Legislature(2009 - 2010)

2009-04-11 Senate Journal

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2009-04-11                     Senate Journal                      Page 0889
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-SIXTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                     Saturday                   April 11, 2009                                                  
                                                                                                                                
                              Eighty-second Day                                                                              
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 1:44 p.m.                                                                                                            
                                                                                                                                
The roll showed eighteen members present. Senator Stedman was                                                                   
absent. The seat from District B was vacant.                                                                                    
                                                                                                                                
The prayer was offered by the Chaplain, Senator Olson. Senator                                                                  
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          Dear Lord Jesus,                                                                                                      
                                                                                                                                
          As I get ready to celebrate Easter, I thank you that                                                                  
          you came to earth to die, but more importantly to rise                                                                
          from the dead and to save us from our sins. Although                                                                  
          I have no exact comprehension of the sacrifice made,                                                                  
          I thank you that through your grace we have the                                                                       
          ability to be free.                                                                                                   
                                                                                                                                
          Lord, as we think of freedom, we also pray for these                                                                  
          closing days so that we are free of this legislature and                                                              
          can go home. Watch over us now as we get ready to                                                                     
          celebrate and deliberate. Give us wisdom, guidance                                                                    
          and understanding.                                                                                                    
                                                                                                                                
      In your precious name.                                      Amen.                                                        
                                                                                                                                
Senator Hoffman led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0890
                                Certification                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the journal for                                                            
the eighty-first legislative day be approved as certified by the                                                                
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
The presence of Senator Stedman was noted.                                                                                      
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
HB 81                                                                                                                         
Message dated April 10 was read stating the Speaker granted limited                                                             
powers of free conference to the House conferees considering:                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 81(FIN) am(brf sup maj fld) "An Act                                                                       
making appropriations for the operating and loan program expenses of                                                            
state government, for certain programs, and to capitalize funds;                                                                
making supplemental appropriations; making reappropriations; and                                                                
providing for an effective date."                                                                                               
                                                                                                                                
and                                                                                                                             
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) am S "An                                                                            
Act making appropriations for the operating and loan program                                                                    
expenses of state government, for certain programs, and to capitalize                                                           
funds; making supplemental appropriations; making reappropriations;                                                             
making appropriations under art. IX, sec. 17(c), Constitution of the                                                            
State of Alaska; and providing for an effective date."                                                                          
(technical title change)                                                                                                        
                                                                                                                                
on the appropriations and language that are not identical in the House                                                          
and Senate versions of HOUSE BILL NO. 81.                                                                                       
                                                                                                                                
HB 83                                                                                                                         
Message dated April 10 was read stating the Speaker granted limited                                                             
powers of free conference to the House conferees considering:                                                                   
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0891
CS FOR HOUSE BILL NO. 83(FIN) "An Act making appropriations                                                                     
for the operating and capital expenses of the state's integrated                                                                
comprehensive mental health program; and providing for an effective                                                             
date."                                                                                                                          
                                                                                                                                
and                                                                                                                             
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 83(FIN) "An Act                                                                             
making appropriations for the operating and capital expenses of the                                                             
state's integrated comprehensive mental health program; and providing                                                           
for an effective date."                                                                                                         
                                                                                                                                
on the appropriations and language that are not identical in the House                                                          
and Senate versions of HOUSE BILL NO. 83.                                                                                       
                                                                                                                                
SB 29                                                                                                                         
Message dated April 10 was read stating the House passed and                                                                    
returned:                                                                                                                       
                                                                                                                                
          SENATE BILL NO. 29 "An Act naming the Capitol                                                                         
          Annex the Thomas B. Stewart Legislative Office                                                                        
          Building."                                                                                                            
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
Messages dated April 10 were read stating the House passed and                                                                  
transmitted for consideration:                                                                                                  
                                                                                                                                
                        First Reading and Reference of                                                                       
                              House Resolutions                                                                              
                                                                                                                                
HCR 10                                                                                                                        
CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(RES) BY                                                                               
THE HOUSE RESOURCES COMMITTEE,                                                                                                  
                                                                                                                                
          Urging the Governor to exercise all available legal                                                                   
          options to restrain the United States Department of                                                                   
          the Interior, National Park Service, from intruding on                                                                
          the sovereign right of the state to exercise jurisdiction                                                             
          over navigable water and submerged land and urging                                                                    

2009-04-11                     Senate Journal                      Page 0892
          the Governor to allocate sufficient resources to the                                                                  
          Department of Law, the Department of Natural                                                                          
          Resources, and the Department of Fish and Game to                                                                     
          defend the state's right to manage the public use of its                                                              
          navigable water.                                                                                                      
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 20                                                                                                                         
CS FOR HOUSE BILL NO. 20(FIN) BY THE HOUSE FINANCE                                                                              
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
          "An Act relating to commercial fishing loans for                                                                      
          energy efficiency upgrades and increasing the                                                                         
          maximum amount for certain loans under the                                                                            
          Commercial Fishing Loan Act; and providing for an                                                                     
          effective date."                                                                                                      
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 90                                                                                                                         
CS FOR HOUSE BILL NO. 90(FIN) BY THE HOUSE FINANCE                                                                              
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
          "An Act relating to bonding limitations and                                                                           
          confidentiality of records and information of the                                                                     
          Alaska Industrial Development and Export Authority;                                                                   
          relating to municipal taxation of interests in certain                                                                
          property of the Alaska Industrial Development and                                                                     
          Export Authority; providing for an effective date by                                                                  
          amending the effective date of sec. 3, ch. 117, SLA                                                                   
          2000, as amended by sec. 2, ch. 74, SLA 2003, and                                                                     
          by sec. 3, ch. 67, SLA 2008; and providing for an                                                                     
          effective date."                                                                                                      
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0893
HB 121                                                                                                                        
CS FOR HOUSE BILL NO. 121(FIN) BY THE HOUSE FINANCE                                                                             
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
                 "An Act relating to and authorizing certain                                                                   
            municipalities to provide a property tax credit for an                                                             
          improvement that aids in improving air quality."                                                                      
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
HB 184                                                                                                                        
HOUSE BILL NO. 184 BY REPRESENTATIVES KELLY,                                                                                    
Fairclough, Gara, Lynn, entitled:                                                                                               
                                                                                                                                
              "An Act relating to the debt authorization of the                                                                
          University of Alaska."                                                                                                
                                                                                                                                
was read the first time and referred to the Education and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
Report dated April 10 was read stating:                                                                                         
                                                                                                                                
In accordance with AS 39.05.080, the Senate Resources Committee                                                                 
reviewed the following and recommends the appointment be                                                                        
forwarded to a joint session for consideration:                                                                                 
                                                                                                                                
Board of Fisheries                                                                                                            
Judge Karl S. Johnstone (Retired)                                                                                               
                                                                                                                                
This does not reflect an intent by any of the members to vote for or                                                            
against the confirmation of the individual during any further sessions.                                                         
                                                                                                                                
Signing the report: Senators Wielechowski, McGuire, Cochairs;                                                                   
Senators Huggins, Stevens, French, Wagoner.                                                                                     
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0894
SB 35                                                                                                                         
The Finance Committee considered SENATE BILL NO. 35 "An Act                                                                     
extending the termination date of the Statewide Suicide Prevention                                                              
Council; and providing for an effective date" and recommended the                                                               
adoption of the Health and Social Services Committee Substitute                                                                 
offered on page 377. Signing do pass: Senators Hoffman, Stedman,                                                                
Cochairs; Senators Huggins, Thomas, Olson, Ellis.                                                                               
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, Department of Health and Social Services                                                                
     Fiscal Note No. 2, Department of Health and Social Services                                                                
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SB 48                                                                                                                         
The Judiciary Committee considered SENATE BILL NO. 48 "An Act                                                                   
exempting municipal service area boards from the requirements of                                                                
conducting meetings open to the public when meeting about road                                                                  
conditions affected by harsh weather" and recommended it be replaced                                                            
with                                                                                                                            
                                                                                                                                
          CS FOR SENATE BILL NO. 48(JUD) "An Act                                                                                
          exempting municipal service area boards from the                                                                      
          requirements of conducting meetings open to the                                                                       
          public when a meeting is administrative or                                                                            
          managerial in nature; and amending the definition of                                                                  
          'meeting' as it relates to public governmental                                                                        
          meetings."                                                                                                            
                                                                                                                                
Signing no recommendation: Senator French, Chair; Senators                                                                      
Wielechowski, McGuire. Signing do pass: Senator Therriault.                                                                     
                                                                                                                                
The following previously published fiscal information applies:                                                                  
          Fiscal Note No. 1, zero, Department of Commerce, Community                                                           
      and Economic Development                                                                                                  
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0895
SB 59                                                                                                                         
The Judiciary Committee considered SENATE BILL NO. 59 "An Act                                                                   
relating to the operation of low-speed vehicles" and recommended the                                                            
adoption of the Transportation Committee Substitute offered on page                                                             
448. Signing no recommendation: Senator French, Chair; Senators                                                                 
Wielechowski, McGuire. Signing do pass: Senator Therriault.                                                                     
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Transportation and Public                                                           
      Facilities                                                                                                                
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SB 75                                                                                                                         
The Finance Committee considered SENATE BILL NO. 75 "An Act                                                                     
making and amending appropriations, including capital appropriations,                                                           
supplemental appropriations, and appropriations to capitalize funds;                                                            
and providing for an effective date" and recommended it be replaced                                                             
with                                                                                                                            
                                                                                                                                
          CS FOR SENATE BILL NO. 75(FIN)                                                                                        
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators                                                                  
Ellis, Olson, Thomas, Huggins.                                                                                                  
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
SB 108                                                                                                                        
The Resources Committee considered SENATE BILL NO. 108 "An                                                                      
Act creating the Stampede State Recreation Area" and recommended it                                                             
be replaced with                                                                                                                
                                                                                                                                
          CS FOR SENATE BILL NO. 108(RES)                                                                                       
                                                                                                                                
Signing no recommendation: Senators Wielechowski, McGuire,                                                                      
Cochairs; Senators Huggins, Stevens, Wagoner. Signing do pass:                                                                  
Senator French.                                                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0896
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, Department of Natural Resources                                                                         
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
SB 114                                                                                                                        
The Finance Committee considered SENATE BILL NO. 114 "An Act                                                                    
extending the termination date of the State Board of Registration for                                                           
Architects, Engineers, and Land Surveyors; and providing for an                                                                 
effective date" and recommended the adoption of the Labor and                                                                   
Commerce Committee Substitute offered on page 520. Signing do                                                                   
pass: Senator Stedman, Cochair; Senators Huggins, Thomas, Ellis.                                                                
Signing no recommendation: Senator Hoffman, Cochair; Senator                                                                    
Olson.                                                                                                                          
                                                                                                                                
The following previously published fiscal information applies:                                                                  
           Fiscal Note No. 1, Department of Commerce, Community and                                                            
      Economic Development                                                                                                      
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SB 170                                                                                                                        
The Finance Committee considered SENATE BILL NO. 170 "An Act                                                                    
modifying the Alaska unemployment insurance statutes to comply                                                                  
with the requirements of the federal economic stimulus bill by                                                                  
redefining the base period for determining eligibility for                                                                      
unemployment benefits; and providing for an effective date" and                                                                 
recommended it be replaced with                                                                                                 
                                                                                                                                
          CS FOR SENATE BILL NO. 170(FIN) "An Act                                                                               
          modifying the Alaska unemployment insurance                                                                           
          statutes by redefining the base period for determining                                                                
          eligibility for unemployment benefits; relating to                                                                    
          contributions, interest, penalties, and payments under                                                                
          the Alaska Employment Security Act; and providing                                                                     
          for an effective date."                                                                                               
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators                                                                  
Huggins, Thomas, Olson, Ellis.                                                                                                  
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0897
The following previously published fiscal information applies:                                                                  
          Fiscal Note No. 1, zero, Department of Labor and Workforce                                                           
      Development                                                                                                               
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SB 176                                                                                                                        
The Judiciary Committee considered SENATE BILL NO. 176 "An                                                                      
Act relating to an interstate compact on educational opportunity for                                                            
military children; amending Rules 4 and 24, Alaska Rules of Civil                                                               
Procedure; and providing for an effective date." Signing do pass:                                                               
Senator French, Chair; Senator McGuire. Signing no recommendation:                                                              
Senators Therriault, Wielechowski.                                                                                              
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, Department of Education and Early                                                                       
      Development                                                                                                               
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
SB 177                                                                                                                        
The Resources Committee considered SENATE BILL NO. 177 "An                                                                      
Act repealing the termination of licensing and regulation of sport                                                              
fishing operators and sport fishing guides and licensing and                                                                    
registration of sport fishing vessels; and providing for an effective                                                           
date" and recommended it be replaced with                                                                                       
                                                                                                                                
          CS FOR SENATE BILL NO. 177(RES) "An Act                                                                               
          relating to the licensing and regulation of sport                                                                     
          fishing operators and sport fishing guides and                                                                        
          licensing and registration of sport fishing vessels; and                                                              
          providing for an effective date."                                                                                     
                                                                                                                                
Signing do pass: Senator McGuire, Cochair; Senator Wagoner.                                                                     
Signing no recommendation: Senator Wielechowski, Cochair;                                                                       
Senators Huggins, Stevens, French.                                                                                              
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, Department of Fish and Game                                                                             
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0898
SB 183                                                                                                                        
The Finance Committee considered SENATE BILL NO. 183 "An Act                                                                    
authorizing the Department of Environmental Conservation to award                                                               
grants for the control of air emissions or the development and                                                                  
administration of air quality control programs; and providing for an                                                            
effective date." Signing do pass: Senators Hoffman, Stedman,                                                                    
Cochairs; Senators Thomas, Ellis. Signing no recommendation:                                                                    
Senators Huggins, Olson.                                                                                                        
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, zero, Department of Environmental                                                                       
      Conservation                                                                                                              
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 86                                                                                                                         
The Finance Committee considered HOUSE BILL NO. 86 "An Act                                                                      
extending the termination date of the Board of Veterinary Examiners;                                                            
and providing for an effective date." Signing do pass: Senators                                                                 
Hoffman, Stedman, Cochairs; Senators Huggins, Thomas, Ellis.                                                                    
Signing no recommendation: Senator Olson.                                                                                       
                                                                                                                                
The following previously published fiscal information applies:                                                                  
           Fiscal Note No. 1, Department of Commerce, Community and                                                            
      Economic Development                                                                                                      
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 134                                                                                                                        
The Resources Committee considered CS FOR HOUSE BILL NO.                                                                        
134(RES) "An Act relating to the terms and conditions of commercial                                                             
passenger vessel permits for the discharge of graywater, treated                                                                
sewage, and other wastewater; establishing a science advisory panel                                                             
on wastewater treatment and effluent quality in the Department of                                                               
Environmental Conservation; and providing for an effective date" and                                                            
recommended it be replaced with                                                                                                 
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 134(RES)                                                                               
                                                                                                                                
Signing do pass: Senator Wielechowski, Cochair. Signing amend:                                                                  
Senator McGuire, Cochair; Senator Stevens. Signing no                                                                           
recommendation: Senators Huggins, French.                                                                                       

2009-04-11                     Senate Journal                      Page 0899
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Environmental                                                                       
      Conservation                                                                                                              
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
HJR 10                                                                                                                        
The Health and Social Services Committee considered CS FOR                                                                      
HOUSE JOINT RESOLUTION NO. 10(HSS) Urging the United                                                                            
States Congress to improve health care for veterans. Signing do pass:                                                           
Senator Davis, Chair; Senators Dyson, Paskvan.                                                                                  
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, House Special Committee on Military and                                                           
      Veterans Affairs                                                                                                          
                                                                                                                                
The resolution was referred to the State Affairs Committee.                                                                     
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SR 7                                                                                                                          
SENATE RESOLUTION NO. 7 BY SENATOR DYSON,                                                                                       
                                                                                                                                
                  Relating to vehicles powered by propane or                                                                   
          compressed natural gas.                                                                                               
                                                                                                                                
was read the first time and referred to the Senate Special Committee                                                            
on Energy and Finance Committee.                                                                                                
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 75                                                                                                                         
SENATE BILL NO. 75 "An Act making and amending                                                                                  
appropriations, including capital appropriations, supplemental                                                                  
appropriations, and appropriations to capitalize funds; and providing                                                           
for an effective date" was read the second time.                                                                                
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0900
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Committee Substitute offered on page 895.                                                           
Senator Therriault objected, then withdrew his objection. There being                                                           
no further objection, CS FOR SENATE BILL NO. 75(FIN) was                                                                        
adopted.                                                                                                                        
                                                                                                                                
Senator Dyson offered Amendment No. 1 :                                                                                          
                                                                                                                                
On Page 21, after line 16 add:                                                                                                  
It is the intent of the Legislature that vehicles purchased to replace                                                          
vehicles in the State Equipment Fleet be capable of being fueled by                                                             
either propane or compressed natural gas, unless analysis clearly                                                               
proves that use of propane or compressed natural gas is not                                                                     
economically or technologically effective.                                                                                      
                                                                                                                                
On Page 21, after line 23 add:                                                                                                  
It is the intent of the Legislature that vehicles purchased to replace                                                          
vehicles under the Anchorage Metropolitan Area Transportation                                                                   
Solutions (AMATS) Congestion Mitigation Air Quality (CMAQ)                                                                      
program be capable of being fueled by either propane or compressed                                                              
natural gas, unless analysis clearly proves that use of propane or                                                              
compressed natural gas is not economically or technologically                                                                   
effective.                                                                                                                      
                                                                                                                                
On Page 26, after line 23 add:                                                                                                  
It is the intent of the Legislature that vehicles purchased to replace                                                          
vehicles for the Ted Stevens Anchorage International Airport be                                                                 
capable of being fueled by either propane or compressed natural gas,                                                            
unless analysis clearly proves that use of propane or compressed                                                                
natural gas is not economically or technologically effective.                                                                   
                                                                                                                                
On Page 34, after line 7 add:                                                                                                   
It is the intent of the Legislature that vehicles purchased for the                                                             
Statewide: Congestion Mitigation and Air Quality (CMAQ) program                                                                 
be capable of being fueled by either propane or compressed natural                                                              
gas, unless analysis clearly proves that use of propane or compressed                                                           
natural gas is not economically or technologically effective.                                                                   
                                                                                                                                
Senator Dyson moved for the adoption of Amendment No. 1. Senator                                                                
Ellis objected.                                                                                                                 
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0901
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 75(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Dyson, Therriault, Wagoner                                                                                        
                                                                                                                                
Nays:  Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire,                                                                
Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas,                                                                        
Wielechowski                                                                                                                    
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
Senator Therriault offered Amendment No. 2 :                                                                                     
                                                                                                                                
Section 1, page 21, line 20:                                                                                                    
     Delete: 113,560,000                                                                                                        
     Insert: 128,960,000                                                                                                        
                                                                                                                                
     Delete: 22,783,500                                                                                                         
     Insert: 38,183,500                                                                                                         
                                                                                                                                
Section 1, page 21, line 33:                                                                                                    
     Delete: 6,320,000                                                                                                          
     Insert: 9,600,000                                                                                                          
                                                                                                                                
Section 1, page 22, line 4:                                                                                                     
     Delete: 27,800,000                                                                                                         
     Insert: 40,000,000                                                                                                         
                                                                                                                                
Section 2, page 39, line 8:                                                                                                     
     Delete: 22,783,500                                                                                                         
     Insert: 38,183,500                                                                                                         
                                                                                                                                
Senator Therriault moved for the adoption of Amendment No. 2.                                                                   
Objections were heard.                                                                                                          
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0902
The question being: "Shall Amendment No. 2 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 75(FIN)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  3   NAYS:  16   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Dyson, Therriault, Wagoner                                                                                               
                                                                                                                                
Nays:  Bunde, Davis, Ellis, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Thomas, Wielechowski                                                                                                            
                                                                                                                                
and so, Amendment No. 2 failed.                                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
CS FOR SENATE BILL NO. 75(FIN) was read the third time.                                                                         
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 75(FIN) "An                                                                   
Act making and amending appropriations, including capital                                                                       
appropriations, supplemental appropriations, and appropriations to                                                              
capitalize funds; and providing for an effective date" pass the Senate?"                                                        
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSSB 75(FIN)                                                                                                                    
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  3   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Ellis, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Thomas, Wielechowski                                                                                                            
                                                                                                                                
Nays:  Dyson, Therriault, Wagoner                                                                                               
                                                                                                                                
and so, CS FOR SENATE BILL NO. 75(FIN) passed the Senate.                                                                       
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0903
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the effective date clauses.                                                       
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment.                                                                                                      
                                                                                                                                
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - Joe Braach                                                                                                           
Senator(s) Olson, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                                 
Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan, Stedman,                                                                     
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
Representative(s) Joule                                                                                                         
                                                                                                                                
                                                     th                                                                         
Honoring - Abbott Loop Elementary School 50 Anniversary                                                                         
Senator(s) Meyer, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                                 
Huggins, Kookesh, McGuire, Menard, Olson, Paskvan, Stedman,                                                                     
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
Representative(s) Millett                                                                                                       
                                                                                                                                
Honoring - Chad Johnson CCHA Player of the Year                                                                                 
Representative(s) Kelly                                                                                                         
Senator(s) Thomas, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                                
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Therriault, Wagoner, Wielechowski                                                                                      
                                                                                                                                
                                      th                                                                                        
Honoring - Two Rivers School 50 Anniversary Celebration                                                                         
Representative(s) Kelly                                                                                                         
Senator(s) Thomas, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                                
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Therriault, Wagoner, Wielechowski                                                                                      
                                                                                                                                
Honoring - Lance Mackey Winner of Iditarod XXXVII                                                                               
Representative(s) Kelly                                                                                                         
Senator(s) Thomas, Stevens, Bunde, Davis, Dyson, Ellis, French,                                                                 
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Therriault, Wagoner, Wielechowski                                                                             
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0904
Honoring - Dr. Ann Harter McCoy                                                                                                 
Representative(s) Petersen                                                                                                      
Senator(s) Wielechowski, Stevens, Bunde, Davis, Dyson, Ellis,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Therriault, Thomas, Wagoner                                                                                   
                                                                                                                                
Honoring - Alaska Native Medical Center, Acknowledged for                                                                       
Excellence: The First and Only Magnet Hospital in the State of Alaska                                                           
Representative(s) Fairclough, Cissna, Joule                                                                                     
Senator(s) Dyson, Davis, Olson, Stevens, Bunde, Ellis, French,                                                                  
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan,                                                                     
Stedman, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
Honoring - Allison Lennon                                                                                                       
Representative(s) Herron                                                                                                        
Senator(s) Hoffman, Stevens, Bunde, Davis, Dyson, Ellis, Huggins,                                                               
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Honoring - Rural Social Workers                                                                                                 
Representative(s) Herron                                                                                                        
Senator(s) Hoffman, Stevens, Bunde, Davis, Dyson, Ellis, French,                                                                
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
                                            th                                                                                  
Honoring - Tim and Phyllis Merrill, 50 Wedding Anniversary                                                                      
Representative(s) Fairclough, Stoltze, Dahlstrom                                                                                
Senator(s) Dyson, Huggins, Stevens, Bunde, Davis, Ellis, Hoffman,                                                               
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Honoring - The Chugiak-Eagle River Statehood Celebration                                                                        
Committee                                                                                                                       
Representative(s) Harris, Stoltze, Dahlstrom                                                                                    
Senator(s) Huggins, Dyson, Therriault, Stevens, Bunde, Davis, Ellis,                                                            
Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0905
Honoring - Alaska's 50 Anniversary of Statehood                                                                                 
Representative(s) Neuman, Guttenberg                                                                                            
Senator(s) Wagoner, Huggins, Thomas, Stevens, Bunde, Davis,                                                                     
Dyson, Ellis, French, Hoffman, Kookesh, McGuire, Menard, Meyer,                                                                 
Olson, Paskvan, Stedman, Therriault, Wielechowski                                                                               
                                                                                                                                
In Memoriam - Corporal Micheal Boyd Alleman                                                                                     
Senator(s) Paskvan, Stevens, Bunde, Davis, Dyson, Ellis, French,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Stedman, Therriault, Thomas, Wagoner, Wielechowski                                                                              
Representative(s) Ramras                                                                                                        
                                                                                                                                
In Memoriam - Corporal Michael Lee Mayne                                                                                        
Senator(s) Paskvan, Stevens, Bunde, Davis, Dyson, Ellis, French,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Stedman, Therriault, Thomas, Wagoner, Wielechowski                                                                              
Representative(s) Ramras                                                                                                        
                                                                                                                                
In Memoriam - Corporal Zachary Ray Nordmeyer                                                                                    
Senator(s) Paskvan, Stevens, Bunde, Davis, Dyson, Ellis, French,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Stedman, Therriault, Thomas, Wagoner, Wielechowski                                                                              
Representative(s) Ramras                                                                                                        
                                                                                                                                
In Memoriam - Robert A. Young                                                                                                   
Senator(s) Dyson, Stevens, Bunde, Davis, Ellis, French, Hoffman,                                                                
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Therriault, Thomas, Wagoner, Wielechowski                                                                              
Representative(s) Stoltze                                                                                                       
                                                                                                                                
In Memoriam - Peter G. Aluska, Sr.                                                                                              
Representative(s) Herron                                                                                                        
Senator(s) Hoffman, Stevens, Bunde, Davis, Dyson, Ellis, Huggins,                                                               
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
In Memoriam - Christopher Tuli Phillip                                                                                          
Representative(s) Herron                                                                                                        
Senator(s) Hoffman, Stevens, Bunde, Davis, Dyson, Ellis, Huggins,                                                               
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0906
In Memoriam - Alice Mukull'aq Mendola                                                                                           
Representative(s) Herron                                                                                                        
Senator(s) Hoffman, Stevens, Bunde, Davis, Dyson, Ellis, Huggins,                                                               
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
In Memoriam - Philip Burch                                                                                                      
Representative(s) Fairclough, Stoltze, Dahlstrom                                                                                
Senator(s) Dyson, Huggins, Stevens, Bunde, Davis, Ellis, Hoffman,                                                               
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
In Memoriam - David "Woody" Woodruff                                                                                            
Representative(s) Austerman                                                                                                     
Senator(s) Stevens, Bunde, Davis, Dyson, Ellis, Hoffman, Huggins,                                                               
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
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                                                                             
                                                                                                                                
SB 173                                                                                                                        
Senators Paskvan, Menard moved and asked unanimous consent to be                                                                
shown as cosponsors on SENATE BILL NO. 173 "An Act relating to                                                                  
marine products and motorized recreational products; and providing                                                              
for an effective date." Without objection, it was so ordered.                                                                   
                                                                                                                                
SB 190                                                                                                                        
Senator Ellis moved and asked unanimous consent to be shown as a                                                                
cosponsor on SENATE BILL NO. 190 "An Act relating to biometric                                                                  
information." Without objection, it was so ordered.                                                                             
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0907
SB 133                                                                                                                        
Senator Menard moved and asked unanimous consent to be shown as a                                                               
cosponsor on SENATE BILL NO. 133 "An Act creating a statewide                                                                   
electronic health information exchange system; and providing for an                                                             
effective date." Without objection, it was so ordered.                                                                          
                                                                                                                                
Senator Wagoner moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from plane time, April 14 through evening                                                             
plane time, April 14. Without objection, Senator Wagoner was                                                                    
excused.                                                                                                                        
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
SB 75                                                                                                                         
CS FOR SENATE BILL NO. 75(FIN) "An Act making and amending                                                                      
appropriations, including capital appropriations, supplemental                                                                  
appropriations, and appropriations to capitalize funds; and providing                                                           
for an effective date" was engrossed, signed by the President and                                                               
Secretary and transmitted to the House for consideration.                                                                       
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
stand in adjournment until 11:00 a.m., April 13. Without objection, the                                                         
Senate adjourned at 3:18 p.m.                                                                                                   
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0908
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Apr 11        Saturday                  Senate Finance 532          11:00 AM                                                  
              -- Time Change --                                                                                                 
+= SB  75 BUDGET: CAPITAL, SUPP. & OTHER APPROPS                                                                                
+= SB 170 UNEMPLOYMENT AMENDMENTS: FED STIMULUS                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 13        Monday                    Senate Finance 532            9:00 AM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Apr 13        Monday                                Beltz 211         1:30 PM                                                 
+             OCS Hearing                                                                                                       
+ SB 105 FOSTER CARE/CINA/EDUCATION OF HOMELESS                                                                                 
+= SB 179 PARENTAL NOTICE OF MINOR'S ABORTION                                                                                   
+= HB  35 NOTICE & CONSENT FOR MINOR'S ABORTION                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 15        Wednesday                       Butrovich 205           1:30 PM                                                 
+ SB 179 PARENTAL NOTICE OF MINOR'S ABORTION                                                                                    
+ HB  35 NOTICE & CONSENT FOR MINOR'S ABORTION                                                                                  
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 17        Friday                          Butrovich 205           1:30 PM                                                 
+ SB 172 ALASKA HEALTH CARE COMMISSION                                                                                          
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    

2009-04-11                     Senate Journal                      Page 0909
                                  JUDICIARY                                                                                  
                                                                                                                                
Apr 13        Monday                          Butrovich 205           1:30 PM                                                 
              Confirmation: Attorney General Wayne Anthony Ross                                                                 
+             Invited Testimony Only                                                                                            
+= HB  49 EMINENT DOMAIN: RECREATIONAL STRUCTURES                                                                               
+ SB 156 COMPACT FOR JUVENILES; INTERSTATE COUNCIL                                                                              
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Apr 14        Tuesday                               Beltz 211         1:00 PM                                                 
              -- Time Change --                                                                                                 
+ HB  93 DO NOT CALL REGISTRY--MOBILE/CELL PHONES                                                                               
+ HB 101 EXEMPTIONS: LIFE INSURANCE; ANNUITIES                                                                                  
+ HB 102 UNIFORM COMMERCIAL CODE                                                                                                
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 16        Thursday                              Beltz 211         1:00 PM                                                 
              -- Time Change --                                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Apr 13        Monday                          Butrovich 205           3:30 PM                                                 
              Confirmation Hearings:                                                                                            
              Brent Johnson - Board of Fish                                                                                     
              Cliff Judkins - Board of Game                                                                                     
              Stanley "Stosh" Hoffman Jr.- Brd. of Game                                                                         
     HJR 22 URGING US TO RATIFY LAW OF THE SEA TREATY                                                                           
     HJR 28 OPPOSE RESTRICTIONS ON OIL/GAS ACTIVITIES                                                                           
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 15        Wednesday                       Butrovich 205           3:30 PM                                                 
              Confirmation Hearing: Teresa Sager-Albaugh - Board of Game                                                        
     SJR 22 FEDERAL PREEMPTION OF SALMON MANAGEMENT                                                                             
     HB  14 ALASKAN MALAMUTE AS STATE DOG                                                                                       
              <Pending Referral>                                                                                                
     HCR 10 OPPOSE FED. CONTROL OF STATE LAND & WATER                                                                           
     HJR 27 STATE SOVEREIGNTY                                                                                                   
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    

2009-04-11                     Senate Journal                      Page 0910
                                STATE AFFAIRS                                                                                
                                                                                                                                
Apr 14        Tuesday                               Beltz 211         9:00 AM                                                 
+= HJR 10 VETERANS' HEALTH CARE                                                                                                 
+ HB  14 ALASKAN MALAMUTE AS STATE DOG                                                                                          
+ HB 156 ALLOWING CERTAIN LANDFILL FEE WAIVERS                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
Apr 14        Tuesday                   Senate Finance 532            5:00 PM                                                 
              Roll Call                                                                                                         
              Approval of Minutes of April 2, 2009                                                                              
              Legislative Coin Policy Approval                                                                                  
              Fairbanks Telephone Upgrade Approval                                                                              
              Legis. Legal Representation Approval                                                                              
              Amendment to Moving & Travel Policy                                                                               
               - Waiver Fees                                                                                                    
              Anchorage Office Space Proposal                                                                                   
              Bethel Lease (Executive Session)                                                                                  
              Other Business                                                                                                    
                   ----------------------------------------                                                                    
                                                                                                                                
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                    CONFERENCE COMMITTEE ON HB 81 & HB 83                                                                    
                                                                                                                                
Apr 11        Saturday                  Senate Finance 532            2:00 PM                                                 
= HB  81 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                   
= HB  83 APPROP: MENTAL HEALTH BUDGET                                                                                           
              Open Items for the following departments:                                                                         
              DOA, DCCED                                                                                                        
              DOC, DEC                                                                                                          
              DF&G, DHSS                                                                                                        
              DLWD, DPS                                                                                                         
              DOR                                                                                                               
              Alaska Court System                                                                                               
              Legislature                                                                                                       
              Statewide                                                                                                         
                                                                                                                                
                                                                                                                                

2009-04-11                     Senate Journal                      Page 0911
                      CONFERENCE COMMITTEES (continued)                                                                      
                                                                                                                                
              CONFERENCE COMMITTEE ON HB 81 & HB 83 (continued)                                                              
                                                                                                                                
Apr 13        Monday                    Senate Finance 532            8:00 AM                                                 
              -- MEETING CANCELED --                                                                                            
= HB  81 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                   
= HB  83 APPROP: MENTAL HEALTH BUDGET                                                                                           
              Open Items                                                                                                        
                                                                                                                                
Apr 14        Tuesday                   Senate Finance 532            8:00 AM                                                 
= HB  81 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                   
= HB  83 APPROP: MENTAL HEALTH BUDGET                                                                                           
              Open Items                                                                                                        
                                                                                                                                
Apr 15        Wednesday                 Senate Finance 532            8:00 AM                                                 
= HB  81 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                   
= HB  83 APPROP: MENTAL HEALTH BUDGET                                                                                           
              Open Items                                                                                                        
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                       JOINT LEGISLATIVE HEALTH CAUCUS                                                                       
                                                                                                                                
May 13        Wednesday                 Anch Lio Conf Rm             12:30 PM                                                 
              Week of the Uninsured                                                                                             
                   ----------------------------------------                                                                    
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
Apr 16        Thursday                     House Chamber            11:00 AM                                                  
               Confirmation of Governor's Appointees