Legislature(2007 - 2008)

2007-01-17 Senate Journal

Full Journal pdf

2007-01-17                     Senate Journal                      Page 0035
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-FIFTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday                 January 17, 2007                                                   
                                                                                                                                
                                  Second Day                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Green at 6:41 p.m.                                                                                                              
                                                                                                                                
The roll showed seventeen members present. Senators Ellis, Hoffman,                                                             
Therriault were absent.                                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, David Dierdorff of the Juneau                                                           
Unitarian Universalist Fellowship. Senator Hoffman moved and asked                                                              
unanimous consent that the prayer be spread (see page 39). Without                                                              
objection, it was so ordered.                                                                                                   
                                                                                                                                
       Spirit of life and love, God of many names, thou who art                                                                 
       the vital center of our lives.                                                                                           
                                                                                                                                
       Help us to look to the past with gratitude and to the                                                                    
       future with hope. We remember this day those who have                                                                    
       gone before us, who labored not for themselves alone but                                                                 
       with a vision of building for the future a state and world                                                               
       better than they had known. Inspire in us also a like                                                                    
       vision, that we too may labor for things beyond                                                                          
       ourselves, that our lives may be dedicated to high                                                                       
       purposes and grand horizons. Make us unafraid of hopes                                                                   
       and dreams; release us from cynicism and despair.                                                                        
                                                                                                                                
       Teach us to be realistic about our limitations but never to                                                              
       lose hope in our potential to transcend them. Help us                                                                    
       realize the significance of these moments together, that                                                                 
       they may open our eyes to the blessings of the past and                                                                  
       the promise of the future.                                                                                               

2007-01-17                     Senate Journal                      Page 0036
          Grant us courage for today and tomorrow.                                                                              
                                                                                                                                
 So be it.                                                              Amen.                                                  
                                                                                                                                
Senator Huggins led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the journal                                                              
for the first legislative day be approved as certified by the Acting                                                            
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
Message dated November 29, 2006 regarding the Kivalina Sea Wall                                                                 
(2006 Southern Storm Disaster) was received. The message, enclosed                                                              
Administrative Order No. 231 and finance plan had been copied to the                                                            
Finance Committee Cochairs.                                                                                                     
                                                                                                                                
Message dated November 29, 2006 regarding an updated financial                                                                  
plan for the 2006 Hooper Bay Fire Disaster was received. The                                                                    
message, enclosed financial plan, other correspondence and summary                                                              
had been copied to the Finance Committee Cochairs.                                                                              
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Messages dated January 17 were read, stating:                                                                                   
                                                                                                                                
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-fifth Alaska Legislature at 11:00 a.m. on                                                                 
Thursday, February 22 for the purpose of hearing Senator                                                                        
Murkowski's annual message to the Legislature.                                                                                  
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
accept the House invitation to meet in Joint Session. Without                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                

2007-01-17                     Senate Journal                      Page 0037
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The presence of Senator Hoffman was noted.                                                                                      
                                                                                                                                
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-fifth Alaska Legislature at 11:00 a.m. on                                                                 
Wednesday, February 28 for the purpose of hearing Chief Justice                                                                 
Dana Fabe's annual State of the Judiciary message to the Legislature.                                                           
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
accept the House invitation to meet in Joint Session. Without                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                                Communications                                                                               
                                                                                                                                
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
   th                                                                                                                           
68 Annual Report, Calendar Year 2005 - Fiscal Year 2006                                                                         
from Linda S. Hall, Director, Division of Insurance                                                                             
Department of Commerce, Community and Economic Development                                                                      
in accordance with AS 21.06.110                                                                                                 
                                                                                                                                
Louisiana State, 2006 Second Extraordinary Session                                                                              
House Concurrent Resolution No. 33 (preserve the right to                                                                       
acknowledge God to the states and to the people)                                                                                
from Alfred W. Speer, Clerk of the House of Representatives                                                                     
                                                                                                                                
The presence of Senator Therriault was noted.                                                                                   
                                                                                                                                
2006 Report Listing Alaska Statutes with Delayed Repeals or Delayed                                                             
Amendments and Examining Court Decisions and Opinions of the                                                                    
Attorney General Construing Alaska Statutes                                                                                     
from Division of Legal and Research Services                                                                                    
Legislative Affairs Agency                                                                                                      
in accordance with AS 24.20.065(b)                                                                                              
                                                                                                                                

2007-01-17                     Senate Journal                      Page 0038
The following Budget and Audit Reports were received from Pat                                                                   
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                                              
are on file in the Office of the Secretary of the Senate:                                                                       
                                                                                                                                
Department of Public Safety, Alcoholic Beverage Control Board,                                                                  
Sunset Review, August 31, 2006                                                                                                  
                                                                                                                                
Department of Commerce, Community and Economic Development,                                                                     
Board of Marine Pilots, Sunset Review, October 13, 2006                                                                         
                                                                                                                                
Department of Health and Social Services, Kenai Peninsula                                                                       
Community Care Center Selected Operational Issues                                                                               
October 13, 2006                                                                                                                
                                                                                                                                
Department of Administration, Professional Services Procurement                                                                 
Process, October 17, 2006                                                                                                       
                                                                                                                                
Department of Commerce, Community and Economic Development,                                                                     
Regulatory Commission of Alaska, Sunset Review, October 20, 2006                                                                
                                                                                                                                
Department of Commerce, Community and Economic Development,                                                                     
State Medical Board, Sunset Review, October 3, 2006                                                                             
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 56                                                                                                                         
SENATE BILL NO. 56 BY SENATOR DAVIS, entitled:                                                                                  
                                                                                                                                
             "An Act relating to security deposits, prepaid rent,                                                              
          and interest in landlord-tenant transactions."                                                                        
                                                                                                                                
was read the first time and referred to the Labor and Commerce,                                                                 
Judiciary and State Affairs Committees.                                                                                         
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the                                                                      
following citation be made a special order of business. Without                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                

2007-01-17                     Senate Journal                      Page 0039
                          Special Order of Business                                                                          
                                                                                                                                
Honoring - Ron Duncan, Junior Achievement Alaska Business Hall of                                                               
Fame                                                                                                                            
Senators McGuire, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                   
Elton, French, Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens,                                                              
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the citation                                                             
be adopted. Without objection, the citation was adopted and referred to                                                         
the Secretary for transmittal.                                                                                                  
                                                                                                                                
Senator Hoffman moved and asked unanimous consent that the prayer                                                               
be spread. Without objection, it was so ordered (see page 35).                                                                  
                                                                                                                                
Senator Stevens moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from afternoon plane time, January 18 to                                                              
morning plane time, January 22. Without objection, Senator Stevens                                                              
was excused.                                                                                                                    
                                                                                                                                
Senator Dyson moved and asked unanimous consent to be excused                                                                   
from a call of the Senate from noon, January 19 to noon, January 20.                                                            
Without objection, Senator Dyson was excused.                                                                                   
                                                                                                                                
The presence of Senator Ellis was noted.                                                                                        
                                                                                                                                
Senator Huggins moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from evening plane time, January 18 to                                                                
evening plane time, January 21. Without objection, Senator Huggins                                                              
was excused.                                                                                                                    
                                                                                                                                
Senator Kookesh moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from January 19 to plane time, January 20.                                                            
Without objection, Senator Kookesh was excused.                                                                                 
                                                                                                                                
Senator Davis moved and asked unanimous consent to be excused                                                                   
from a call of the Senate from January 25 through January 27. Without                                                           
objection, Senator Davis was excused.                                                                                           
                                                                                                                                
                                                                                                                                

2007-01-17                     Senate Journal                      Page 0040
Senator Wagoner moved and asked unanimous consent to be excused                                                                 
from a call of the Senate from plane time, January 19 to morning plane                                                          
time, January 21. Without objection, Senator Wagoner was excused.                                                               
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
stand in recess to the Joint Session. Without objection, the Senate                                                             
recessed at 6:50 p.m.                                                                                                           
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
                          Joint Session in the House                                                                         
                                                                                                                                
Speaker Harris called the House to order and in accordance with                                                                 
Uniform Rule 51 turned the gavel over to President Green, who called                                                            
the Joint Session to order at 7:02 p.m.                                                                                         
                                                                                                                                
The purpose of the Joint Session was to hear an address by the                                                                  
Honorable Sarah Palin, Governor.                                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the roll call                                                            
of the Senate be waived and all members be shown as present.                                                                    
Without objection, it was so ordered.                                                                                           
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call of the House be waived and all members be shown as present.                                                           
Without objection, it was so ordered.                                                                                           
                                                                                                                                
President Green appointed Senator Therriault and Representative                                                                 
Stoltze to escort Governor Sarah Palin to the Joint Session.                                                                    
                                                                                                                                
                                                                                                                                

2007-01-17                     Senate Journal                      Page 0041
The Senate Sergeant at Arms, Gary Stambaugh, announced Governor                                                                 
Palin's entrance to the House Chamber.                                                                                          
                                                                                                                                
The Honorable Sarah Palin was escorted to the rostrum and welcomed                                                              
by President Green.                                                                                                             
                                                                                                                                
Governor Palin delivered her address. This address appears in House                                                             
and Senate Joint Journal Supplement No. 1.                                                                                      
                                                                                                                                
Governor Sarah Palin received a standing ovation and was escorted                                                               
from the chamber by Representative Stoltze and Senator Therriault.                                                              
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Joint                                                                
Session stand in adjournment. Without objection, President Green                                                                
adjourned the Joint Session at 7:38 p.m.                                                                                        
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
                                In the Senate                                                                                
                                                                                                                                
The Senate reconvened at 7:40 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
                          Engrossment and Enrollment                                                                         
                                                                                                                                
SR 1                                                                                                                          
SENATE RESOLUTION NO. 1 Establishing a Senate Special                                                                           
Committee on Education, was engrossed and enrolled, signed by the                                                               
President and Secretary and the engrossed and enrolled copies                                                                   
transmitted to the Office of the Governor at 12:02 p.m., January 17,                                                            
2007.                                                                                                                           
                                                                                                                                
SR 2                                                                                                                          
SENATE RESOLUTION NO. 2 Establishing a Senate Special                                                                           
Committee on World Trade and State/Federal Relations, was                                                                       
engrossed and enrolled, signed by the President and Secretary and the                                                           
engrossed and enrolled copies transmitted to the Office of the                                                                  
Governor at 12:02 p.m., January 17, 2007.                                                                                       
                                                                                                                                

2007-01-17                     Senate Journal                      Page 0042
                                 Adjournment                                                                                 
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 10:00 a.m., January 19, 2007. Without                                                                
objection, the Senate adjourned at 7:41 p.m.                                                                                    
                                                                                                                                
                                                                Kirsten Waid                                                    
                                             Acting Secretary of the Senate                                                     
                                                                                                                                
                                                                                                                                

2007-01-17                     Senate Journal                      Page 0043
                                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                                                                        
                                                                                                                                
Jan 18        Thursday                              Beltz 211         3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 23        Tuesday                               Beltz 211         3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 25        Thursday                              Beltz 211         3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Jan 17        Wednesday                 Senate Finance 532            9:00 AM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 19        Friday                    Senate Finance 532            9:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                     HEALTH, EDUCATION & SOCIAL SERVICES                                                                     
                                                                                                                                
Jan 17        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 19        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              

2007-01-17                     Senate Journal                      Page 0044
               HEALTH, EDUCATION & SOCIAL SERVICES (continued)                                                               
                                                                                                                                
Jan 22        Monday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 24        Wednesday                       Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 26        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Jan 17        Wednesday                             Beltz 211         1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 19        Friday                                Beltz 211         1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Jan 18        Thursday                     Fahrenkamp 203             1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Jan 17        Wednesday                       Butrovich 205           3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 19        Friday                          Butrovich 205           3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Jan 18        Thursday                              Beltz 211         9:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                

2007-01-17                     Senate Journal                      Page 0045
                                TRANSPORTATION                                                                               
                                                                                                                                
Jan 18        Thursday                        Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                   AK CLIMATE IMPACT ASSESSMENT COMMISSION                                                                   
                                                                                                                                
Jan 24        Wednesday                 Senate Finance 532            8:00 AM                                                 
+             Invited Testimony 8:00 am to 5:00 pm                                                                              
+             Public Testimony 6:00 pm to 8:00 pm                                                                               
                   ----------------------------------------                                                                    
                                                                                                                                
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                   
                                                                                                                                
Jan 18        Thursday                   Terry Miller Gym             9:00 AM                                                 
              Legislator Ethics Workshop                                                                                        
              9:00 am to 4:30 pm (Lunch break at noon)                                                                          
              "Ethical Dimensions of Political                                                                                  
              Leadership" by Michael Josephson,                                                                                 
              Josephson Institute of Ethics                                                                                     
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
Jan 17        Wednesday                    House Chamber              7:00 PM                                                 
              Annual State of the State and State of                                                                            
              the Budget Address by the Honorable                                                                               
              Sarah Palin, Governor of Alaska                                                                                   
                                                                                                                                
Feb 22        Thursday                     House Chamber            11:00 AM                                                  
              Address by the Honorable                                                                                          
              Lisa Murkowski, U.S. Senator                                                                                      
                                                                                                                                
Feb 28        Wednesday                    House Chamber            11:00 AM                                                  
              Chief Justice Dana Fabe's                                                                                         
              Annual State of the Judiciary Message