Legislature(2009 - 2010)

2009-04-16 Senate Journal

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2009-04-16                     Senate Journal                      Page 0987
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-SIXTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                    Thursday                    April 16, 2009                                                  
                                                                                                                                
                              Eighty-seventh Day                                                                             
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 10:50 a.m.                                                                                                           
                                                                                                                                
The roll showed seventeen members present. Senators Hoffman,                                                                    
Stedman were absent. The seat from District B was vacant.                                                                       
                                                                                                                                
The prayer was offered by the Chaplain, Senator Olson. Senator                                                                  
McGuire moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          Dear Lord Jesus,                                                                                                      
                                                                                                                                
          This is the day that the Lord has made. Lord, as we                                                                   
          look at today and at the happenings that are going on                                                                 
          and the happenings that have happened already and                                                                     
          are going to be happening, I thank you for this                                                                       
          privilege that we have to be servants of the people.                                                                  
                                                                                                                                
          Lord, may the words of our mouths and the                                                                             
          meditations of our hearts be acceptable in your sight.                                                                
          Lord, as we deliberate today and make decisions that                                                                  
          are going to affect people's lives, families' lives,                                                                  
          relationships, I pray that wisdom and your guidance                                                                   
          will prevail.                                                                                                         
                                                                                                                                
          I rejoice today that we are citizens of your kingdom.                                                                 
          May we be committed to continue being citizens of                                                                     
          that kingdom. I thank you through all of this in Jesus'                                                               
 name.                                                                 Amen.                                                   

2009-04-16                     Senate Journal                      Page 0988
Senator Menard led the Senate in the Pledge of Allegiance.                                                                      
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the journal for                                                            
the eighty-sixth legislative day be approved as certified by the                                                                
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
SCR 1                                                                                                                         
Message dated April 15 was read stating the Governor read the                                                                   
following resolution and transmitted the engrossed and enrolled copies                                                          
to the Lieutenant Governor's Office for permanent filing:                                                                       
                                                                                                                                
                      SENATE CONCURRENT RESOLUTION NO. 1                                                                       
             Relating to establishing March 2009 as Brain Injury                                                               
          Awareness Month.                                                                                                      
                                                                                                                                
                          Legislative Resolve No. 2                                                                            
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
HJR 17                                                                                                                        
Message dated April 15 was read stating the House concurred in the                                                              
Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO.                                                                           
17(JUD) thus adopting:                                                                                                          
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE JOINT                                                                                      
          RESOLUTION NO. 17(JUD) Urging the United                                                                              
          States Congress to reject H.R. 45, the Blair Holt's                                                                   
          Firearm Licensing and Record of Sale Act of 2009.                                                                     
                                                                                                                                
SJR 17                                                                                                                        
Message dated April 15 was read stating the House passed and                                                                    
returned:                                                                                                                       
                                                                                                                                

2009-04-16                     Senate Journal                      Page 0989
          SENATE JOINT RESOLUTION NO. 17                                                                                        
          Designating 2009 as the Year of the                                                                                   
          Noncommissioned Officer Corps of the United States                                                                    
          Army.                                                                                                                 
                                                                                                                                
The resolution was referred to the Secretary for enrollment.                                                                    
                                                                                                                                
SB 45                                                                                                                         
Message dated April 15 was read stating the House passed and                                                                    
returned:                                                                                                                       
                                                                                                                                
          CS FOR SENATE BILL NO. 45(FIN) "An Act                                                                                
          relating to state employment preferences for veterans,                                                                
          former prisoners of war, and members of the Alaska                                                                    
          National Guard; authorizing the Department of                                                                         
          Military and Veterans' Affairs to establish and                                                                       
          maintain Alaska veterans' cemeteries; establishing the                                                                
          Alaska veterans' cemetery fund in the general fund;                                                                   
          and authorizing the legislature to appropriate income                                                                 
          from fees collected for commemorative veterans'                                                                       
          plates to the Alaska veterans' cemetery fund."                                                                        
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
Messages dated April 15 were read stating the House passed and                                                                  
transmitted for consideration:                                                                                                  
                                                                                                                                
                        First Reading and Reference of                                                                       
                              House Resolutions                                                                              
                                                                                                                                
HCR 16                                                                                                                        
HOUSE CONCURRENT RESOLUTION NO. 16 am BY                                                                                        
REPRESENTATIVES HARRIS, Stoltze, Foster, Chenault, Joule,                                                                       
Fairclough, Thomas, Munoz, Millett, Olson, Neuman, Edgmon,                                                                      
Wilson, Seaton, Dahlstrom, Lynn, Coghill, Johansen, Kelly, Keller,                                                              
Hawker, Herron, Johnson, Ramras, Gatto, Austerman, Kerttula,                                                                    
Gruenberg, Guttenberg, Salmon, Gara, Buch, Cissna, Crawford,                                                                    
Doogan, Gardner, Holmes, Kawasaki, Petersen, Tuck,                                                                              
                                                                                                                                
                                                                                                                                

2009-04-16                     Senate Journal                      Page 0990
          Requesting the Governor to proclaim September 7,                                                                      
          2009, as Senator Daniel Inouye Day.                                                                                   
                                                                                                                                
was read the first time and held on the Secretary's desk.                                                                       
                                                                                                                                
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 44                                                                                                                         
CS FOR HOUSE BILL NO. 44(FIN) am BY THE HOUSE FINANCE                                                                           
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
          "An Act relating to investments applicable to energy;                                                                 
          clarifying the purpose of the Alaska Natural Gas                                                                      
          Development Authority; relating to definitions of                                                                     
          certain terms that relate to a project that may be                                                                    
          developed by the Alaska Natural Gas Development                                                                       
          Authority; and authorizing certain public                                                                             
          corporations to issue bonds for energy projects."                                                                     
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
HB 105                                                                                                                        
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                                                    
105(L&C) BY THE HOUSE LABOR AND COMMERCE                                                                                        
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
          "An Act relating to the state training and employment                                                                 
          program; and providing for an effective date."                                                                        
                                                                                                                                
was read the first time and referred to the Labor and Commerce and                                                              
Finance Committees.                                                                                                             
                                                                                                                                
HB 114                                                                                                                        
CS FOR HOUSE BILL NO. 114(TRA) am BY THE HOUSE                                                                                  
TRANSPORTATION COMMITTEE, entitled:                                                                                             
                                                                                                                                
          "An Act relating to availability of state transportation                                                              
          facilities and state-owned or state-operated                                                                          
          transportation modes for delivering compassionate                                                                     
          aid."                                                                                                                 
                                                                                                                                

2009-04-16                     Senate Journal                      Page 0991
was read the first time and referred to the Transportation and Finance                                                          
Committees.                                                                                                                     
                                                                                                                                
HB 162                                                                                                                        
HOUSE BILL NO. 162 BY THE HOUSE RULES COMMITTEE BY                                                                              
REQUEST OF THE GOVERNOR, entitled:                                                                                              
                                                                                                                                
             "An Act establishing the Southeast State Forest and                                                               
            relating to the Southeast State Forest; and providing                                                              
          for an effective date."                                                                                               
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
HB 175                                                                                                                        
CS FOR HOUSE BILL NO. 175(L&C) BY THE HOUSE LABOR                                                                               
AND COMMERCE COMMITTEE, entitled:                                                                                               
                                                                                                                                
     "An Act relating to insurance, including treating as                                                                       
     confidential certain information submitted to the director of                                                              
     insurance by the National Association of Insurance                                                                         
     Commissioners; clarifying conditions for the release of                                                                    
     insurer deposits; defining travel insurance that may be sold                                                               
     under a travel insurance limited producer license; establishing                                                            
     criteria for licensing of nonresident independent adjusters as                                                             
     resident adjusters; exempting rewards under a wellness                                                                     
     program from treatment as insurance discrimination or                                                                      
     rebating; making certain insurance required of the                                                                         
     Comprehensive Health Insurance Association permissive                                                                      
     rather than mandatory; making certain provisions relating to                                                               
     statements on applications and guaranteed renewability for                                                                 
     individual health insurance applicable to hospital and medical                                                             
     service corporations; making public certain forms and related                                                              
     documents filed for approval by a hospital or medical service                                                              
     corporation after the filing becomes effective; relating to                                                                
     deposits of self-funded multiple employer welfare                                                                          
     arrangements; repealing reasons that the director of insurance                                                             
     may use to deny or revoke a license; and providing for an                                                                  
     effective date."                                                                                                           
                                                                                                                                
was read the first time and referred to the Labor and Commerce                                                                  
Committee.                                                                                                                      

2009-04-16                     Senate Journal                      Page 0992
HB 222                                                                                                                        
HOUSE BILL NO. 222(title am) BY REPRESENTATIVES                                                                                 
HOLMES, Tuck, Gardner, Lynn, Kerttula, Guttenberg, entitled:                                                                    
                                                                                                                                
     "An Act prohibiting discrimination by health care insurers                                                                 
     based on genetic information; providing special enrollment                                                                 
     requirements related to Medicaid and state child health plan                                                               
     coverage; requiring a health care insurer to offer coverage                                                                
     for the treatment of alcoholism or drug abuse; providing                                                                   
     continuity of coverage for college students during                                                                         
     medically necessary leaves of absence from college;                                                                        
     requiring health care insurers in the group market to                                                                      
     provide parity in the application of mental health and                                                                     
     substance abuse benefits that comply with federal                                                                          
     requirements; amending the definition of 'dentist' to include                                                              
     out-of-state dentists for purposes of certain dental insurance                                                             
     requirements; and providing for an effective date."                                                                        
                                                                                                                                
was read the first time and referred to the Labor and Commerce                                                                  
Committee.                                                                                                                      
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
Report dated April 15 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 Game                                                                                                                 
Teresa Sager-Albaugh - Mentasta Pass                                                                                            
                                                                                                                                
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, French, Wagoner.                                                                                              
                                                                                                                                
                                                                                                                                

2009-04-16                     Senate Journal                      Page 0993
SB 10                                                                                                                         
The Finance Committee considered SENATE BILL NO. 10 "An Act                                                                     
requiring health care insurers to provide insurance coverage for                                                                
medical care received by a patient during certain approved clinical                                                             
trials designed to test and improve prevention, diagnosis, treatment, or                                                        
palliation of cancer; directing the Department of Health and Social                                                             
Services to provide Medicaid services to persons who participate in                                                             
those clinical trials; relating to experimental procedures under a state                                                        
plan offered by the Comprehensive Health Insurance Association; and                                                             
providing for an effective date" and recommended the adoption of the                                                            
Health and Social Services Committee Substitute offered on page 326.                                                            
                                                                                                                                
Signing no recommendation: Senators Hoffman, Stedman, Cochairs;                                                                 
Senators Huggins, Olson. Signing do pass: Senators Thomas, Ellis.                                                               
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Health and Social Services                                                          
          Fiscal Note No. 2, zero, Department of Commerce, Community                                                           
      and Economic Development                                                                                                  
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SB 68                                                                                                                         
The Judiciary Committee considered SENATE BILL NO. 68 "An Act                                                                   
relating to the voting rights of felons." Signing no recommendation:                                                            
Senator French, Chair; Senators Wielechowski, McGuire.                                                                          
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Corrections                                                                         
     Fiscal Note No. 2, zero, Office of the Governor                                                                            
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
HB 19                                                                                                                         
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                                                    
19(L&C) "An Act exempting the state and its political subdivisions                                                              
from daylight saving time; and providing for an effective date."                                                                
Signing do pass: Senator Menard, Chair. Signing no recommendation:                                                              
Senators French, Meyer, Paskvan.                                                                                                
                                                                                                                                

2009-04-16                     Senate Journal                      Page 0994
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Office of the Governor                                                                                
                                                                                                                                
The bill was referred to the Community and Regional Affairs                                                                     
Committee.                                                                                                                      
                                                                                                                                
HB 26                                                                                                                         
The Finance Committee considered HOUSE BILL NO. 26 "An Act                                                                      
repealing the repeal of preventative and restorative adult dental                                                               
services reimbursement under Medicaid; providing for an effective                                                               
date by repealing the effective date of sec. 3, ch. 52, SLA 2006; and                                                           
providing for an effective date." Signing do pass: Senators Hoffman,                                                            
Stedman, Cochairs; Senators Thomas, Olson, Ellis. Signing no                                                                    
recommendation: Senator Huggins.                                                                                                
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, Department of Health and Social Services                                                                
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 49                                                                                                                         
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                                                        
49(JUD) am "An Act relating to the prohibition of the exercise of the                                                           
power of eminent domain against a recreational structure for the                                                                
purposes of developing a recreational facility or project." Signing no                                                          
recommendation: Senator French, Chair; Senator Wielechowski.                                                                    
Signing do pass: Senator McGuire.                                                                                               
                                                                                                                                
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.                                                                                   
                                                                                                                                
HB 106                                                                                                                        
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                                                    
106(STA)(title am) "An Act relating to grants to nonprofit regional                                                             
corporations, and, in certain situations, to municipalities with                                                                
populations of less than 10,000, for village public safety officers in                                                          
rural areas; defining 'rural area' for the purpose of the village public                                                        

2009-04-16                     Senate Journal                      Page 0995
safety officer program; and authorizing municipalities to accept grants                                                         
under, and contract with respect to, the village public safety officer                                                          
program." Signing do pass: Senator Menard, Chair; Senators French,                                                              
Meyer, Paskvan.                                                                                                                 
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Public Safety                                                                           
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
HB 109                                                                                                                        
The Finance Committee considered HOUSE BILL NO. 109 "An Act                                                                     
relating to eligibility for the Alaska supplemental education loan                                                              
program and to the interest rate for a loan made under the Alaska                                                               
family education loan program; and providing for an effective date."                                                            
Signing no recommendation: Senators Hoffman, Stedman, Cochairs;                                                                 
Senators Olson, Ellis. Signing do pass: Senators Huggins, Thomas.                                                               
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Education and Early                                                                 
      Development                                                                                                               
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 134                                                                                                                        
The Finance 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(FIN)                                                                                                          
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators                                                                  
Huggins, Thomas, Ellis. Signing no recommendation: Senator Olson.                                                               
                                                                                                                                
                                                                                                                                

2009-04-16                     Senate Journal                      Page 0996
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Environmental                                                                       
      Conservation                                                                                                              
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
HB 152                                                                                                                        
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                                                        
152(JUD) "An Act making corrective amendments to the Alaska                                                                     
Statutes as recommended by the revisor of statutes; providing for an                                                            
effective date by repealing the effective date of sec. 33, ch. 122, SLA                                                         
1977; and providing for an effective date." Signing do pass: Senator                                                            
French, Chair; Senators Wielechowski, McGuire.                                                                                  
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Law                                                                                 
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
HB 170                                                                                                                        
The Judiciary Committee considered HOUSE BILL NO. 170 "An Act                                                                   
repealing the authority for day fines." Signing do pass: Senator                                                                
French, Chair; Senator McGuire. Signing no recommendation: Senator                                                              
Wielechowski.                                                                                                                   
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Corrections                                                                         
     Fiscal Note No. 2, zero, Alaska Court System                                                                               
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 172                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL NO.                                                                          
172(FIN) "An Act relating to an investment in the education loan                                                                
fund; relating to authority for the commissioner of revenue to enter                                                            
into a bond purchase agreement and letter of credit with the Alaska                                                             
Student Loan Corporation; and providing for an effective date" and                                                              
recommended it be replaced with                                                                                                 
                                                                                                                                
                                                                                                                                

2009-04-16                     Senate Journal                      Page 0997
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                                                   
          172(FIN) "An Act relating to an investment in the                                                                     
          education loan fund; relating to authority for the                                                                    
          commissioner of revenue to enter into a bond                                                                          
          purchase agreement and letter of credit with the                                                                      
          Alaska Student Loan Corporation; relating to a                                                                        
          proposal for a program under which the state repays                                                                   
          loans to students for costs of postsecondary                                                                          
          education; and providing for an effective date."                                                                      
          (Title Change SCR forthcoming)                                                                                        
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman; Cochairs; Senators                                                                  
Huggins, Thomas. Signing no recommendation: Senators Olson, Ellis.                                                              
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 3, indeterminate, Department of Education and                                                              
      Early Development                                                                                                         
     Fiscal Note No. 4, indeterminate, Department of Revenue                                                                    
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
The presence of Senator Hoffman was noted.                                                                                      
                                                                                                                                
SJR 22                                                                                                                        
The Resources Committee considered SENATE JOINT                                                                                 
RESOLUTION NO. 22 Opposing litigation that seeks to eliminate the                                                               
Kenai, Kasilof, and Chitina sockeye salmon personal use dip net                                                                 
fisheries; and requesting the governor to re-examine the                                                                        
disproportional influence of the commercial fisheries industries on                                                             
fisheries management in the state, and recommended it be replaced                                                               
with                                                                                                                            
                                                                                                                                
          CS FOR SENATE JOINT RESOLUTION NO.                                                                                    
          22(RES) Opposing litigation that seeks to eliminate                                                                   
          the Kenai, Kasilof, and Chitina sockeye salmon                                                                        
          personal use dip net fisheries.                                                                                       
                                                                                                                                
Signing do pass: Senators McGuire, Wielechowski, Cochairs; Senator                                                              
Huggins. Signing no recommendation: Senators Stevens, Wagoner.                                                                  
                                                                                                                                

2009-04-16                     Senate Journal                      Page 0998
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, zero, Legislative Agency                                                                                
                                                                                                                                
The resolution was referred to the Judiciary Committee.                                                                         
                                                                                                                                
HJR 25                                                                                                                        
The Resources Committee considered CS FOR HOUSE JOINT                                                                           
RESOLUTION NO. 25(ENE) am Urging the United States Congress                                                                     
to classify hydroelectric power as a renewable and alternative energy                                                           
source. Signing do pass: Senators Wielechowski, McGuire; Cochairs;                                                              
Senator French. Signing amend: Senator Wagoner.                                                                                 
                                                                                                                                
The following previously published fiscal information applies:                                                                  
          Fiscal Note No. 1, zero, House Special Committee on Energy                                                           
                                                                                                                                
The resolution was referred to the Rules Committee.                                                                             
                                                                                                                                
The presence of Senator Stedman was noted.                                                                                      
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
stand in recess to the Joint Session. Without objection, the Senate                                                             
recessed at 11:03 a.m.                                                                                                          
                                                                                                                                
The consideration of the Governor's appointments in Joint Session will                                                          
be published in Senate and House Joint Journal Supplement No. 6.                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 2:41 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SCR 7                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 7 BY THE SENATE                                                                                
HEALTH AND SOCIAL SERVICES COMMITTEE,                                                                                           

2009-04-16                     Senate Journal                      Page 0999
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning House Bill No. 35, relating to notice and                                                                  
          consent for a minor's abortion; relating to penalties                                                                 
          for performing an abortion; relating to a judicial                                                                    
          bypass procedure for an abortion; relating to coercion                                                                
          of a minor to have an abortion; and relating to                                                                       
          reporting of abortions performed on minors.                                                                           
                                                                                                                                
was read the first time and held on the Secretary's desk.                                                                       
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 101                                                                                                                        
SENATE BILL NO. 101 "An Act relating to questionnaires and                                                                      
surveys administered in the public schools" was read the second time.                                                           
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE BILL NO. 101 was read the third time.                                                                                    
                                                                                                                                
The question being: "Shall SENATE BILL NO. 101 "An Act relating                                                                 
to questionnaires and surveys administered in the public schools" pass                                                          
the Senate?" The roll was taken with the following result:                                                                      
                                                                                                                                
SB 101                                                                                                                          
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Davis, Ellis, French, Hoffman, Kookesh, McGuire, Menard,                                                                 
Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski                                                                   
                                                                                                                                
Nays:  Bunde, Dyson, Huggins, Therriault, Wagoner                                                                               
                                                                                                                                
and so, SENATE BILL NO. 101 passed the Senate and was referred to                                                               
the Secretary for engrossment.                                                                                                  
                                                                                                                                

2009-04-16                     Senate Journal                      Page 1000
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 93                                                                                                                         
HOUSE BILL NO. 93 "An Act relating to unwanted telephone                                                                        
solicitations on a cellular or mobile telephone and making those calls                                                          
to cellular or mobile telephones registered with the national do not call                                                       
registry violations of the Alaska Unfair Trade Practices and Consumer                                                           
Protection Act"  was read the second time.                                                                                      
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
advanced to third reading and placed on final passage. Without                                                                  
objection, it was so ordered.                                                                                                   
                                                                                                                                
HOUSE BILL NO. 93 was read the third time.                                                                                      
                                                                                                                                
Senators Dyson, French, Thomas, Wagoner, Bunde, Ellis, Paskvan,                                                                 
Wielechowski, Menard, Meyer, McGuire, Stedman, Huggins, Stevens                                                                 
moved and asked unanimous consent to be shown as cross sponsors on                                                              
the bill. Without objection, it was so ordered.                                                                                 
                                                                                                                                
The question being: "Shall HOUSE BILL NO. 93 "An Act relating to                                                                
unwanted telephone solicitations on a cellular or mobile telephone and                                                          
making those calls to cellular or mobile telephones registered with the                                                         
national do not call registry violations of the Alaska Unfair Trade                                                             
Practices and Consumer Protection Act" pass the Senate?" The roll                                                               
was taken with the following result:                                                                                            
                                                                                                                                
HB 93                                                                                                                           
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
and so, HOUSE BILL NO. 93 passed the Senate, was signed by the                                                                  
President and Secretary and returned to the House.                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-16                     Senate Journal                      Page 1001
HB 134                                                                                                                        
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" was read the second time.                                                                      
                                                                                                                                
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Senate Committee Substitute offered on                                                              
page 995. Without objection, SENATE CS FOR CS FOR HOUSE                                                                         
BILL NO. 134(FIN) was adopted.                                                                                                  
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 134(FIN) was read the                                                                       
third time.                                                                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 134(FIN) "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"                                                             
pass the Senate?" The roll was taken with the following result:                                                                 
                                                                                                                                
SCS CSHB 134(FIN)                                                                                                               
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 134(FIN)                                                                            
passed the Senate.                                                                                                              
                                                                                                                                

2009-04-16                     Senate Journal                      Page 1002
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.                                                                                                      
                                                                                                                                
HB 152                                                                                                                        
CS FOR HOUSE BILL NO. 152(JUD) "An Act making corrective                                                                        
amendments to the Alaska Statutes as recommended by the revisor of                                                              
statutes; providing for an effective date by repealing the effective date                                                       
of sec. 33, ch. 122, SLA 1977; and providing for an effective date"                                                             
was read the second time.                                                                                                       
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
advanced to third reading and placed on final passage. Without                                                                  
objection, it was so ordered.                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 152(JUD) was read the third time.                                                                         
                                                                                                                                
The question being: "Shall CS FOR HOUSE BILL NO. 152(JUD) "An                                                                   
Act making corrective amendments to the Alaska Statutes as                                                                      
recommended by the revisor of statutes; providing for an effective date                                                         
by repealing the effective date of sec. 33, ch. 122, SLA 1977; and                                                              
providing for an effective date" pass the Senate?" The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
CSHB 152(JUD)                                                                                                                   
Third Reading - Final Passage                                                                                                   
Effective Dates                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  1  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Davis, Dyson, Ellis, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Absent:  Bunde                                                                                                                  
                                                                                                                                
and so, CS FOR HOUSE BILL NO. 152(JUD) passed the Senate.                                                                       
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the effective date clauses.                                                       
Without objection, it was so ordered and the bill was signed by the                                                             
President and Secretary and returned to the House.                                                                              

2009-04-16                     Senate Journal                      Page 1003
                     Second Reading of House Resolutions                                                                     
                                                                                                                                
HJR 22                                                                                                                        
HOUSE JOINT RESOLUTION NO. 22 Urging the United States                                                                          
Senate to ratify the United Nations Convention on the Law of the Sea                                                            
(the Law of the Sea Treaty), was read the second time.                                                                          
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the resolution                                                             
be advanced to third reading and placed on final passage. Without                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 22 was read the third time.                                                                          
                                                                                                                                
Senators Wielechowski, Ellis, Paskvan, McGuire, Meyer, Hoffman,                                                                 
French, Thomas moved and asked unanimous consent to be shown as                                                                 
cross sponsors on the resolution. Without objection, it was so ordered.                                                         
                                                                                                                                
The question being: "Shall HOUSE JOINT RESOLUTION NO. 22                                                                        
Urging the United States Senate to ratify the United Nations                                                                    
Convention on the Law of the Sea (the Law of the Sea Treaty), pass                                                              
the Senate?" The roll was taken with the following result:                                                                      
                                                                                                                                
HJR 22                                                                                                                          
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  15   NAYS:  2   EXCUSED:  0   ABSENT:  2  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Davis, Ellis, French, Hoffman, Kookesh, McGuire, Menard,                                                                 
Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner,                                                                       
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Huggins, Therriault                                                                                                      
                                                                                                                                
Absent:  Bunde, Dyson                                                                                                           
                                                                                                                                
and so, HOUSE JOINT RESOLUTION NO. 22 passed the Senate,                                                                        
was signed by the President and Secretary and returned to the House.                                                            
                                                                                                                                
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - Nunaka Valley Major Girls All-Star Softball Team                                                                     
Senator(s) Wielechowski, Stevens, Bunde, Davis, Dyson, Ellis,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Therriault, Thomas, Wagoner                                                                                   
Representative(s) Petersen                                                                                                      

2009-04-16                     Senate Journal                      Page 1004
Honoring - Rebecca Bowlen                                                                                                       
Representative(s) Johansen                                                                                                      
Senator(s) Stedman, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                               
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Honoring - Jim and Evelyn Moss                                                                                                  
Representative(s) Holmes                                                                                                        
Senator(s) French, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                                
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
In Memoriam - Donald W. "Tex" Burrows                                                                                           
Senator(s) Wielechowski, Stevens, Bunde, Davis, Dyson, Ellis,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Therriault, Thomas, Wagoner                                                                                   
Representative(s) Gruenberg                                                                                                     
                                                                                                                                
In Memoriam - Dannie Wesley Garroutte                                                                                           
Senator(s) Wagoner, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                               
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Therriault, Thomas, Wielechowski                                                                                       
                                                                                                                                
In Memoriam - Bill Tobin                                                                                                        
Representative(s) Holmes, Doogan                                                                                                
Senator(s) French, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                                
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
In Memoriam - Genevieve Lorraine Thompson                                                                                       
Representative(s) Coghill                                                                                                       
Senator(s) Therriault, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                            
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, 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.                                                                                                  
                                                                                                                                
                                                                                                                                

2009-04-16                     Senate Journal                      Page 1005
                             Unfinished Business                                                                             
                                                                                                                                
HB 141                                                                                                                        
President Stevens added a Finance Committee referral to HOUSE                                                                   
BILL NO. 141 "An Act relating to the Interstate Compact for                                                                     
Juveniles; relating to the State Council for Interstate Adult and                                                               
Juvenile Offender Supervision; amending Rules 4 and 24(b), Alaska                                                               
Rules of Civil Procedure; and providing for an effective date."                                                                 
                                                                                                                                
Senator French, Chair, moved and asked unanimous consent that the                                                               
Judiciary Committee referral be waived on HOUSE BILL NO. 141                                                                    
"An Act relating to the Interstate Compact for Juveniles; relating to the                                                       
State Council for Interstate Adult and Juvenile Offender Supervision;                                                           
amending Rules 4 and 24(b), Alaska Rules of Civil Procedure; and                                                                
providing for an effective date." Without objection, the bill was                                                               
referred to the Finance Committee.                                                                                              
                                                                                                                                
HB 105                                                                                                                        
Senator Paskvan, Chair, moved and asked unanimous consent that the                                                              
Labor and Commerce Committee referral be waived on CS FOR                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 105(L&C) "An                                                                              
Act relating to the state training and employment program; and                                                                  
providing for an effective date." Without objection, the bill was                                                               
referred to the Finance Committee.                                                                                              
                                                                                                                                
SJR 22                                                                                                                        
Senator French, Chair, moved and asked unanimous consent that the                                                               
Judiciary Committee referral be waived on CS FOR SENATE JOINT                                                                   
RESOLUTION NO. 22(RES) Opposing litigation that seeks to                                                                        
eliminate the Kenai, Kasilof, and Chitina sockeye salmon personal use                                                           
dip net fisheries. Without objection, the resolution was referred to the                                                        
Rules Committee.                                                                                                                
                                                                                                                                
SR 8                                                                                                                          
Senator McGuire, Cochair, moved and asked unanimous consent that                                                                
the Resources Committee referral be waived on SENATE                                                                            
RESOLUTION NO. 8 Reaffirming support for the environmentally                                                                    
responsible development of the Kensington Gold Mine; and urging the                                                             
governor to encourage and facilitate the prompt continuation or                                                                 

2009-04-16                     Senate Journal                      Page 1006
reinstatement, reactivation, and period extension of permits                                                                    
authorizing the construction and operation of the Kensington Gold                                                               
Mine upon a decision by the United States Supreme Court in favor of                                                             
the Kensington Gold Mine. Without objection, the resolution was                                                                 
referred to the Rules Committee.                                                                                                
                                                                                                                                
Senator Wagoner moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from July 1 through September 1. 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 101                                                                                                                        
SENATE BILL NO. 101 "An Act relating to questionnaires and                                                                      
surveys administered in the public schools" was engrossed, signed by                                                            
the President and Secretary and transmitted to the House for                                                                    
consideration.                                                                                                                  
                                                                                                                                
HB 134                                                                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 134(FIN) "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" was engrossed,                                                               
signed by the President and Secretary and returned to the House for                                                             
consideration.                                                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-16                     Senate Journal                      Page 1007
                                 Adjournment                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
stand in adjournment until 11:00 a.m., April 17, 2009. Without                                                                  
objection, the Senate adjourned at 3:25 p.m.                                                                                    
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    

2009-04-16                     Senate Journal                      Page 1008
                                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                                                                                     
                                                                                                                                
                         COMMUNITY & REGIONAL AFFAIRS                                                                        
                                                                                                                                
Apr 16        Thursday                              Beltz 211         3:30 PM                                                 
+ HB  98 ALCOHOL: MINOR CONSUMING/LOCAL OPTION                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Apr 16        Thursday                  Senate Finance 532            9:00 AM                                                 
+= SB  10 MEDICAID/INS FOR CANCER CLINICAL TRIALS                                                                               
+= HB 134 CRUISE SHIP WASTEWATER DISCHARGE PERMITS                                                                              
+= HB  26 MEDICAID FOR ADULT DENTAL SERVICES                                                                                    
+ HB 121 MUNICIPAL AIR QUALITY PROPERTY TAX CREDIT                                                                              
+= HB 221 MORTGAGE LENDING REGULATION                                                                                           
+= HB 109 EDUC. LOANS: SUPPLEMENTAL & FAMILY                                                                                    
+= HB 172 STATE INVESTMENT IN EDUCATION FUND                                                                                    
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 17        Friday                    Senate Finance 532            9:00 AM                                                 
+= HB 113 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                             
+= HB 121 MUNICIPAL AIR QUALITY PROPERTY TAX CREDIT                                                                             
+= HB 221 MORTGAGE LENDING REGULATION                                                                                           
+ HB  63 COUNCIL DOMESTIC VIOLENCE: MEMBERS, STAFF                                                                              
+ HB 123 SUICIDE PREVENTION COUNCIL                                                                                             
+ HB  78 EXTEND BOARD OF PUBLIC ACCOUNTANCY                                                                                     
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                

2009-04-16                     Senate Journal                      Page 1009
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Apr 17        Friday                          Butrovich 205           1:30 PM                                                 
+= HB  35 NOTICE & CONSENT FOR MINOR'S ABORTION                                                                                 
+ SB 172 ALASKA HEALTH CARE COMMISSION                                                                                          
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Apr 17        Friday                                Beltz 211         1:30 PM                                                 
+ HB 101 EXEMPTIONS: LIFE INSURANCE; ANNUITIES                                                                                  
+ HB 102 UNIFORM COMMERCIAL CODE                                                                                                
+ HB 129 POWER TO REVOKE REAL ESTATE LICENSES                                                                                   
+ HB 201 CONCEALED HANDGUN PERMITS                                                                                              
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Apr 16        Thursday                              Beltz 211         3:45 PM                                                 
              -- Time Change --                                                                                                 
+= SB  60 UNIFORM PROBATE CODE; TRUSTS, WILLS                                                                                   
+ HB 108 PROP. FORECLOSURE/EXECUTION/TRUST DEEDS                                                                                
+ HB 177 MARINE & MOTORIZED RECREATIONAL PRODUCTS                                                                               
+ HB 175 INSURANCE                                                                                                              
     HB 222 MED. INS. ELIGIBILITY/NONDISCRIMINATION                                                                             
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Apr 17        Friday                          Butrovich 205           3:30 PM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Apr 16        Thursday                        Butrovich 205           9:00 AM                                                 
              -- Location Change --                                                                                             
+ SB 189 CONCEALED WEAPON: PARDONS/SIS                                                                                          
+ HB  19 ELIMINATE DAYLIGHT SAVING TIME                                                                                         
+ HB 106 VILLAGE PUBLIC SAFETY OFFICERS                                                                                         
                   ----------------------------------------                                                                    

2009-04-16                     Senate Journal                      Page 1010
                                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