Legislature(2007 - 2008)

2008-08-07 Senate Journal

Full Journal pdf

2008-08-07                     Senate Journal                      Page 3281
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-FIFTH LEGISLATURE                                                                          
                                                                                                                                
                            FOURTH SPECIAL SESSION                                                                           
                                                                                                                                
Juneau, Alaska                    Thursday                   August 7, 2008                                                   
                                                                                                                                
                                Thirtieth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Green at 8:10 p.m.                                                                                                              
                                                                                                                                
The roll showed sixteen members present. Senators Therriault, Wilken                                                            
were excused from a call of the Senate. Senators Bunde, Cowdery                                                                 
were absent.                                                                                                                    
                                                                                                                                
Senator Wagoner moved and asked unanimous consent that Senator                                                                  
Bunde be excused from a call of the Senate today. Without objection,                                                            
Senator Bunde was excused.                                                                                                      
                                                                                                                                
The prayer was offered by the Chaplain, Senator Huggins. Senator                                                                
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
               Our Most Precious Heavenly Father, We thank thee                                                                
            for thy guidance that you give us on a daily occasion.                                                             
                                                                                                                                
            We ask that thee look over us as we take actions here                                                              
              in our daily lives. We ask you to look across our                                                                
          nation and provide for a wholesome lifestyle for all.                                                                 
                                                                                                                                
                  As we look across the globe at those young                                                                   
             Americans that are doing service abroad, we ask that                                                              
             you bring them back in health and out of harm's way.                                                              
                                                                                                                                
             And we ask finally Father for thy guidance as we go                                                               
        forward. I pray in Jesus' name.                         Amen.                                                          

2008-08-07                     Senate Journal                      Page 3282
Senator Kookesh led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the journal for                                                            
the twenty-ninth legislative day be approved as certified by the                                                                
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
                            Executive Proclamation                                                                             
                                                                                                                                
Under the authority of art. II, sec. 9, and art. III, sec. 17 of the Alaska                                                     
Constitution, and in the public interest, I am supplementing my                                                                 
proclamation of July 1, 2008 concerning the fourth special session of                                                           
the Twenty-Fifth Legislature of the State of Alaska with the addition                                                           
of the following subjects:                                                                                                      
                                                                                                                                
          1. statutory changes relating to the bulk fuel revolving loan                                                         
              fund and bulk fuel bridge loan fund and program; and                                                              
                                                                                                                                
          2. making appropriations relating to the subjects set out in                                                          
              this supplemental proclamation.                                                                                   
                                                                                                                                
This proclamation supplements my proclamation of July 1, 2008.                                                                  
                                                                                                                                
             th                                                                                                                 
Dated this 7 day of August, 2008.                                                                                               
/s/                                                                                                                             
Sarah Palin, Governor                                                                                                           
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
                               Concur Messages                                                                               
                                                                                                                                
SB 4002                                                                                                                       
Message dated August 7 was read, stating the House passed and                                                                   
returned for consideration CS FOR SENATE BILL NO. 4002(FIN)                                                                     
am "An Act relating to grants from the renewable energy grant fund;                                                             
amending the bulk fuel bridge loan fund and the bulk fuel revolving                                                             

2008-08-07                     Senate Journal                      Page 3283
loan fund; amending the power cost equalization program, repealing                                                              
the exclusion from eligibility for power cost equalization for certain                                                          
power projects that take their power from hydroelectric facilities, and                                                         
amending the definition of 'eligible electric utility' as it applies to the                                                     
power cost equalization program and the grant program for small                                                                 
power projects for utility improvements; relating to establishing a gas                                                         
pipeline development fund in the Department of Revenue; establishing                                                            
the Alaska resource rebate program and relating to that program;                                                                
relating to heating assistance; and providing for an effective date" with                                                       
the following amendments:                                                                                                       
                                                                                                                                
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                                                   
          4002(FIN) am H "An Act amending the bulk fuel                                                                         
          bridge loan fund and the bulk fuel revolving loan                                                                     
          fund; relating to power cost equalization; relating to                                                                
          Alaska resource rebates, and increasing the amount                                                                    
          of the 2008 permanent fund dividend to provide that                                                                   
          rebate; suspending the motor fuel tax; eliminating the                                                                
          authority to make certain provisions of the heating                                                                   
          assistance program retroactive to November 1, 2007;                                                                   
          and providing for an effective date."                                                                                 
          (Title change HCR 401)                                                                                                
                                                                                                                                
Senator Ellis moved that the Senate concur in the House amendments.                                                             
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendments?" The roll was taken with the following result:                                                                      
                                                                                                                                
HCS CSSB 4002(FIN) am H                                                                                                         
Shall the Senate Concur in the House amendments                                                                                 
to CSSB 4002(FIN) am?                                                                                                           
                                                                                                                                
YEAS:  11   NAYS:  5   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Davis, Ellis, Elton, Hoffman, Huggins, Kookesh, Olson,                                                                   
Stevens, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
Nays:  Dyson, French, Green, McGuire, Stedman                                                                                   
                                                                                                                                
Excused:  Bunde, Therriault, Wilken                                                                                             
                                                                                                                                
Absent:  Cowdery                                                                                                                
                                                                                                                                
and so, the Senate concurred in the House amendments, thus adopting                                                             
HOUSE CS FOR CS FOR SENATE BILL NO. 4002(FIN) am H.                                                                             

2008-08-07                     Senate Journal                      Page 3284
Senator Ellis moved for the adoption of the effective date clauses.                                                             
                                                                                                                                
The question being: "Shall the effective date clauses be adopted?" The                                                          
roll was taken with the following result:                                                                                       
                                                                                                                                
HCS CSSB 4002(FIN) am H                                                                                                         
Effective Date Clauses                                                                                                          
                                                                                                                                
YEAS:  16   NAYS:  0   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins,                                                             
Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wagoner,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
Excused:  Bunde, Therriault, Wilken                                                                                             
                                                                                                                                
Absent:  Cowdery                                                                                                                
                                                                                                                                
and so, the effective date clauses were adopted.                                                                                
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
Message dated August 7 was read, stating the House passed and                                                                   
transmitted for consideration:                                                                                                  
                                                                                                                                
                        First Reading and Reference of                                                                       
                              House Resolutions                                                                              
                                                                                                                                
HCR 401                                                                                                                       
HOUSE CONCURRENT RESOLUTION NO. 401 BY THE HOUSE                                                                                
FINANCE COMMITTEE,                                                                                                              
                                                                                                                                
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning Senate Bill No. 4002, relating to grants                                                                   
          from the renewable energy grant fund; amending the                                                                    
          bulk fuel bridge loan fund and the bulk fuel revolving                                                                
          loan fund; amending the power cost equalization                                                                       
          program, repealing the exclusion from eligibility for                                                                 
          power cost equalization for certain power projects                                                                    
          that take their power from hydroelectric facilities,                                                                  

2008-08-07                     Senate Journal                      Page 3285
          and amending the definition of "eligible electric                                                                     
          utility" as it applies to the power cost equalization                                                                 
          program and the grant program for small power                                                                         
          projects for utility improvements; relating to                                                                        
          establishing a gas pipeline development fund in the                                                                   
          Department of Revenue; establishing the Alaska                                                                        
          resource rebate program and relating to that program;                                                                 
          and relating to heating assistance.                                                                                   
                                                                                                                                
was read the first time and was before the Senate on final passage.                                                             
                                                                                                                                
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                                                          
NO. 401 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                                             
of the Alaska State Legislature, concerning Senate Bill No. 4002,                                                               
relating to grants from the renewable energy grant fund; amending the                                                           
bulk fuel bridge loan fund and the bulk fuel revolving loan fund;                                                               
amending the power cost equalization program, repealing the                                                                     
exclusion from eligibility for power cost equalization for certain                                                              
power projects that take their power from hydroelectric facilities, and                                                         
amending the definition of "eligible electric utility" as it applies to the                                                     
power cost equalization program and the grant program for small                                                                 
power projects for utility improvements; relating to establishing a gas                                                         
pipeline development fund in the Department of Revenue; establishing                                                            
the Alaska resource rebate program and relating to that program; and                                                            
relating to heating assistance, pass the Senate?" The roll was taken                                                            
with the following result:                                                                                                      
                                                                                                                                
HCR 401                                                                                                                         
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  14   NAYS:  2   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins,                                                             
Kookesh, Olson, Stevens, Thomas, Wagoner, Wielechowski                                                                          
                                                                                                                                
Nays:  McGuire, Stedman                                                                                                         
                                                                                                                                
Excused:  Bunde, Therriault, Wilken                                                                                             
                                                                                                                                
Absent:  Cowdery                                                                                                                
                                                                                                                                
and so, HOUSE CONCURRENT RESOLUTION NO. 401 passed the                                                                          
Senate, was signed by the President and Secretary and returned to the                                                           
House.                                                                                                                          

2008-08-07                     Senate Journal                      Page 3286
                          Standing Committee Reports                                                                         
                                                                                                                                
HB 4001                                                                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                                                                          
4001(FIN) "An Act making supplemental appropriations, capital                                                                   
appropriations, and other appropriations; making appropriations to                                                              
capitalize funds; and providing for an effective date" and                                                                      
recommended it be replaced with                                                                                                 
                                                                                                                                
                       SENATE CS FOR CS FOR HOUSE BILL                                                                         
          NO. 4001(FIN)                                                                                                         
                                                                                                                                
Signing amend: Senators Stedman, Hoffman, Cochairs; Senator                                                                     
Thomas. Signing do pass: Senator Elton. Signing do not pass: Senator                                                            
Dyson. Signing no recommendation: Senators Olson, Huggins.                                                                      
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 4001                                                                                                                       
CS FOR HOUSE BILL NO. 4001(FIN) "An Act making supplemental                                                                     
appropriations, capital appropriations, and other appropriations;                                                               
making appropriations to capitalize funds; and providing for an                                                                 
effective date" was read the second time.                                                                                       
                                                                                                                                
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Senate Committee Substitute offered on                                                              
page 3285. Senator Dyson objected.                                                                                              
                                                                                                                                
The question being: "Shall the Finance Senate Committee Substitute                                                              
be adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2008-08-07                     Senate Journal                      Page 3287
CSHB 4001(FIN)                                                                                                                  
Second Reading                                                                                                                  
Adopt Finance Senate Committee Substitute?                                                                                      
                                                                                                                                
YEAS:  14   NAYS:  2   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Davis, Ellis, Elton, French, Green, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Olson, Stedman, Stevens, Wagoner,                                                                             
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Dyson, Thomas                                                                                                            
                                                                                                                                
Excused:  Bunde, Therriault, Wilken                                                                                             
                                                                                                                                
Absent:  Cowdery                                                                                                                
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 4001(FIN)                                                                           
was adopted.                                                                                                                    
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 4001(FIN) was read                                                                          
the third time.                                                                                                                 
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 4001(FIN) "An Act making supplemental appropriations, capital                                                               
appropriations, and other appropriations; making appropriations to                                                              
capitalize funds; and providing for an effective date" pass the Senate?"                                                        
The roll was taken with the following result:                                                                                   
                                                                                                                                
SCS CSHB 4001(FIN)                                                                                                              
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  11   NAYS:  5   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Davis, Ellis, Elton, Hoffman, Huggins, Kookesh, Olson,                                                                   
Stevens, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
Nays:  Dyson, French, Green, McGuire, Stedman                                                                                   
                                                                                                                                
Excused:  Bunde, Therriault, Wilken                                                                                             
                                                                                                                                
Absent:  Cowdery                                                                                                                
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 4001(FIN)                                                                           
passed the Senate.                                                                                                              

2008-08-07                     Senate Journal                      Page 3288
Senator Ellis moved for the adoption of the effective date clause.                                                              
                                                                                                                                
The question being: "Shall the effective date clause be adopted?" The                                                           
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS CSHB 4001(FIN)                                                                                                              
Effective Date Clause                                                                                                           
                                                                                                                                
YEAS:  14   NAYS:  2   EXCUSED:  3   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins,                                                             
Kookesh, Olson, Stevens, Thomas, Wagoner, Wielechowski                                                                          
                                                                                                                                
Nays:  McGuire, Stedman                                                                                                         
                                                                                                                                
Excused:  Bunde, Therriault, Wilken                                                                                             
                                                                                                                                
Absent:  Cowdery                                                                                                                
                                                                                                                                
and so, the effective date clause was adopted and the bill was referred                                                         
to the Secretary for engrossment.                                                                                               
                                                                                                                                
The presence of Senator Bunde was noted.                                                                                        
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator French moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from August 8 through September 1. Without                                                            
objection, Senator French was excused.                                                                                          
                                                                                                                                
Senator Bunde moved and asked unanimous consent to withdraw his                                                                 
prior excusal (page 3281). Without objection, Senator Bunde was                                                                 
shown as present.                                                                                                               
                                                                                                                                
Senator Thomas moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from plane time, August 9 through plane                                                               
time, December 10. Without objection, Senator Thomas was excused.                                                               
                                                                                                                                
HB 171                                                                                                                        
President Green appointed members to participate in preparing the                                                               
following:                                                                                                                      
                                                                                                                                
 Report on 90-Day Regular Session                                                                                             
 Senator Elton                                                                                                                  
 Senator Huggins                                                                                                                
 Senator Wagoner                                                                                                                

2008-08-07                     Senate Journal                      Page 3289
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
HB 4001                                                                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 4001(FIN) "An Act                                                                           
making supplemental appropriations, capital appropriations, and other                                                           
appropriations; making appropriations to capitalize funds; and                                                                  
providing for an effective date" was engrossed, signed by the President                                                         
and Secretary and returned to the House for consideration.                                                                      
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Fourth                                                                 
Special Session of the Twenty-fifth Alaska State Senate stand in                                                                
adjournment sine die. Without objection, the Senate adjourned at                                                                
8:41 p.m.                                                                                                                       
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2008-08-07                     Senate Journal                      Page 3290
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Aug 07        Thursday                  Senate Finance 532            4:00 PM                                                 
               -- Recessed to a Call of the Chair --                                                                            
+ SB4001 APPROP: SUPP/CAP/OTHER RELATED TO AGIA                                                                                 
+ HB4001 APPROP: SUPP/CAP/OTHER RELATED TO AGIA                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
Aug 07        Thursday                  Senate Finance 532            3:00 PM                                                 
              -- MEETING CANCELED --                                                                                            
+             Late Per Diem Claim                                                                                               
              Award of ITB 453 - General Contractor for                                                                         
                 Capitol Annex Remodel