Legislature(2007 - 2008)

2007-01-31 Senate Journal

Full Journal pdf

2007-01-31                     Senate Journal                      Page 0129
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-FIFTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday                 January 31, 2007                                                   
                                                                                                                                
                                Sixteenth Day                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Green at 11:08 a.m.                                                                                                             
                                                                                                                                
The roll showed twenty members present.                                                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Pastor Gary Waterhouse of                                                               
the Juneau and Sitka Seventh-Day Adventist Churches. Senator                                                                    
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
       Lord, you have given to each of us a mission on this                                                                     
       earth, a reason for our existence, something that gives                                                                  
       meaning to our lives. These men and women who                                                                            
       assemble here today have determined that part of their                                                                   
       mission is servanthood. We thank you for each of them                                                                    
       and their dedication to the people of Alaska. Most of                                                                    
       those who serve are away from their home for months                                                                      
       out of every year. By serving in these halls, some for a                                                                 
       decade or more, they have of necessity missed some                                                                       
       important celebrations and events, birthdays and                                                                         
       anniversaries. Thank you, Lord for each of them and their                                                                
       allegiance to the people of Alaska. Give to each of them                                                                 
       health and strength and safe travels as they serve.                                                                      
                                                                                                                                
       We also thank you for the assistants and clerks, sergeant                                                                
       at arms and pages, the secretaries and janitors, who work                                                                
       together to help in the smooth proceedings in this                                                                       
       building. May everyone here know their work is valued                                                                    
       and appreciated.                                                                                                         

2007-01-31                     Senate Journal                      Page 0130
       We would also remember today those who serve in our                                                                      
       armed forces, many of whom are in harm's way. Comfort                                                                    
       the families of those who have suffered loss and soon                                                                    
       bring an end to all conflict.                                                                                            
                                                                                                                                
      We pray these things in thy name.                           Amen.                                                        
                                                                                                                                
Senator Bunde led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the journals                                                             
for the fourteenth and fifteenth legislative days be approved as                                                                
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Message dated January 30 was read, stating the Speaker pro tempore                                                              
made the following appointments:                                                                                                
                                                                                                                                
Victims' Advocate Selection Committee                                                                                         
 Representative Hawker                                                                                                          
 Representative Olson                                                                                                           
 Representative Nelson                                                                                                          
                                                                                                                                
Message dated January 30 was read, stating the House passed and                                                                 
transmitted for consideration:                                                                                                  
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 69                                                                                                                         
CS FOR HOUSE BILL NO. 69(JUD) BY THE HOUSE JUDICIARY                                                                            
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
          "An Act relating to executive clemency."                                                                              
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                
                                                                                                                                

2007-01-31                     Senate Journal                      Page 0131
                                Communications                                                                               
                                                                                                                                
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
Fiscal Year 2007 Operating Grants                                                                                               
from Karleen K. Jackson, Commissioner                                                                                           
Department of Health and Social Services                                                                                        
                                                                                                                                
National Petroleum Reserve-Alaska (NPR-A)                                                                                       
Impact Mitigation Grant Program                                                                                                 
Report to the Twenty-fifth Legislature                                                                                          
from Michael Black, Director, Division of Community Advocacy                                                                    
Department of Commerce, Community and Economic Development                                                                      
in accordance with AS 37.05.530(c)                                                                                              
                                                                                                                                
Annual Loan Fund Report FY 2006                                                                                                 
from Mike Maher, Acting Commissioner                                                                                            
Department of Environmental Conservation                                                                                        
in accordance with AS 37.05.035                                                                                                 
                                                                                                                                
FY 2007 Annual Fee Report                                                                                                       
from Karen Rehfeld, Director, Office of Management and Budget                                                                   
Office of the Governor                                                                                                          
in accordance with AS 37.10.050(c)                                                                                              
                                                                                                                                
2006 Annual Report of Fisheries Enhancement Term Extensions                                                                     
from Emil Notti, Commissioner                                                                                                   
Department of Commerce, Community and Economic Development                                                                      
in accordance with AS 16.10.510(11)                                                                                             
                                                                                                                                
Annual State Loan Report FY06 and                                                                                               
Annual Report of Reinstatements FY06                                                                                            
from Emil Notti, Commissioner                                                                                                   
Department of Commerce, Community and Economic Development                                                                      
in accordance with AS 37.05.035 and AS 16.10.350(b)                                                                             
                                                                                                                                
Bradley Lake Hydroelectric Project                                                                                              
Annual Capital Project Status Report                                                                                            
from Ron Miller, Executive Director                                                                                             
Alaska Energy Authority                                                                                                         
in accordance with AS 44.83.950(b)                                                                                              

2007-01-31                     Senate Journal                      Page 0132
Annual Review of Assets                                                                                                         
from Ron Miller, Executive Director                                                                                             
Alaska Industrial Development and Export Authority                                                                              
in accordance with AS 44.88.205                                                                                                 
                                                                                                                                
2006 Annual Report                                                                                                              
from Lela F. Klingert, President                                                                                                
Alaska Commercial Fishing and Agriculture Bank                                                                                  
in accordance with AS 44.81.200                                                                                                 
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 46                                                                                                                         
The Resources Committee considered SENATE BILL NO. 46 "An                                                                       
Act relating to the Alaska coastal management program; providing for                                                            
an effective date by amending the effective date of sec. 45, ch. 24,                                                            
SLA 2003, as amended by sec. 21, ch. 31, SLA 2005; and providing                                                                
for an effective date" and recommended it be replaced with                                                                      
                                                                                                                                
          CS FOR SENATE BILL NO. 46(RES)                                                                                        
                                                                                                                                
Signing do pass: Senator Huggins, Chair; Senators Green, Stedman.                                                               
Signing no recommendation: Senator McGuire.                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Natural Resources                                                                       
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 70                                                                                                                         
SENATE BILL NO. 70 BY SENATOR BUNDE, entitled:                                                                                  
                                                                                                                                
          "An Act relating to per diem for the legislative                                                                      
          branch and prohibiting legislators who reside in the                                                                  
          state capital from receiving per diem during sessions;                                                                
          and providing for an effective date."                                                                                 

2007-01-31                     Senate Journal                      Page 0133
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
                           th                                                                                                   
Honoring - Barrow, 125 Anniversary, International Polar Year                                                                    
Representative(s) Joule                                                                                                         
Senator(s) Olson, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                                            
Hoffman, Huggins, Kookesh, McGuire, 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.                                                                                                  
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
SB 46                                                                                                                         
Senator Stedman, Cochair, moved and asked unanimous consent that                                                                
the Finance Committee referral be waived on SENATE BILL NO. 46                                                                  
"An Act relating to the Alaska coastal management program;                                                                      
providing for an effective date by amending the effective date of sec.                                                          
45, ch. 24, SLA 2003, as amended by sec. 21, ch. 31, SLA 2005; and                                                              
providing for an effective date." Without objection, the bill was                                                               
referred to the Rules Committee.                                                                                                
                                                                                                                                
                                                                                                                                
President Green made the following appointments:                                                                                
                                                                                                                                
Joint Armed Services Committee                                                                                                
 George Cannelos, reappointed public member                                                                                     
 Chick Wallace, reappointed public member                                                                                       
 Joel Casto, public member                                                                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-01-31                     Senate Journal                      Page 0134
Senator Dyson moved and asked unanimous consent to be excused                                                                   
from a call of the Senate from afternoon plane time, February 9                                                                 
through morning plane time, February 12; from afternoon plane time,                                                             
February 16 through morning plane time, February 19; and from                                                                   
morning plane time, March 8 through morning plane time, March 13.                                                               
Without objection, Senator Dyson was excused.                                                                                   
                                                                                                                                
Senator Wielechowski moved and asked unanimous consent to be                                                                    
excused from a call of the Senate from afternoon plane time, February                                                           
2 through morning plane time, February 5. Without objection, Senator                                                            
Wielechowski was excused.                                                                                                       
                                                                                                                                
Senator Therriault moved and asked unanimous consent to be excused                                                              
from a call of the Senate on February 2. Without objection, Senator                                                             
Therriault was excused.                                                                                                         
                                                                                                                                
Senator Hoffman moved and asked unanimous consent to be excused                                                                 
from a call of the Senate on February 4 to 2:00 p.m. Without                                                                    
objection, Senator Hoffman was excused.                                                                                         
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 10:00 a.m., February 2, 2007. Without                                                                
objection, the Senate adjourned at 11:36 a.m.                                                                                   
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2007-01-31                     Senate Journal                      Page 0135
                                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                                                                        
                                                                                                                                
Feb 01        Thursday                        Butrovich 205           8:00 AM                                                 
              Joint w/ (H) Community & Regional Affairs                                                                         
              Overview:  Department of Commerce                                                                                 
              Community and Economic Development,                                                                               
              Commissioner Emil Notti; Division of                                                                              
              Community Advocacy, Mike Black                                                                                    
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Jan 31        Wednesday                 Senate Finance 532            9:00 AM                                                 
+             Overview of Governor's FY 2008 Budget                                                                             
              Karen Rehfeld, Director, Office of                                                                                
              Management & Budget                                                                                               
              David Teal, Director, Legislative Finance                                                                         
                                                                                                                                
Feb 02        Friday                    Senate Finance 532            9:00 AM                                                 
+             PERS/TRS Overview & Update                                                                                        
              Dept of Administration                                                                                            
                                                                                                                                
Feb 06        Tuesday                   Senate Finance 532            9:00 AM                                                 
+             Joint w/ (S) Health, Education & Social                                                                           
              Services                                                                                                          
              Medicaid Program Review Presentation-                                                                             
              Pacific Health Policy Group                                                                                       
              -- Testimony <Invitation Only> --                                                                                 
              Full Report will be available online by                                                                           
              8:00 am, February 6th:                                                                                            
              http://www.legis.state.ak.us/teldocs.asp                                                                          
                   ----------------------------------------                                                                    

2007-01-31                     Senate Journal                      Page 0136
                     HEALTH, EDUCATION & SOCIAL SERVICES                                                                     
                                                                                                                                
Jan 31        Wednesday                       Butrovich 205           1:30 PM                                                 
              Committee Orientation and Introduction                                                                            
                                                                                                                                
Feb 02        Friday                          Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Jan 31        Wednesday                             Beltz 211         1:30 PM                                                 
+             Confirmation Hearings: Legislative Ethics Committee                                                               
              Ann Rabinowitz, Juneau                                                                                            
              H. Conner Thomas, Nome                                                                                            
              Gary J. Turner, Soldotna                                                                                          
              Bills Previously Heard/Scheduled                                                                                  
+= SB   5 FAILURE TO REPORT CRIMES                                                                                              
                                                                                                                                
Feb 02        Friday                                Beltz 211         1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Feb 01        Thursday                              Beltz 211         1:30 PM                                                 
              -- Rescheduled from 01/30/07 --                                                                                   
              Bills Previously Heard/Scheduled                                                                                  
+= SB  24 BUSINESS LICENSE FEE                                                                                                  
+= SB  39 BUSINESS LICENSE FEE                                                                                                  
+= SB  41 REPEAL STUDDED TIRE FEE                                                                                               
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Jan 31        Wednesday                       Butrovich 205           3:30 PM                                                 
+             Presentation: by Division of Geological & Geophysical Surveys                                                     
              Cook Inlet Gas: Reality & Exploration Potential                                                                   
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Feb 02        Friday                          Butrovich 205           3:30 PM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                

2007-01-31                     Senate Journal                      Page 0137
                                STATE AFFAIRS                                                                                
                                                                                                                                
Feb 01        Thursday                              Beltz 211         9:00 AM                                                 
              -- Rescheduled from 01/30/07 --                                                                                   
+             Bills Previously Heard/Scheduled                                                                                  
+= SB  36 SENTENCING FOR ALCOHOL-RELATED CRIMES                                                                                 
+= SB  45 PEACE OFFICER CONVICTED OF MURDER                                                                                     
+= SB  19 EXEC. BRANCH ETHICS:INTERESTS & ACTIONS                                                                               
+= SB  20 LEGISLATIVE DISCLOSURES                                                                                               
                   ----------------------------------------                                                                    
                                                                                                                                
                                TRANSPORTATION                                                                               
                                                                                                                                
Feb 01        Thursday                        Butrovich 205           1:30 PM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Feb 08        Thursday                  Senate Finance 532            1:00 PM                                                 
              Joint w/ (H) Transportation                                                                                       
              Overview of the Alaska Marine Highway System                                                                      
                                                                                                                                
Feb 13        Tuesday                   Senate Finance 532            1:00 PM                                                 
              Joint w/(H) Transportation                                                                                        
              Overview of the Department of                                                                                     
              Transportation Highway System                                                                                     
                   ----------------------------------------                                                                    
                                                                                                                                
                            FINANCE SUBCOMMITTEES                                                                            
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Feb 08        Thursday                     Fahrenkamp 203             8:00 AM                                                 
              Department Budget Overview                                                                                        
                                                                                                                                
Feb 22        Thursday                     Fahrenkamp 203             8:00 AM                                                 
              Department Budget Detail                                                                                          
                                                                                                                                
Mar 08        Thursday                     Fahrenkamp 203             8:00 AM                                                 
              Department Budget Detail                                                                                          
                                                                                                                                
Mar 22        Thursday                     Fahrenkamp 203             8:00 AM                                                 
              Department Budget Detail                                                                                          
                                                                                                                                
Apr 05        Thursday                     Fahrenkamp 203             8:00 AM                                                 
              Department Budget Close-Out                                                                                       
                   ----------------------------------------                                                                    

2007-01-31                     Senate Journal                      Page 0138
                      FINANCE SUBCOMMITTEES (continued)                                                                      
                                                                                                                                
                                PUBLIC SAFETY                                                                                
                                                                                                                                
Feb 05        Monday                                Beltz 211         8:00 AM                                                 
              Department Budget Overview                                                                                        
                                                                                                                                
Feb 19        Monday                                Beltz 211         8:00 AM                                                 
              Department Budget Detail                                                                                          
                                                                                                                                
Mar 05        Monday                                Beltz 211         8:00 AM                                                 
              Department Budget Detail                                                                                          
                                                                                                                                
Mar 19        Monday                                Beltz 211         8:00 AM                                                 
              Department Budget Detail                                                                                          
                                                                                                                                
Apr 02        Monday                                Beltz 211         8:00 AM                                                 
              Department Budget Close-Out                                                                                       
                   ----------------------------------------                                                                    
                                                                                                                                
                              SPECIAL COMMITTEES                                                                             
                                                                                                                                
                        SPECIAL COMMITTEE ON EDUCATION                                                                       
                                                                                                                                
Jan 31        Wednesday                       Butrovich 205           8:00 AM                                                 
              Overview: Foundation Formula                                                                                      
                                                                                                                                
Feb 02        Friday                          Butrovich 205           8:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                           ARMED SERVICES COMMITTEE                                                                          
                                                                                                                                
Feb 14        Wednesday                 Senate Finance 532          10:00 AM                                                  
              Presentation by Admiral Timothy J Keating                                                                         
              Commander, North American Aerospace                                                                               
              Defense Command; Commander, United                                                                                
              States Northern Command                                                                                           
                   ----------------------------------------                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-01-31                     Senate Journal                      Page 0139
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
Feb 01        Thursday                  Senate Finance 532            5:00 PM                                                 
              -- Rescheduled from 01/30/07 --                                                                                   
              Election of Chair & Vice Chair                                                                                    
              Late Per Diem Approvals                                                                                           
              Ratification or Sanctioning of Charitable Events                                                                  
              Approval of 2007 Drafting Manual                                                                                  
              IT Subcommittee Appointments                                                                                      
              Lawsuit Update - Bachner Company Inc                                                                              
              IT Password Training                                                                                              
              Contract & Amendment Approvals                                                                                    
              Briefing: Masonic Temple and Capitol Basement                                                                     
              Other business                                                                                                    
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                              CHILDREN'S CAUCUS                                                                              
                                                                                                                                
Feb 06        Tuesday                         Butrovich 205          12:00 PM                                                 
+             Governor's Council on Disabilities and Special Education:                                                         
              Autism and Early Intervention                                                                                     
                                                                                                                                
Feb 14        Wednesday                       Butrovich 205          12:00 PM                                                 
              -- Note Day Change --                                                                                             
+             Alaska Children's Justice Act Task Force: Updates & Trends in                                                     
              Child Maltreatment Issues                                                                                         
                   ----------------------------------------                                                                    
                                                                                                                                
                       JOINT LEGISLATIVE HEALTH CAUCUS                                                                       
                                                                                                                                
Feb 21        Wednesday                       Butrovich 205          12:00 PM                                                 
              "Filling the Need: Mid-Level Health Providers"                                                                    
                                                                                                                                
Mar 21        Wednesday                       Butrovich 205          12:00 PM                                                 
              "Filling the Need: Complimentary Medicine Workforce"                                                              
                                                                                                                                
Apr 18        Wednesday                       Butrovich 205          12:00 PM                                                 
              "Filling the Need: Other Forms of Health Care"                                                                    
                                                                                                                                
May 02        Wednesday                       Butrovich 205          12:00 PM                                                 
              "Week of the Uninsured: Alaska's Workforce"                                                                       
                   ----------------------------------------                                                                    
                                                                                                                                

2007-01-31                     Senate Journal                      Page 0140
                                JOINT SESSION                                                                                
                                                                                                                                
Feb 22        Thursday                     House Chamber            11:00 AM                                                  
              Annual 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                                                                             
                                                                                                                                
Apr 26        Thursday                     House Chamber            11:00 AM                                                  
              Annual Address by the Honorable                                                                                   
              Ted Stevens, U.S. Senator