                                                    
          Services for the Alaska resource rebate program;                                                                      
          making a special appropriation to the Department of                                                                   
          Revenue for the payment of certain shared taxes                                                                       
          relating to aviation fuel; and providing for an                                                                       
          effective date."                                                                                                      
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
Governor's transmittal letter dated July 8:                                                                                     
                                                                                                                                
Dear President Green:                                                                                                           
                                                                                                                                
I am transmitting to you a bill designed to provide Alaskans with a                                                             
one-time resource rebate and relief from high energy costs. The                                                                 
appropriation bill totals nearly $821 million and includes the                                                                  
following:                                                                                                                      
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3147
     · $800 million for a one-time payment to eligible individuals                                                              
          through the Alaska Resource Rebate Program and associated                                                             
          administrative costs. These payments represent a distribution                                                         
          of Alaska's resource wealth to the owners of the resources;                                                           
     · $10.7 million to hold harmless an individual from losing                                                                 
          public assistance payments or veterans' benefits as a result of                                                       
          the resource rebate program;                                                                                          
     · $9.6 million in power cost equalization funds to cover the                                                               
          shortfall in funding for FY2008 and FY2009 due to increased                                                           
          energy costs; and                                                                                                     
     · the amount necessary, estimated at $150,000, to hold harmless                                                            
          municipal-owned airports for the loss of shared taxes due to                                                          
          the suspension of the aviation fuel tax.                                                                              
                                                                                                                                
Information on these specific requests will be posted on the Office of                                                          
Management and Budget's website and will be transmitted to the                                                                  
Finance Committee co-chairs.                                                                                                    
                                                                                                                                
I look forward to a successful special session that results in helping                                                          
Alaskans with the high cost of energy.                                                                                          
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor                                                                                                                        
                                                                                                                                
SB 4004                                                                                                                       
SENATE BILL NO. 4004 BY THE SENATE RULES COMMITTEE                                                                              
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
             "An Act suspending the motor fuel tax; and providing                                                              
          for an effective date."                                                                                               
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, Department of Revenue                                                                                       
                                                                                                                                
Governor's transmittal letter dated July 8:                                                                                     
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3148
Dear President Green:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill that would provide a one-year suspension of the                                                             
state motor fuel tax. The tax applies to gasoline, aviation gasoline,                                                           
aviation ("jet") fuel, and marine motor fuel.                                                                                   
                                                                                                                                
Alaskans face some of the highest fuel prices in the nation.  These                                                             
high prices affect passenger travel and the cost of just about                                                                  
everything we use or consume. Alaskans are particularly vulnerable to                                                           
high fuel costs.                                                                                                                
                                                                                                                                
Most goods have to be shipped very long distances to get to store                                                               
shelves in Alaska. Each year, hundreds of thousands of containers                                                               
carrying items Alaskans use every day have to be shipped by sea or                                                              
truck 2,000 miles or more just to reach our population center in                                                                
Anchorage. From there, goods must be shipped again to the many                                                                  
Alaska communities (roughly 82 percent) that can only be reached by                                                             
air transportation. The reverse situation is also true as containers                                                            
carrying Alaska's exports and seafood are shipped south or overseas.                                                            
                                                                                                                                
This movement of goods over long distances consumes large amounts                                                               
of fuel and subjects Alaskans to a heavy impact from fuel price                                                                 
increases.                                                                                                                      
                                                                                                                                
Similarly, as aviation gas and jet fuel prices rise, air carriers are forced                                                    
to increase prices for passenger service. This hinders the ability of                                                           
Alaskans to move between our remote communities and urban areas.                                                                
                                                                                                                                
Suspending the motor fuel tax is a step towards providing some relief                                                           
to Alaskans and the Alaska economy. Some examples of benefits are:                                                              
                                                                                                                                
     · An Alaska fisherman putting around 2,000 hours a year on his                                                             
          engine and generator and using about 11 gallons per hour                                                              
          would save about $1,200.                                                                                              
     · A regional air carrier using 3,500,000 gallons of aviation                                                               
          gasoline a year would save roughly $164,500.                                                                          
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3149
It is important to note that while suspending the motor fuel tax will                                                           
provide a temporary reduction in the cost of motor fuel, we still need                                                          
to work together to seek additional solutions to the energy cost issues                                                         
facing us.                                                                                                                      
                                                                                                                                
I urge your prompt and favorable action on the bill.                                                                            
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor                                                                                                                        
                                                                                                                                
                                                                                                                                
                          Special Order of Business                                                                          
                                                                                                                                
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 - Kodiak High Girls Softball Team, 2008 State Small                                                                    
Schools Softball Champions                                                                                                      
Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                 
Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman,                                                                      
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
Representative(s) LeDoux                                                                                                        
                                                                                                                                
Honoring - Anchorage Neighborhood Health Center - Dr. Tom Hunt                                                                  
and Entire Medical and Dental Staff Health Care Heroes                                                                          
Senator(s) Ellis, Green, Bunde, Cowdery, Davis, Dyson, Elton,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
Representative(s) Gara                                                                                                          
                                                                                                                                
Honoring - Anchorage Neighborhood Health Center Joan Fisher and                                                                 
the Entire Staff - Health Care Heroes                                                                                           
Senator(s) Ellis, Green, Bunde, Cowdery, Davis, Dyson, Elton,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
Representative(s) Gara                                                                                                          
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3150
Honoring - Point Hope Volunteer Search & Rescue                                                                                 
Representative(s) Joule                                                                                                         
Senator(s) Olson, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                                            
Hoffman, Huggins, Kookesh, McGuire, Stedman, Stevens, Therriault,                                                               
Thomas, Wagoner, Wielechowski, Wilken                                                                                           
                                                                                                                                
Honoring - Juneau-Douglas High School Girls Softball Team 2008                                                                  
State Champions                                                                                                                 
Representative(s) Doll, Kerttula                                                                                                
Senator(s) Elton, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
Honoring - Juneau-Douglas High School Baseball Team 2008 State                                                                  
Champions                                                                                                                       
Representative(s) Doll, Kerttula                                                                                                
Senator(s) Elton, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
In Memoriam - Roger J. Menadelook, Jr.                                                                                          
Senator(s) Olson, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                                            
Hoffman, Huggins, Kookesh, McGuire, Stedman, Stevens, Therriault,                                                               
Thomas, Wagoner, Wielechowski, Wilken                                                                                           
Representative(s) Foster                                                                                                        
                                                                                                                                
In Memoriam - Donald Anthony "Tony" Chatto                                                                                      
Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                 
Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman,                                                                      
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
Representative(s) LeDoux                                                                                                        
                                                                                                                                
In Memoriam - Louis B. Schilling                                                                                                
Senator(s) Wagoner, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                 
Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman,                                                                      
Stevens, Therriault, Thomas, Wielechowski, Wilken                                                                               
Representative(s) Chenault                                                                                                      
                                                                                                                                
In Memoriam - Gail Caroline Osborn Steen                                                                                        
Senator(s) Kookesh, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                 
Elton, Hoffman, Huggins, McGuire, Olson, Stedman, Stevens,                                                                      
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
Representative(s) Thomas                                                                                                        
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3151
In Memoriam - Glen D. Franklin                                                                                                  
Representative(s) Kelly                                                                                                         
Senator(s) Thomas, French, Green, Bunde, Cowdery, Davis, Dyson,                                                                 
Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman,                                                               
Stevens, Therriault, 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.                                                                                                  
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Kookesh moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from morning plane time, July 11 through                                                              
evening plane time, July 11. Without objection, Senator Kookesh was                                                             
excused.                                                                                                                        
                                                                                                                                
Senator Dyson moved and asked unanimous consent to be excused                                                                   
from a call of the Senate from July 16 through July 21. Without                                                                 
objection, Senator Dyson was excused.                                                                                           
                                                                                                                                
Senator McGuire moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from evening plane time, July 15 through                                                              
morning plane time, July 20. Without objection, Senator McGuire was                                                             
excused.                                                                                                                        
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
stand in adjournment until 12:15 p.m., July 11, 2008. Without                                                                   
objection, the Senate adjourned at 11:24 a.m.                                                                                   
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3152
                                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.                                                                                 
                                                                                                                                
                                                                                                                                
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                              SPECIAL COMMITTEES                                                                             
                                                                                                                                
                                                                                                                                
                      SENATE SPECIAL COMMITTEE ON ENERGY                                                                     
                                                                                                                                
                                                                                                                                
Jul 09        Wednesday                  Terry Miller Gym             1:30 PM                                                 
= SB3001 APPROVING AGIA LICENSE                                                                                                 
              Joint w/(H) Rules                                                                                                 
              House Special Subcommittee on AGIA                                                                                
              1:30-4:30pm In-State Gas                                                                                          
              Participants: ANGDA, AGPA, Enstar, Steve Porter, Tony                                                             
              Palmer, Dan Dickinson, Pat Galvin                                                                                 
              6-8pm Presentation: Point Thomson                                                                                 
              Participant: Steve Porter                                                                                         
                                                                                                                                
                                                                                                                                
Jul 10        Thursday                   Terry Miller Gym             8:00 AM                                                 
= SB3001 APPROVING AGIA LICENSE                                                                                                 
              Joint w/(H) Rls                                                                                                   
              House Special Subcommittee on AGIA                                                                                
              8-10am  Denali Project Presentation                                                                               
              10:30am-12pm TransCanada Workforce Issues                                                                         
              1:45-2:45pm TransCanada                                                                                           
              3-5pm ExxonMobil Presentation                                                                                     
              6:30-8pm CBI MEDIATION GROUP                                                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3153
                SENATE SPECIAL COMMITTEE ON ENERGY (continued)                                                               
                                                                                                                                
Jul 11        Friday                     Terry Miller Gym             9:00 AM                                                 
= SB3001 APPROVING AGIA LICENSE                                                                                                 
              Joint w/(H) Rules                                                                                                 
              House Special Subcommittee on AGIA                                                                                
              9am-12pm Economic Issues                                                                                          
              Participants: Shippers (ExxonMobil, BP,                                                                           
              ConocoPhillips, Chevron)                                                                                          
              Steve Porter, Dan Dickinson,                                                                                      
              Cathy Foerster (AOGCC), Tony Palmer (Adm)                                                                         
              12pm-1:45pm Hearing Recesses To Pending                                                                           
              Joint Floor Session                                                                                               
              1:45-5pm Hearing Continues                                                                                        
              5-6pm Meeting Recesses                                                                                            
              6pm-8pm Analysis of Presentations                                                                                 
              Participant: Steve Porter                                                                                         
                                                                                                                                
Jul 12        Saturday                   Terry Miller Gym             9:00 AM                                                 
= SB3001 APPROVING AGIA LICENSE                                                                                                 
              Joint w/(H) Rules                                                                                                 
              House Special Subcommittee on AGIA                                                                                
              9am-5pm Economic Issues (cont.)                                                                                   
              Participants: Shippers (ExxonMobil, BP,                                                                           
              ConocoPhillips, Chevron)                                                                                          
              Steve Porter, Dan Dickinson,                                                                                      
              Cathy Foerster (AOGCC), Tony Palmer (Adm)                                                                         
                                                                                                                                
Jul 13        Sunday                     Terry Miller Gym            12:30 PM                                                 
= SB3001 APPROVING AGIA LICENSE                                                                                                 
              Joint w/(H) Rules                                                                                                 
              House Special Subcommittee on AGIA                                                                                
              12:30pm-6pm Legal Issues                                                                                          
              7pm-9pm Legal Issues                                                                                              
              Participants: Tam Cook, Pat Galvin,                                                                               
              Tony Palmer, Talis Colberg, Steve Porter,                                                                         
              Dan Dickinson,                                                                                                    
              Keith Bergner, Lawson Lundell                                                                                     
              Loyola Keough, Bennett Jones                                                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-07-09                     Senate Journal                      Page 3154
                SENATE SPECIAL COMMITTEE ON ENERGY (continued)                                                               
                                                                                                                                
Jul 14        Monday                     Terry Miller Gym             9:00 AM                                                 
+= SB3001 APPROVING AGIA LICENSE                                                                                                
              Joint w/(H) Rules                                                                                                 
              House Special Subcommittee on AGIA                                                                                
              9am-5pm FERC Issues                                                                                               
              6pm-8pm Public Testimony                                                                                          
              Participants: Bill Mogel,                                                                                         
              Jeff Wright-FERC                                                                                                  
              Don Shepler, Tony Palmer, Pat Galvin                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
Jul 11        Friday                       House Chamber             12:30 PM                                                 
              Address by the Honorable Ted Stevens, U.S. Senator