Legislature(2007 - 2008)
2007-03-02 Senate Journal
Full Journal pdf2007-03-02 Senate Journal Page 0413 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIFTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday March 2, 2007 Forty-sixth Day Pursuant to adjournment the Senate was called to order by President pro tempore Stevens at 10:05 a.m. The roll showed eighteen members present. Senator Green was excused from a call of the Senate. Senator McGuire was absent. Senator Huggins, Acting Majority Leader, moved and asked unanimous consent that Senator Green be excused from a call of the Senate from today through morning plane time, March 5. Without objection, Senator Green was excused. Senator Huggins, Acting Majority Leader, moved and asked unanimous consent that Senator McGuire be excused from a call of the Senate today. Without objection, Senator McGuire was excused. The prayer was offered by the Chaplain, Pastor Tom Matthews of the Douglas Island Bible Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Respecting the religious differences in our midst here today, I would ask you to join me as I open this session with prayer. Dear Lord, I come before you today in the name of Jesus Christ, thanking you for the hope that is found in Him. Thank you for His perfect sacrifice which provides for us the opportunity to come before you in prayer. 2007-03-02 Senate Journal Page 0414 Thank you for a country and state that allows prayers . to be a part of the opening of deliberations each day. May we never part from recognition of the hand of the Almighty in the affairs of our land. I believe this has made our country what it is today. Thank you for your guidance in our lives. I pray for our Senators once again Lord in their various responsibilities. Help them to be good representatives of their various districts, recognizing the will of the people in the decisions that need to be made. Thank you for the protection you gave us here in Juneau as we dealt with the blizzard yesterday. I would pray for those who might be traveling home or to other duties throughout this weekend, that you would grant them safety and traveling mercies. I lift this prayer before you in recognition of your love, asking for your blessings on this body. Amen. Senator Thomas led the Senate in the Pledge of Allegiance. Certification Senator Huggins, Acting Majority Leader, moved and asked unanimous consent that the journals for the forty-fourth and forty-fifth legislative days and House and Senate Joint Journal Supplement No. 3 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SCR 2 Message dated February 28 was read, stating the House passed and returned: 2007-03-02 Senate Journal Page 0415 SENATE CONCURRENT RESOLUTION NO. 2 Relating to establishing March 2007 as brain injury awareness month. The resolution was referred to the Secretary for enrollment. HB 120 Message dated March 1 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 120(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 120(FIN) "An Act extending the Council on Domestic Violence and Sexual Assault; and providing for an effective date." Message dated March 1 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 3 HOUSE CONCURRENT RESOLUTION NO. 3 BY REPRESENTATIVES MEYER, Fairclough, Stoltze, Neuman, Doll, Lynn, Kerttula, Samuels, Johansen, Gardner, Relating to proclaiming April of 2007 as Sexual Assault Awareness Month. was read the first time and referred to the State Affairs Committee. First Reading and Reference of House Bills HB 102 HOUSE BILL NO. 102 BY REPRESENTATIVES COGHILL, Dahlstrom, Ramras, Lynn, entitled: 2007-03-02 Senate Journal Page 0416 "An Act relating to vacating lanes or slowing down for certain vehicles stopped along the side of a road." was read the first time and referred to the Transportation Committee. Communications The following report is on file in the Office of the Secretary of the Senate: Preliminary Report to the Legislature dated March 1, 2007 from Representative Samuels and Representative Joule Alaska Climate Impact Assessment Commission in accordance with Legislative Resolve No. 49, 2006 Standing Committee Reports Report dated February 28 was read, stating: In accordance with AS 39.05.080, the Judiciary Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: Attorney General - Department of Law Talis Colberg There were no stated objections to the named individual. This does not reflect an intent by any of the members to vote for or against the individual during any further sessions. Signing the report: Senator French, Chair; Senators Huggins, McGuire, Wielechowski, Therriault. SB 16 The Community and Regional Affairs Committee considered SENATE BILL NO. 16 "An Act extending the termination date for the Regulatory Commission of Alaska; and providing for an effective date" and recommended it be replaced with 2007-03-02 Senate Journal Page 0417 CS FOR SENATE BILL NO. 16(CRA) "An Act amending the powers and duties of the legislative audit division regarding the Regulatory Commission of Alaska; amending annual report requirements for the Regulatory Commission of Alaska; extending the termination date for the Regulatory Commission of Alaska; and providing for an effective date." Signing do pass: Senator Olson, Chair, Senators Thomas, Wagoner, Stevens, Kookesh. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the State Affairs Committee. SB 40 The Health, Education and Social Services Committee considered SENATE BILL NO. 40 "An Act relating to reapplications for the Alaska longevity bonus program; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 40(HES) Signing do pass: Senator Davis, Chair; Senators Thomas, Cowdery. Signing no recommendation: Senator Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Health and Social Services Fiscal Note No. 2, Department of Health and Social Services Fiscal Note No. 3, Department of Health and Social Services The bill was referred to the State Affairs Committee. Introduction and Reference of Senate Bills SB 102 SENATE BILL NO. 102 BY SENATOR HUGGINS BY REQUEST, entitled: 2007-03-02 Senate Journal Page 0418 "An Act relating to mortgage lenders, mortgage brokers, mortgage originators, state agents who collect program administration fees, and other persons who engage in activities relating to mortgage lending; relating to mortgage loan activities; relating to an originator fund; relating to fees for mortgage loan transactions; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 103 SENATE BILL NO. 103 BY THE SENATE RESOURCES COMMITTEE, entitled: "An Act authorizing the transfer of land from the Alaska Railroad Corporation to Eklutna, Inc.; and providing for an effective date." was read the first time and referred to the Resources Committee. Consideration of the Calendar Second Reading of Senate Bills SB 19 SENATE BILL NO. 19 "An Act relating to a public officer's taking official action regarding a matter in which the public officer has a financial interest; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law" was read the second time. Senator Stedman, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 241. Senator Therriault objected, then withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 19(FIN) "An Act relating to a public officer's taking official action regarding, or influencing, a matter in which the public officer has a personal or 2007-03-02 Senate Journal Page 0419 financial interest; relating to restrictions on employment after leaving state service; prohibiting certain persons from engaging in activity as lobbyists; and defining 'official action' under the Alaska Executive Branch Ethics Act and related law" was adopted. Senator French offered Amendment No. 1 : Page 2, following line 26: Insert a new section to read: "* Sec. 3. AS 39.52.110 is amended by adding a new subsection to read: (d) Stock or other ownership interest in a business is presumed to be insignificant if the value of the stock or other ownership interest is less than $5,000." Renumber the following bill sections accordingly. Page 4, lines 7 - 8: Delete all material and insert: "APPLICABILITY. Sections 4, 5, and 7 of this Act apply to a person who leaves state service on or after the effective date of secs. 4 and 5 of this Act." Senator French moved for the adoption of Amendment No. 1. Senator Therriault objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 19(FIN) Second Reading Amendment No. 1 YEAS: 16 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Huggins, Kookesh, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken Excused: Green, McGuire Absent: Bunde, Hoffman and so, Amendment No. 1 was adopted. 2007-03-02 Senate Journal Page 0420 CS FOR SENATE BILL NO. 19(FIN) am will be on the March 5 calendar. SB 20 SENATE BILL NO. 20 "An Act relating to disclosure to the Alaska Public Offices Commission of information about certain income received as compensation for personal services by legislators, public members of the Select Committee on Legislative Ethics, and legislative directors subject to the Legislative Ethics Act; and providing for an effective date" was read the second time. Senator French moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 148. Senator Therriault objected, then withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 20(STA) "An Act relating to disclosures by legislators, legislative employees, public members of the Select Committee on Legislative Ethics, and legislative directors subject to the Legislative Ethics Act; relating to the applicability of the Legislative Ethics Act; and providing for an effective date" was adopted. CS FOR SENATE BILL NO. 20(STA) will be on the March 5 calendar. Citations th Honoring - Miss Ethyl Peasgood on her 100 Birthday Senator(s) Thomas, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Wagoner, Wielechowski, Wilken th Honoring - The Juneau Raptor Center's 20 Anniversary Representative(s) Doll Senator(s) Elton, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken 2007-03-02 Senate Journal Page 0421 In Memoriam - Gordon Wright Senator(s) Thomas, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault, Wagoner, Wielechowski, Wilken Senator Huggins, Acting Majority Leader, moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Davis moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 15 through afternoon plane time, March 18. Without objection, Senator Davis was excused. Senator Wilken moved and asked unanimous consent to amend a prior excusal (page 399) and be excused from a call of the Senate from afternoon plane time, March 7 through evening plane time, March 11. Without objection, the excusal was amended. Senator Hoffman moved and asked unanimous consent to be excused from a call of the Senate on March 16 and on March 30. Without objection, Senator Hoffman was excused. Senator Cowdery moved and asked unanimous consent to withdraw a prior excusal from a call of the Senate (page 400). Without objection, the excusal was withdrawn. Senator French moved and asked unanimous consent to be excused from a call of the Senate on March 5, to morning plane time. Without objection, Senator French was excused. SB 96 Senators Thomas, French, Wielechowski, Davis, Elton moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 96 "An Act establishing a renewable energy fund and describing its uses and purposes." Without objection, it was so ordered. 2007-03-02 Senate Journal Page 0422 SB 59 President pro tempore Stevens added a Finance Committee referral to SENATE BILL NO. 59 "An Act relating to the use of broadcasting to promote charitable raffles and lotteries." Without objection, the bill was referred to the Finance Committee. President pro tempore Stevens announced President Green made the following appointment: Joint Armed Services Committee Dean Owen President pro tempore Stevens announced President Green made the following clarification to the appointments made February 16 (page 268): Bond Reimbursement and Grant Review Committee Senator Hoffman, primary member Senator Therriault, alternate member President pro tempore Stevens announced President Green made the following appointments to the Council of State Governments: Council of State Governments Governing Board Senator Stevens Intergovernmental Affairs Committee Senator Stedman International Committee Senator Cowdery Committee on Suggested State Legislation Senator Thomas Ryan Makinster, legislative staff member 2007-03-02 Senate Journal Page 0423 Education Policy Task Force Senator Davis Energy and Environment Task Force Senator Stevens, Cochair Senator Huggins Health Policy Task Force Senator Wielechowski Public Safety and Justice Task Force Senator McGuire Senator Elton Senator Kookesh SB 45 The reconsideration on CS FOR SENATE BILL NO. 45(JUD) "An Act relating to murder in the first degree" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 45 CS FOR SENATE BILL NO. 45(JUD) "An Act relating to murder in the first degree" was engrossed. Adjournment Senator Huggins, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 5, 2007. Without objection, the Senate adjourned at 10:47 a.m. Kirsten Waid Secretary of the Senate 2007-03-02 Senate Journal Page 0424 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 Mar 06 Tuesday Beltz 211 3:30 PM + HB 34 SALES BY WINERY LICENSEE Bills Previously Heard/Scheduled Mar 08 Thursday Beltz 211 3:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 02 Friday Senate Finance 532 8:30 AM -- Time Change -- + Bills Previously Heard/Scheduled += SB 83 SUPPLEMENTAL APPROPRIATIONS Mar 05 Monday Senate Finance 532 9:00 AM += SB 82 SUPPLEMENTAL APPROPRIATIONS: OIL & GAS + Bills Previously Heard/Scheduled Mar 06 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 07 Wednesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled 2007-03-02 Senate Journal Page 0425 FINANCE (continued) Mar 08 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 09 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 02 Friday Butrovich 205 1:30 PM No Meeting Scheduled Mar 05 Monday Butrovich 205 1:30 PM + SB 62 TASK FORCE ON HEALTH CARE INFECTIONS + SB 76 TUITION FOR CERTAIN CHILDREN Mar 07 Wednesday Butrovich 205 1:30 PM Presentation: Brain Injury Service Delivery Needs + SB 90 SENIOR CARE Mar 09 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 05 Monday Beltz 211 1:30 PM -- Teleconference -- SB 7 FELONS' RIGHT TO VOTE SB 89 ELECTRONIC MONITORING OF GANG PROBATIONER SB 36 SENTENCING FOR ALCOHOL-RELATED CRIMES Bills Previously Heard/Scheduled Mar 07 Wednesday Senate Finance 532 1:30 PM -- Teleconference <Listen Only> -- Joint w/(H) Judiciary Therapeutic Courts 2007-03-02 Senate Journal Page 0426 JUDICIARY (continued) Mar 08 Thursday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 06 Tuesday Beltz 211 1:30 PM + SB 93 PROFESSIONAL COUNSELORS Bills Previously Heard/Scheduled += SB 84 TESTING & PACKAGING OF CIGARETTES = SB 68 MOTOR VEHICLE INSURANCE Mar 08 Thursday Beltz 211 1:30 PM + SB 101 GUARDIANSHIP AND CONSERVATORS + SB 97 ALASKA NATIVE ART IDENTIFICATION SEALS Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 02 Friday Butrovich 205 3:30 PM + HB 25 RECREATIONAL LAND USE LIABILITY/ADV. POSS + Confirmation Hearings: Department Commissioners: Tom Irwin, Larry Hartig, Denby Lloyd Big Game Commercial Services Board: Richard A Roher, Leif Wilson Board of Game: Robert Bell, Ben Grussendorf Alaska Oil & Gas Conservation Commission: Cathy P Foerster Bills Previously Heard/Scheduled Presentations Previously Heard/Scheduled Mar 05 Monday Butrovich 205 3:30 PM No Meeting Scheduled Mar 07 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 09 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- 2007-03-02 Senate Journal Page 0427 STATE AFFAIRS Mar 06 Tuesday Beltz 211 9:00 AM No Meeting Scheduled Mar 08 Thursday Beltz 211 9:00 AM No Meeting Scheduled ---------------------------------------- TRANSPORTATION Mar 06 Tuesday Butrovich 205 1:30 PM SB 78 MOTOR VEHICLE WINDOW TINTING Mar 08 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 05 Monday Senate Finance 532 3:00 PM Department Budget Detail Mar 12 Monday Senate Finance 532 3:00 PM Department Budget Detail Mar 19 Monday Senate Finance 532 3:00 PM Department Budget Detail ---------------------------------------- CORRECTIONS Mar 06 Tuesday Beltz 211 12:00 PM + Corrections Budget Presentation of Governor's Budget Amendments ---------------------------------------- 2007-03-02 Senate Journal Page 0428 FINANCE SUBCOMMITTEES (continued) EDUCATION & EARLY DEVELOPMENT Mar 07 Wednesday Butrovich 205 8:00 AM -- Meeting Canceled -- FY'08 Proposed Budget Mar 14 Wednesday Butrovich 205 8:00 AM Postsecondary Education Commission FY'08 Proposed Budget Overview Mar 16 Friday Butrovich 205 8:00 AM Dept of Education & Early Development FY'08 Proposed Budget Mar 21 Wednesday Butrovich 205 8:00 AM Dept of Education & Early Development FY'08 Proposed Budget ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 13 Tuesday Butrovich 205 3:00 PM + DEC Budget Discussion of Governor's Budget Amendments ---------------------------------------- FISH & GAME Mar 13 Tuesday Senate Finance 532 8:00 AM Budget Detail ---------------------------------------- HEALTH & SOCIAL SERVICES 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 2007-03-02 Senate Journal Page 0429 FINANCE SUBCOMMITTEES (continued) LAW Mar 06 Tuesday Fahrenkamp 203 1:30 PM -- MEETING CANCELED -- Budget Detail Mar 13 Tuesday Fahrenkamp 203 1:30 PM Budget Detail Mar 20 Tuesday Fahrenkamp 203 1:30 PM Budget Detail ---------------------------------------- MILITARY AND VETERANS AFFAIRS Mar 14 Wednesday Beltz 211 12:00 PM Overview by Major General Craig Campbell FY'08 Proposed Budget ---------------------------------------- NATURAL RESOURCES Mar 06 Tuesday Fahrenkamp 203 4:00 PM -- MEETING CANCELED -- FY'08 Proposed Budget Mar 13 Tuesday Fahrenkamp 203 4:00 PM FY'08 Proposed Budget Mar 20 Tuesday Fahrenkamp 203 4:00 PM FY'08 Proposed Budget Mar 22 Thursday Fahrenkamp 203 4:00 PM FY'08 Proposed Budget ---------------------------------------- 2007-03-02 Senate Journal Page 0430 FINANCE SUBCOMMITTEES (continued) PUBLIC SAFETY Mar 05 Monday Beltz 211 8:00 AM -- Meeting Canceled -- Department Budget Detail Mar 06 Tuesday Beltz 211 8:00 AM + Department Budget Detail Mar 19 Monday Beltz 211 8:00 AM -- Meeting Canceled -- Department Budget Detail Mar 20 Tuesday Beltz 211 8:00 AM + Department Budget Detail Apr 02 Monday Beltz 211 8:00 AM -- Meeting Canceled -- Department Budget Close-Out Apr 03 Tuesday Beltz 211 8:00 AM + Department Budget Close-Out ---------------------------------------- REVENUE Mar 08 Thursday Fahrenkamp 203 1:30 PM -- MEETING CANCELED -- Budget Detail Mar 15 Thursday Fahrenkamp 203 1:30 PM Budget Detail Mar 22 Thursday Fahrenkamp 203 1:30 PM Budget Detail ---------------------------------------- 2007-03-02 Senate Journal Page 0431 FINANCE SUBCOMMITTEES (continued) TRANSPORTATION & PUBLIC FACILITIES Mar 15 Thursday Beltz 211 8:00 AM DOT/PF Budget Mar 29 Thursday Beltz 211 8:00 AM DOT/PF Budget ---------------------------------------- UNIVERSITY OF ALASKA Mar 08 Thursday Senate Finance 532 7:30 AM -- MEETING CANCELED -- Budget Detail Mar 15 Thursday Senate Finance 532 7:30 AM Budget Detail Mar 22 Thursday Senate Finance 532 7:30 AM Budget Detail ---------------------------------------- SPECIAL COMMITTEES SPECIAL COMMITTEE ON EDUCATION Mar 02 Friday Butrovich 205 8:00 AM -- MEETING CANCELED -- Overview: Truancy and Dropouts SB 31 TRUANCY Mar 07 Wednesday Butrovich 205 8:00 AM Overview: Truancy and Dropouts = SB 31 TRUANCY Mar 09 Friday Butrovich 205 8:00 AM Truancy and Dropouts Bills Previously Heard/Scheduled ---------------------------------------- 2007-03-02 Senate Journal Page 0432 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 15 Thursday House Finance 519 8:00 AM Status of Contracts Procurement Request Executive Session ---------------------------------------- LEGISLATIVE COUNCIL Mar 05 Monday Senate Finance 532 5:00 PM Sanctioning of Charitable Events OVR Lease Renewal Approval Transfer FY'07 Legislative Funds Approval Legislative Affairs Agency FY'08 Budget Office of the Ombudsman FY'08 Budget Legislative Employee Parking Policy Scottish Rite Temple Conceptual Plans Block 39 Discussion Washington State Freight Container Tax ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Mar 06 Tuesday Butrovich 205 10:15 AM -- Time Change -- -- Teleconference -- + Full Committee: Open Session Approval of Agenda/Minutes Election of Committee Chairs Public Comment Chair/Staff Reports Budget: Update on FY'07/Request for FY'08 Legislation: Update on Ethics Legislation Other Business Mar 06 Tuesday Butrovich 205 3:30 PM Senate Subcommittee: Executive Session Public Comment Executive Session Public Session 2007-03-02 Senate Journal Page 0433 OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS 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" ---------------------------------------- JOINT SESSION Mar 19 Monday House Chamber 11:00 AM Annual Address by the Honorable Ted Stevens, U.S. Senator