Legislature(2009 - 2010)
2010-04-17 Senate Journal
Full Journal pdf2010-04-17 Senate Journal Page 2417 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE SECOND SESSION Juneau, Alaska Saturday April 17, 2010 Eighty-ninth Day Pursuant to adjournment the Senate was called to order by President Stevens at 3:16 p.m. The roll showed nineteen members present. Senator McGuire was absent. The prayer was offered by the Chaplain, The Reverend Murray Richmond. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O Lord our God, This morning we could not see the sun, but we knew it was still above our heads, warming the earth and providing light. May we be able to look behind the various clouds that appear in our lives, and be able to see the Divine Light, at work in the heart of all situations. May we be able to look beyond the mottled appearances of those around us, and see the Divine Light that resides and works in all people. May we look beyond the self-assured appearances that we project to others, and see the Divine Light that illuminates our inner being. And having seen the Light, may we act in hope, and compassion, and confidence. Amen. 2010-04-17 Senate Journal Page 2418 Senator Stedman led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journal for the eighty-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator McGuire was noted. Messages from the House SB 63 Message dated April 16 was read stating the House passed and returned: CS FOR SENATE BILL NO. 63(JUD) "An Act relating to transfer restrictions on trust interests." The bill was referred to the Secretary for enrollment. SB 83 Message dated April 16 was read stating the House passed and returned: CS FOR SENATE BILL NO. 83(L&C) "An Act repealing the Governor's Committee on Employment of People with Disabilities; creating the State Vocational Rehabilitation Committee and relating to the committee; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 144 Message dated April 16 was read stating the House passed and returned: 2010-04-17 Senate Journal Page 2419 CS FOR SENATE BILL NO. 144(FIN) "An Act relating to hunting permits and tag fees for musk oxen." The bill was referred to the Secretary for enrollment. SB 219 Message dated April 16 was read stating the House passed and returned: CS FOR SENATE BILL NO. 219(FIN) "An Act establishing a traumatic or acquired brain injury program and registry within the Department of Health and Social Services; and relating to medical assistance coverage for traumatic or acquired brain injury services." The bill was referred to the Secretary for enrollment. SCR 20 Message dated April 16 was read stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 20 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 20, relating to commercial fishing loans for energy efficiency upgrades and increasing the maximum amount for certain loans under the Commercial Fishing Loan Act. The resolution was referred to the Secretary for enrollment. HB 20 Message dated April 17 was read stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 20(FIN) "An Act relating to commercial fishing loans for energy efficiency upgrades and increasing the maximum amount for certain loans under the Commercial Fishing Loan Act; and providing for an effective date" thus adopting: 2010-04-17 Senate Journal Page 2420 SENATE CS FOR CS FOR HOUSE BILL NO. 20(FIN) "An Act relating to commercial fishing loans for improving fuel efficiency and increasing the maximum amount for certain loans under the Commercial Fishing Loan Act; and providing for an effective date." (Title Change SCR 20) Message dated April 16 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 23 HOUSE CONCURRENT RESOLUTION NO. 23 BY THE HOUSE JUDICIARY COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 194, relating to penalties and civil damages for certain alcohol violations. was read the first time and held on the Secretary's desk. Concur Messages SB 117 Message dated April 16 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 117(L&C) "An Act requiring the Department of Revenue to set the minimum price for cigarettes for sale by wholesalers and retailers; and prohibiting a wholesaler or retailer from selling at wholesale or retail cigarettes at a lower price than the price set by the Department of Revenue" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 117(L&C) 2010-04-17 Senate Journal Page 2421 Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 117(L&C) Shall the Senate Concur in the House Amendment to CSSB 117(L&C)? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 117(L&C) "An Act requiring the Department of Revenue to set the minimum price for cigarettes for sale by wholesalers and retailers; and prohibiting a wholesaler or retailer from selling at wholesale or retail cigarettes at a lower price than the price set by the Department of Revenue." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 172 Message dated April 16 was received stating the House passed and returned for consideration CS FOR SENATE BILL NO. 172(FIN) am "An Act establishing the Alaska Health Care Commission in the Department of Health and Social Services; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 172(FIN) Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: 2010-04-17 Senate Journal Page 2422 HCS CSSB 172(FIN) Shall the Senate Concur in the House Amendment to CSSB 172(FIN) am? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 172(FIN) "An Act establishing the Alaska Health Care Commission in the Department of Health and Social Services; and providing for an effective date." Senator Ellis moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 194 Message dated April 16 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 194(JUD) "An Act relating to penalties and civil damages for certain alcohol violations" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 194(JUD) am H "An Act relating to penalties and civil damages for certain alcohol violations relating to minors and persons under 21 years of age and relating to expiration of identification cards issued to persons under 21 years of age." (Title Change HCR 23) Senator Ellis moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: 2010-04-17 Senate Journal Page 2423 HCS CSSB 194(JUD) am H Shall the Senate Concur in the House Amendments to CSSB 194(JUD)? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 194(JUD) am H "An Act relating to penalties and civil damages for certain alcohol violations relating to minors and persons under 21 years of age and relating to expiration of identification cards issued to persons under 21 years of age." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HCR 23 Senator Ellis moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 23, which had been held on the Secretary's desk (page 2420). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 194, relating to penalties and civil damages for certain alcohol violations, pass the Senate?" The roll was taken with the following result: HCR 23 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski 2010-04-17 Senate Journal Page 2424 and so, HOUSE CONCURRENT RESOLUTION NO. 23 passed the Senate, was signed by the President and Secretary and returned to the House. SB 243 Message dated April 16 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 243(FIN) "An Act relating to geothermal resources; relating to the royalty obligation for geothermal resources; transferring from the Department of Natural Resources to the Alaska Oil and Gas Conservation Commission authority over permitting and inspection of geothermal wells; providing for a regulatory cost charge for geothermal wells; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 243(RES) Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 243(RES) Shall the Senate Concur in the House Amendment to CSSB 243(FIN)? Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 243(RES) "An Act relating to geothermal resources; relating to the royalty obligation for geothermal resources; transferring from the Department of Natural Resources to the Alaska Oil and Gas Conservation Commission authority over permitting and inspection of geothermal wells; providing for a regulatory cost charge for geothermal wells; and providing for an effective date." 2010-04-17 Senate Journal Page 2425 Senator Ellis moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 265 Message dated April 16 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 265(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 265(JUD) Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 265(JUD) Shall the Senate Concur in the House Amendment to CSSB 265(JUD)? Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 265(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." 2010-04-17 Senate Journal Page 2426 Senator Ellis moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 266 Message dated April 16 was read stating the House passed and returned for consideration SENATE BILL NO. 266 "An Act relating to emergency compensation from the Violent Crimes Compensation Board" with the following amendment: SENATE BILL NO. 266 am H Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: SB 266 am H Shall the Senate Concur in the House Amendment to SB 266? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, the Senate concurred in the House amendment, thus adopting SENATE BILL NO. 266 am H "An Act relating to emergency compensation from the Violent Crimes Compensation Board." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 2010-04-17 Senate Journal Page 2427 SB 277 Message dated April 16 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 277(RES) am "An Act exempting from regulation by the Regulatory Commission of Alaska and by municipalities certain generators of electricity from renewable energy resources that sell electricity to regulated utilities" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 277(L&C) Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 277(L&C) Shall the Senate Concur in the House Amendment to CSSB 277(RES) am? YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Nays: Bunde Absent: Stedman and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 277(L&C) "An Act exempting from regulation by the Regulatory Commission of Alaska and by municipalities certain generators of electricity from renewable energy resources that sell electricity to regulated utilities." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 2010-04-17 Senate Journal Page 2428 SB 279 Message dated April 16 was read stating the House passed and returned for consideration CS FOR SENATE BILL NO. 279(FIN) "An Act relating to regulation of residential mortgage lending, including the licensing of mortgage lenders, mortgage brokers, and mortgage loan originators, and compliance with certain federal laws relating to residential mortgage lending; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 279(FIN) Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 279(FIN) Shall the Senate Concur in the House Amendment to CSSB 279(FIN)? Effective Dates YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Absent: Stedman and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 279(FIN) "An Act relating to regulation of residential mortgage lending, including the licensing of mortgage lenders, mortgage brokers, and mortgage loan originators, and compliance with certain federal laws relating to residential mortgage lending; and providing for an effective date." Senator Ellis moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. 2010-04-17 Senate Journal Page 2429 The bill was referred to the Secretary for enrollment. SB 301 Senator Ellis moved and asked unanimous consent that the concur message on HOUSE CS FOR SENATE BILL NO. 301(RLS) "An Act relating to the power project fund; authorizing the Alaska Energy Authority to charge and collect fees relating to the power project fund; authorizing the Alaska Energy Authority to sell and authorizing the Alaska Industrial Development and Export Authority to purchase loans of the power project fund; providing legislative approval for the sale and purchase of loans of the power project fund under the memorandum of understanding dated February 17, 2010; providing legislative approval for a loan from the power project fund for the Reynolds Creek hydroelectric project; and providing for an effective date" (Title Change HCR 30), which had been held on the Secretary's desk (page 2387), be brought up at this time. Without objection, it was so ordered. Senator Ellis moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS SB 301(RLS) Shall the Senate Concur in the House Amendment to SB 301? Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Absent: Stedman and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 301(RLS) "An Act relating to the power project fund; authorizing the Alaska Energy Authority to charge and collect fees relating to the power project fund; authorizing the Alaska Energy Authority to sell and authorizing the Alaska Industrial Development and Export Authority to purchase loans of the power project fund; providing legislative approval for the sale and 2010-04-17 Senate Journal Page 2430 purchase of loans of the power project fund under the memorandum of understanding dated February 17, 2010; providing legislative approval for a loan from the power project fund for the Reynolds Creek hydroelectric project; and providing for an effective date." Senator Ellis moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HCR 30 Senator Ellis moved and asked unanimous consent to take up HOUSE CONCURRENT RESOLUTION NO. 30, which had been held on the Secretary's desk (page 2383). Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 30 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 301, relating to the power project fund; authorizing the Alaska Energy Authority to charge and collect fees relating to the power project fund; authorizing the Alaska Energy Authority to sell and authorizing the Alaska Industrial Development and Export Authority to purchase loans of the power project fund; and providing legislative approval for the sale and purchase of loans of the power project fund under the memorandum of understanding dated February 17, 2010, pass the Senate?" The roll was taken with the following result: HCR 30 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Absent: Stedman 2010-04-17 Senate Journal Page 2431 and so, HOUSE CONCURRENT RESOLUTION NO. 30 passed the Senate, was signed by the President and Secretary and returned to the House. Standing Committee Reports SB 224 The Finance Committee considered SENATE BILL NO. 224 "An Act establishing the governor's performance scholarship program and relating to the program; establishing the governor's performance scholarship fund and relating to the fund; relating to student records; making conforming amendments; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 224(FIN) "An Act relating to the AlaskAdvantage education grant program; relating to professional student exchange program availability; establishing the Alaska merit scholarship program and relating to the program; relating to student records; making conforming amendments; establishing a Joint Legislative Higher Education Scholarship Task Force; establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date." Signing do pass: Senator Hoffman, Cochair; Senators Thomas, Egan, Ellis. Signing no recommendation: Senator Stedman, Cochair; Senators Huggins, Olson. The following fiscal information was published today: Fiscal Note No. 6, Senate Finance Committee The bill was referred to the Rules Committee. 2010-04-17 Senate Journal Page 2432 HB 306 The Finance Committee considered CS FOR HOUSE BILL NO. 306(RES) "An Act declaring a state energy policy" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 306(FIN) Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Huggins, Thomas, Egan, Ellis. Signing no recommendation: Senator Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Special Committee on Energy The bill was referred to the Rules Committee. Introduction and Reference of Senate Resolutions SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 BY THE SENATE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 294, amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by two years. was read the first time and held on the Secretary's desk. 2010-04-17 Senate Journal Page 2433 Consideration of the Calendar President Stevens stated in accordance with Rule 43(b) of the Uniform Rules, engrossment may be waived on all bills transmitted to the House on this legislative day. Second Reading of Senate Bills SB 4 SENATE BILL NO. 4 "An Act relating to the Alaska coastal management program; and establishing the Alaska Coastal Policy Board" was read the second time. Senator Hoffman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2341. Without objection, CS FOR SENATE BILL NO. 4(FIN) "An Act relating to the Alaska coastal management program; establishing the Alaska Coastal Policy Board; and providing for an effective date by repealing the effective date for the repeal of certain provisions relating to the Alaska coastal management program" 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. CS FOR SENATE BILL NO. 4(FIN) was read the third time. Senator Ellis moved and asked unanimous consent that CS FOR SENATE BILL NO. 4(FIN) be returned to the Rules Committee. Without objection, it was so ordered. Second Reading of House Bills HB 6 CS FOR HOUSE BILL NO. 6(JUD) am "An Act relating to proscribing certain sexual conduct or sexual activities as cruelty to animals" was read the second time. 2010-04-17 Senate Journal Page 2434 Senator French, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1766. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 6(JUD) "An Act relating to cruelty to animals; and relating to aggravating factors at sentencing involving assaultive behavior and cruelty to animals" (Title change SCR 15) 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. 6(JUD) was read the third time. Senators Wielechowski, Ellis moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 6(JUD) "An Act relating to cruelty to animals; and relating to aggravating factors at sentencing involving assaultive behavior and cruelty to animals" pass the Senate?" The roll was taken with the following result: SCS CSHB 6(JUD) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wielechowski Nays: Wagoner Absent: Stedman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 6(JUD) passed the Senate and was referred to the Secretary for engrossment. 2010-04-17 Senate Journal Page 2435 SCR 15 Senator Ellis moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 15, which had been held on the Secretary's desk (page 1767). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 15 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 6, relating to proscribing certain sexual conduct or sexual activities as cruelty to animals, pass the Senate?" The roll was taken with the following result: SCR 15 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stevens, Thomas, Wagoner, Wielechowski Absent: Stedman and so, SENATE CONCURRENT RESOLUTION NO. 15 passed the Senate and was referred to the Secretary for engrossment. HB 168 CS FOR HOUSE BILL NO. 168(FIN) "An Act relating to state certification and designation of trauma centers; creating the trauma care fund to offset trauma care provided at certified and designated trauma centers; 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 2390. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 168(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. 2010-04-17 Senate Journal Page 2436 SENATE CS FOR CS FOR HOUSE BILL NO. 168(FIN) was read the third time. Senators Hoffman, Davis, Olson, Coghill, Wagoner, Thomas, Ellis, Paskvan, Menard, Egan, McGuire, Meyer, 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 SENATE CS FOR CS FOR HOUSE BILL NO. 168(FIN) "An Act relating to state certification and designation of trauma centers; creating the trauma care fund to offset trauma care provided at certified and designated trauma centers; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 168(FIN) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 168(FIN) 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 clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 251 CS FOR HOUSE BILL NO. 251(JUD) "An Act relating to liens on vehicles and to towing, transporting, and storage of vehicles; 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. 2010-04-17 Senate Journal Page 2437 CS FOR HOUSE BILL NO. 251(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 251(JUD) "An Act relating to liens on vehicles and to towing, transporting, and storage of vehicles; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 251(JUD) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Absent: Bunde and so, CS FOR HOUSE BILL NO. 251(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 clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 287 CS FOR HOUSE BILL NO. 287(JUD) "An Act relating to the adoption of the Uniform Disclaimer of Property Interests Act, and to the disclaimer of property rights under the Uniform Probate Code" 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. 287(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 287(JUD) "An Act relating to the adoption of the Uniform Disclaimer of Property Interests Act, and to the disclaimer of property rights under the Uniform Probate Code" pass the Senate?" The roll was taken with the following result: 2010-04-17 Senate Journal Page 2438 CSHB 287(JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, CS FOR HOUSE BILL NO. 287(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. HB 294 CS FOR HOUSE BILL NO. 294(FIN) "An Act amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by two years; providing for an effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, as amended; 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 2391. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 294(FIN) "An Act amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by seven years; providing for an effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, as amended; and providing for an effective date"(Title change SCR 23) 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. 294(FIN) was read the third time. 2010-04-17 Senate Journal Page 2439 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 294(FIN) "An Act amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by seven years; providing for an effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, as amended; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 294(FIN) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 294(FIN) 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 clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SCR 23 Senator Ellis moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 23, which had been held on the Secretary's desk (page 2432). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 294, amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by two years, pass the Senate?" The roll was taken with the following result: 2010-04-17 Senate Journal Page 2440 SCR 23 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, SENATE CONCURRENT RESOLUTION NO. 23 passed the Senate and was referred to the Secretary for engrossment. HB 324 CS FOR HOUSE BILL NO. 324(FIN) "An Act relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to service of process for domestic violence protective orders; making conforming amendments; amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure; and providing for an effective date" was read the second time. Senator French, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2391. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 324(JUD) "An Act relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to sentencing restrictions concerning alcoholic beverages; relating to service of process for domestic violence protective orders; making conforming amendments; amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure; and providing for an effective date" (Title change SCR 22) was adopted. 2010-04-17 Senate Journal Page 2441 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. 324(JUD) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 324(JUD) "An Act relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to sentencing restrictions concerning alcoholic beverages; relating to service of process for domestic violence protective orders; making conforming amendments; amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 324(JUD) Third Reading - Final Passage Court Rules Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, SENATE CS FOR CS FOR HOUSE BILL NO. 324(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 Court Rule changes. Without objection, it was so ordered. 2010-04-17 Senate Journal Page 2442 Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SCR 22 Senator Ellis moved and asked unanimous consent to take up SENATE CONCURRENT RESOLUTION NO. 22, which had been held on the Secretary's desk (page 2394). Without objection, the resolution was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 22 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 324, relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to service of process for domestic violence protective orders; making conforming amendments; and amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure, pass the Senate?" The roll was taken with the following result: SCR 22 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, SENATE CONCURRENT RESOLUTION NO. 22 passed the Senate and was referred to the Secretary for engrossment. HB 342 HOUSE BILL NO. 342 "An Act extending the termination date of the Board of Certified Real Estate Appraisers; and providing for an effective date" was read the second time. 2010-04-17 Senate Journal Page 2443 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. 342 was read the third time. The question being: "Shall HOUSE BILL NO. 342 "An Act extending the termination date of the Board of Certified Real Estate Appraisers; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 342 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, HOUSE BILL NO. 342 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 clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 376 HOUSE BILL NO. 376 "An Act extending the termination date of the Board of Psychologist and Psychological Associate Examiners; 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. HOUSE BILL NO. 376 was read the third time. 2010-04-17 Senate Journal Page 2444 The question being: "Shall HOUSE BILL NO. 376 "An Act extending the termination date of the Board of Psychologist and Psychological Associate Examiners; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 376 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, HOUSE BILL NO. 376 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 clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Second Reading of House Resolutions HJR 47 HOUSE JOINT RESOLUTION NO. 47 Urging the United States Coast Guard to amend its regulations relating to small vessels transporting fuel and supplies to remote communities and businesses in the state, 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. 47 was read the third time. 2010-04-17 Senate Journal Page 2445 The question being: "Shall HOUSE JOINT RESOLUTION NO. 47 Urging the United States Coast Guard to amend its regulations relating to small vessels transporting fuel and supplies to remote communities and businesses in the state, pass the Senate?" The roll was taken with the following result: HJR 47 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski and so, HOUSE JOINT RESOLUTION NO. 47 passed the Senate, was signed by the President and Secretary and returned to the House. HJR 48 HOUSE JOINT RESOLUTION NO. 48 Urging the United States Congress to pass the Crime Victims Fund Preservation Act, 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. 48 was read the third time. The question being: "Shall HOUSE JOINT RESOLUTION NO. 48 Urging the United States Congress to pass the Crime Victims Fund Preservation Act, pass the Senate?" The roll was taken with the following result: HJR 48 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski 2010-04-17 Senate Journal Page 2446 and so, HOUSE JOINT RESOLUTION NO. 48 passed the Senate, was signed by the President and Secretary and returned to the House. HJR 49 CS FOR HOUSE JOINT RESOLUTION NO. 49(RES) Urging the United States Congress to enact S.J. Res. 26, a resolution disapproving the Environmental Protection Agency's imposition of climate regulations that would harm Alaska's economy and the livelihoods of the state's citizens, 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. CS FOR HOUSE JOINT RESOLUTION NO. 49(RES) was read the third time. The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 49(RES) Urging the United States Congress to enact S.J. Res. 26, a resolution disapproving the Environmental Protection Agency's imposition of climate regulations that would harm Alaska's economy and the livelihoods of the state's citizens, pass the Senate?" The roll was taken with the following result: CSHJR 49(RES) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Absent: Olson and so, CS FOR HOUSE JOINT RESOLUTION NO. 49(RES) passed the Senate, was signed by the President and Secretary and returned to the House. 2010-04-17 Senate Journal Page 2447 HCR 22 CS FOR HOUSE CONCURRENT RESOLUTION NO. 22(FIN) was read the second time and was before the Senate on final passage. The question being: "Shall CS FOR HOUSE CONCURRENT RESOLUTION NO. 22(FIN) Establishing and relating to the Alaska Northern Waters Task Force, pass the Senate?" The roll was taken with the following result: CSHCR 22(FIN) Second Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Coghill, Davis, Dyson, Egan, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan, Stedman, Stevens, Thomas, Wagoner, Wielechowski Absent: Olson and so, CS FOR HOUSE CONCURRENT RESOLUTION NO. 22(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. Citations In Memoriam - Lucy Ann K. Carlo Representative(s) Kawasaki Senator(s) Kookesh, Paskvan, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, McGuire, Menard, Meyer, Olson, Stedman, Thomas, Wagoner, Wielechowski In Memoriam - Jean Flanagan Carlo Representative(s) Guttenberg Senator(s) Thomas, Stevens, Bunde, Coghill, Davis, Dyson, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, 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. 2010-04-17 Senate Journal Page 2448 Senator Ellis moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Representative Harry Crawford Representative(s) Kerttula, Munoz Senator(s) Davis, Egan, Stevens, Bunde, Coghill, Dyson, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Thomas, Wagoner, Wielechowski Senator Ellis moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business HB 50 Senators Ellis, Davis, Kookesh, French, Wagoner, Paskvan, Wielechowski, Egan moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 50(FIN) "An Act relating to limitations on mandatory overtime for registered nurses and licensed practical nurses in health care facilities; and providing for an effective date." Without objection, it was so ordered. HJR 49 Senators McGuire, Menard, Huggins, Wagoner moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE JOINT RESOLUTION NO. 49(RES) Urging the United States Congress to enact S.J. Res. 26, a resolution disapproving the Environmental Protection Agency's imposition of climate regulations that would harm Alaska's economy and the livelihoods of the state's citizens. Without objection, it was so ordered. 2010-04-17 Senate Journal Page 2449 Recess Senator Ellis moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 4:47 p.m. After Recess The Senate reconvened at 5:31 p.m. Senator Ellis moved and asked unanimous consent that the Senate return to Standing Committee Reports. Without objection, the Senate returned to: Standing Committee Reports HB 381 The Judiciary Committee considered CS FOR HOUSE BILL NO. 381(JUD) "An Act relating to self defense in any place where a person has a right to be" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 381(JUD) (forthcoming) Signing no recommendation: Senator French, Chair; Senators Wielechowski, Egan. Signing do pass: Senator McGuire. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 3, indeterminate, House Finance Committee The bill was referred to the Finance Committee. Senator Ellis moved and asked unanimous consent that the Senate adopt the First Supplemental Calendar. Without objection, it was so ordered. 2010-04-17 Senate Journal Page 2450 Consideration of the First Supplemental Calendar Second Reading of Senate Bills SB 224 SENATE BILL NO. 224 "An Act establishing the governor's performance scholarship program and relating to the program; establishing the governor's performance scholarship fund and relating to the fund; relating to student records; making conforming amendments; and providing for an effective date" was read the second time. Senator Hoffman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2431. Without objection, CS FOR SENATE BILL NO. 224(FIN) "An Act relating to the AlaskAdvantage education grant program; relating to professional student exchange program availability; establishing the Alaska merit scholarship program and relating to the program; relating to student records; making conforming amendments; establishing a Joint Legislative Higher Education Scholarship Task Force; establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date" 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. CS FOR SENATE BILL NO. 224(FIN) was read the third time. Recess President Stevens stated the Senate would stand in recess to a call of the Chair. There being no objection, the Senate recessed at 5:45 p.m. After Recess The Senate reconvened at 8:20 p.m. 2010-04-17 Senate Journal Page 2451 SB 224 Senator Ellis moved for the adoption of the following Letter of Intent for CS FOR SENATE BILL NO. 224(FIN) "An Act relating to the AlaskAdvantage education grant program; relating to professional student exchange program availability; establishing the Alaska merit scholarship program and relating to the program; relating to student records; making conforming amendments; establishing a Joint Legislative Higher Education Scholarship Task Force; establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date": Letter of Intent It is the intent of the Senate to establish a scholarship program with the following provisions. All funding and the Alaska Merit Scholarship program will go into effect July 1, 2010. The program goes into effect for students who graduate in the Spring semester of 2010. Sec. 14.43.825. Maximum annual awards. (a) The maximum annual awards for the Alaska merit scholarship program scholarships are as follows: (1) the first award level is $4,755 and requires a 3.5 grade-point average or above and a very high score on a college entrance examination; (2) the second award level is $3,566 and requires a 3.0 grade- point average or above and a high score on a college entrance examination; (3) the third award level is $2,378 and requires a 2.5 grade-point average or above and a moderately high score on a college entrance examination. Appropriations to the Alaska Merit Scholarship Program The commission shall distribute not more than $7,000,000 or, if available funding from appropriations and other sources is less than that amount, the full amount available in grant awards on behalf of eligible students under AS 14.43.810. Payments shall be made directly to the postsecondary or lending institution if feasible. If available funds are insufficient to fully fund grants to 2010-04-17 Senate Journal Page 2452 eligible students, the commission shall distribute funds to eligible applicants on a pro rata basis. It is the intent of the Legislature that the subsection above will be repealed June 30, 2011 Appropriations to AlaskAdvantage Grant Program The commission shall distribute not more than $3,000,000 or, if available funding from appropriations and other sources is less than that amount, the full amount available in grant awards on behalf of eligible students under AS 14.43.415. Payments shall be made directly to the postsecondary or lending institution if feasible. If available funds are insufficient to fully fund grants to eligible students, the commission shall distribute funds to eligible applicants on a pro rata basis. It is the intent of the Legislature that the subsection above will be repealed June 30, 2011 Without objection, the Senate Letter of Intent was adopted. The question being: "Shall CS FOR SENATE BILL NO. 224(FIN) "An Act relating to the AlaskAdvantage education grant program; relating to professional student exchange program availability; establishing the Alaska merit scholarship program and relating to the program; relating to student records; making conforming amendments; establishing a Joint Legislative Higher Education Scholarship Task Force; establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 224(FIN) Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Davis, Egan, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Absent: Bunde, Coghill, Dyson, French, Wagoner and so, CS FOR SENATE BILL NO. 224(FIN) passed the Senate. 2010-04-17 Senate Journal Page 2453 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. Unfinished Business HB 381 President Stevens stated CS FOR HOUSE BILL NO. 381(JUD) "An Act relating to self defense in any place where a person has a right to be" would be returned to the Judiciary Committee. The bill was referred to the Judiciary, then Finance Committees. Announcements Announcements are at the end of the journal. Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Engrossment SB 224 CS FOR SENATE BILL NO. 224(FIN) "An Act relating to the AlaskAdvantage education grant program; relating to professional student exchange program availability; establishing the Alaska merit scholarship program and relating to the program; relating to student records; making conforming amendments; establishing a Joint Legislative Higher Education Scholarship Task Force; establishing an advisory task force on higher education and career readiness in the legislative branch of government; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration with a Senate Letter of Intent. 2010-04-17 Senate Journal Page 2454 HB 6 SENATE CS FOR CS FOR HOUSE BILL NO. 6(JUD) "An Act relating to cruelty to animals; and relating to aggravating factors at sentencing involving assaultive behavior and cruelty to animals" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 168 SENATE CS FOR CS FOR HOUSE BILL NO. 168(FIN) "An Act relating to state certification and designation of trauma centers; creating the trauma care fund to offset trauma care provided at certified and designated trauma centers; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 294 SENATE CS FOR CS FOR HOUSE BILL NO. 294(FIN) "An Act amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by seven years; providing for an effective date by amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, as amended; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 324 SENATE CS FOR CS FOR HOUSE BILL NO. 324(JUD) "An Act relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to sentencing restrictions concerning alcoholic beverages; relating to service of process for domestic violence protective orders; making conforming amendments; amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2010-04-17 Senate Journal Page 2455 SCR 15 SENATE CONCURRENT RESOLUTION NO. 15 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 6, relating to proscribing certain sexual conduct or sexual activities as cruelty to animals, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 22 SENATE CONCURRENT RESOLUTION NO. 22 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 324, relating to the crime of failure to appear; relating to arrest for violating certain conditions of release; relating to release before trial, before sentence, and pending appeal; relating to material witnesses; relating to temporary release; relating to release on a petition to revoke probation; relating to the first appearance before a judicial officer after arrest; relating to service of process for domestic violence protective orders; making conforming amendments; and amending Rules 5 and 41, Alaska Rules of Criminal Procedure, and Rules 206 and 603, Alaska Rules of Appellate Procedure, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 294, amending the termination date of certain statutes relating to the use, operation, and regulation of boats, a uniform state waterway marking system, and civil liability for boat owners by extending the termination date by two years, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 18, 2010. Without objection, the Senate adjourned at 8:25 p.m. Kirsten Waid Secretary of the Senate 2010-04-17 Senate Journal Page 2456 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled FINANCE Apr 17 Saturday Senate Finance 532 9:00 AM += HB 357 AK RAILROAD CORP. LAND SALES += HB 365 FISH PROCESSOR FEES, LICENSES, RECORDS += HB 126 EXTEND/RESUME STATE CUSTODY OF CHILDREN += HB 184 DEBT AUTHORIZATION FOR UNIVERSITY += HB 421 PUBLIC EMPLOYEE SALARIES += HB 226 NAMING VETERANS' WAY IN MAT-SU += HB 90 AIDEA: BONDING/TAXATION/RECORDS += HB 314 WORKERS' COMPENSATION += HB 73 FIREFIGHTER/EMT LICENSE PLATES += HB 416 PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS + HB 50 LIMIT OVERTIME FOR REGISTERED NURSES + HB 363 AIDEA MEMBERSHIP + HB 70 ALASKA GROWN AGRICULTURAL PRODUCTS + HB 345 SAM SCHUYLER MEMORIAL BRIDGE + HJR 45 OPPOSE FEDERAL CAP AND TRADE LEGISLATION + Bills Previously Heard/Scheduled += HB 306 STATE ENERGY POLICY Apr 17 Saturday Senate Finance 532 1:30 PM + HB 36 INITIATIVES: CONTRIBUTIONS/ PROCEDURES <Pending Referral> + HB 225 STATE PROCUREMENT CODE <Pending Referral> Bills Previously Heard/Scheduled 2010-04-17 Senate Journal Page 2457 FINANCE (continued) Apr 18 Sunday Senate Finance 532 9:00 AM -- MEETING CANCELED -- += HB 280 NATURAL GAS: STORAGE/ TAX CREDITS += HB 424 G.O. BONDS:EDUC./LIBRARY/RESEARCH FACIL. += HB 369 IN-STATE PIPELINE/ MANAGER/TEAM += HB 50 LIMIT OVERTIME FOR REGISTERED NURSES += HB 363 AIDEA MEMBERSHIP += HB 345 SAM SCHUYLER MEMORIAL BRIDGE += HB 314 WORKERS' COMPENSATION += HB 36 INITIATIVES: CONTRIBUTIONS/ PROCEDURES <Pending Referral> += HB 225 STATE PROCUREMENT CODE <Pending Referral> += HB 326 SUPPLEMENTAL/OTHER APPROPRIATIONS + PERS/TRS Presentation + Bills Previously Heard/Scheduled Apr 18 Sunday Senate Finance 532 1:30 PM + Bills Previously Heard/Scheduled + PERS/TRS Presentation ---------------------------------------- JUDICIARY Apr 17 Saturday Butrovich 205 9:00 AM -- Immediately Following Session -- + Bills Previously Heard/Scheduled += HB 381 SELF DEFENSE Apr 18 Sunday Fahrenkamp 203 10:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- CONFERENCE COMMITTEES CONFERENCE COMMITTEE ON HB 300 & HB 302 Apr 17 Saturday Senate Finance 532 1:00 PM -- MEETING CANCELED -- = HB 300 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 302 APPROP: MENTAL HEALTH BUDGET Fiscal Notes Remaining Open Items 2010-04-17 Senate Journal Page 2458 CONFERENCE COMMITTEES (continued) CONFERENCE COMMITTEE ON HB 300 & HB 302 (continued) Apr 18 Sunday Senate Finance 532 11:00 AM = HB 300 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 302 APPROP: MENTAL HEALTH BUDGET Fiscal Notes Remaining Open Items