Legislature(2007 - 2008)

2007-05-16 Senate Journal

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2007-05-16                     Senate Journal                      Page 1331
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-FIFTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday                     May 16, 2007                                                   
                                                                                                                                
                         One Hundred Twenty-first Day                                                                        
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Green at 8:00 p.m.                                                                                                              
                                                                                                                                
The roll showed nineteen members present. Senator French was                                                                    
excused from a call of the Senate.                                                                                              
                                                                                                                                
The prayer was offered by the Chaplain, Senator Olson. Senator                                                                  
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          Dear Heavenly Father,                                                                                                 
          As we gather together in the last hours of the regular                                                                
          session, we pray for your anointing of wisdom, of                                                                     
          good judgment and of guidance. Lord, as our inner                                                                     
          selves yearn to go back home to our families and our                                                                  
          friends and relatives, may we also remember that it is                                                                
          those people that we serve that we love, and that we                                                                  
          are all residents of Alaska. We pray for safety,                                                                      
          especially for those families that are represented here,                                                              
          as we travel as the summer comes on. Pray for those                                                                   
          people who are embattled, Lord; give them strength                                                                    
          and guidance to continue on.                                                                                          
                                                                                                                                
        In your precious name Jesus,                             Amen.                                                         
                                                                                                                                
Senator Wielechowski led the Senate in the Pledge of Allegiance.                                                                
                                                                                                                                
                                                                                                                                

2007-05-16                     Senate Journal                      Page 1332
                                Certification                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the journal                                                              
for the one hundred twentieth legislative day be approved as certified                                                          
by the Secretary. Without objection, it was so ordered.                                                                         
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
SCR 9                                                                                                                         
Message dated May 15 was read, stating the House passed and                                                                     
returned:                                                                                                                       
                                                                                                                                
          SENATE CONCURRENT RESOLUTION NO. 9                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning House Bill No. 90, relating to criminal                                                                    
          activity and criminal law and procedure.                                                                              
                                                                                                                                
The resolution was referred to the Secretary for enrollment.                                                                    
                                                                                                                                
HB 90                                                                                                                         
Message dated May 15 was read, stating the House concurred in the                                                               
Senate amendments to CS FOR HOUSE BILL NO. 90(FIN) "An Act                                                                      
relating to credit toward service of a sentence of imprisonment;                                                                
relating to violation of probation and parole conditions by sex                                                                 
offenders; relating to bail; relating to distribution of certain materials                                                      
to minors; relating to time limitations for prosecution of certain                                                              
crimes; relating to sex offender registration; relating to the maximum                                                          
time for probation; relating to certain post-conviction relief                                                                  
applications; relating to good time; and providing for an effective                                                             
date" thus adopting:                                                                                                            
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                                                   
          90(FIN) am S "An Act relating to the reporting of                                                                     
          certain crimes; relating to the purchase of alcoholic                                                                 
          beverages and to access to licensed premises; relating                                                                
          to civil liability for certain persons accessing licensed                                                             
          premises; requiring driver's licenses and                                                                             
          identification cards to be marked if a person is                                                                      

2007-05-16                     Senate Journal                      Page 1333
          restricted from consuming alcoholic beverages as a                                                                    
          result of a conviction or condition of probation or                                                                   
          parole and relating to fees for the marked license or                                                                 
          card; relating to the information contained on driver's                                                               
          licenses; requiring the surrender and cancellation of                                                                 
          driver's licenses and identification cards under certain                                                              
          circumstances; relating to prostitution; relating to the                                                              
          DNA registration system; relating to credit toward                                                                    
          service of a sentence of imprisonment; relating to                                                                    
          violation of probation and parole conditions by sex                                                                   
          offenders; relating to bail; relating to distribution of                                                              
          certain materials to minors; relating to time                                                                         
          limitations for prosecution of certain crimes; relating                                                               
          to sex offender registration; relating to the maximum                                                                 
          time for probation; relating to certain post-conviction                                                               
          relief applications; relating to good time; and                                                                       
          providing for an effective date."                                                                                     
                                                                                                                                
HB 113                                                                                                                        
Message dated May 15 was read, stating the House concurred in the                                                               
Senate amendment to CS FOR HOUSE BILL NO. 113(HES), thus                                                                        
adopting:                                                                                                                       
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                                                   
          113(L&C) "An Act relating to the prescription and                                                                     
          use of pharmaceutical agents, including controlled                                                                    
          substances, by optometrists; and providing for an                                                                     
          effective date."                                                                                                      
                                                                                                                                
Message dated May 16 was read, stating the House passed and                                                                     
transmitted for consideration:                                                                                                  
                                                                                                                                
                               Concur Messages                                                                               
                                                                                                                                
SB 84                                                                                                                         
Message dated May 16 was read, stating the House passed and                                                                     
returned for consideration CS FOR SENATE BILL NO. 84(JUD) "An                                                                   
Act relating to the testing and packaging of cigarettes to be sold,                                                             
offered for sale, or possessed in this state; and providing for an                                                              
effective date" with the following amendment:                                                                                   

2007-05-16                     Senate Journal                      Page 1334
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                                                   
          84(FIN) "An Act relating to the improper sale of                                                                      
          tobacco products and to the testing and packaging of                                                                  
          cigarettes to be sold, offered for sale, or possessed in                                                              
          this state; relating to civil penalties for the improper                                                              
          sale of tobacco products and to suspension of                                                                         
          business license endorsements and the right to obtain                                                                 
          business license endorsements where the suspension                                                                    
          is based on the improper sale of tobacco products;                                                                    
          relating to citations for certain offenses related to                                                                 
          tobacco; and providing for an effective date."                                                                        
          (Title change HCR 10)                                                                                                 
                                                                                                                                
Senator Stevens moved that the Senate concur in the House                                                                       
amendment.                                                                                                                      
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendment? " The roll was taken with the following result:                                                                      
                                                                                                                                
HCS CSSB 84(FIN)                                                                                                                
Shall the Senate Concur in the House                                                                                            
Amendment to CSSB 84(JUD)?     Effective Date                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Hoffman,                                                              
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault,                                                                 
Thomas, Wagoner, Wielechowski, Wilken                                                                                           
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the Senate concurred in the House amendment, thus adopting                                                              
HOUSE CS FOR CS FOR SENATE BILL NO. 84(FIN) "An Act                                                                             
relating to the improper sale of tobacco products and to the testing and                                                        
packaging of cigarettes to be sold, offered for sale, or possessed in this                                                      
state; relating to civil penalties for the improper sale of tobacco                                                             
products and to suspension of business license endorsements and the                                                             
right to obtain business license endorsements where the suspension is                                                           
based on the improper sale of tobacco products; relating to citations                                                           
for certain offenses related to tobacco; and providing for an effective                                                         
date."                                                                                                                          
                                                                                                                                

2007-05-16                     Senate Journal                      Page 1335
Senator Stevens moved and asked unanimous consent that the vote on                                                              
concurrence be considered the vote on the effective date clause.                                                                
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HCR 10                                                                                                                        
Senator Stevens moved and asked unanimous consent to take up                                                                    
HOUSE CONCURRENT RESOLUTION NO. 10. Without objection,                                                                          
the resolution was read the first time and was before the Senate on                                                             
final passage.                                                                                                                  
                                                                                                                                
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                                                          
NO. 10 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                                              
of the Alaska State Legislature, concerning Senate Bill No. 84,                                                                 
relating to the testing and packaging of cigarettes to be sold, offered                                                         
for sale, or possessed in this state, pass the Senate?" The roll was taken                                                      
with the following result:                                                                                                      
                                                                                                                                
HCR 10                                                                                                                          
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Hoffman,                                                              
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault,                                                                 
Thomas, Wagoner, Wielechowski, Wilken                                                                                           
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, HOUSE CONCURRENT RESOLUTION NO. 10 passed the                                                                           
Senate, was signed by the President and Secretary and returned to the                                                           
House.                                                                                                                          
                                                                                                                                
SCR 4                                                                                                                         
Message dated May 16 was read, stating the House passed and                                                                     
returned for consideration CS FOR SENATE CONCURRENT                                                                             
RESOLUTION NO. 4(HES) Relating to public health and a health                                                                    
compact, with the following amendment:                                                                                          

2007-05-16                     Senate Journal                      Page 1336
                          HOUSE CS FOR CS FOR SENATE                                                                           
          CONCURRENT RESOLUTION NO. 4(HES)                                                                                      
                                                                                                                                
Senator Stevens moved that the Senate concur in the House                                                                       
amendment.                                                                                                                      
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendment?" The roll was taken with the following result:                                                                       
                                                                                                                                
HCS CSSCR 4(HES)                                                                                                                
Shall the Senate Concur in the House                                                                                            
Amendment to CSSCR 4(HES)?                                                                                                      
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Hoffman,                                                              
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault,                                                                 
Thomas, Wagoner, Wielechowski, Wilken                                                                                           
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the Senate concurred in the House amendment, thus adopting                                                              
HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION                                                                                
NO. 4(HES) Relating to public health and a health compact.                                                                      
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The resolution was referred to the Secretary for enrollment.                                                                    
                                                                                                                                
                                                                                                                                
                               Recede Messages                                                                               
                                                                                                                                
HB 184                                                                                                                        
Message dated May 16 was read, stating the House failed to concur in                                                            
the Senate amendment to CS FOR HOUSE BILL NO. 184(FIN) "An                                                                      
Act relating to a commemorative troops license plate and to license                                                             
plates available to disabled veterans; relating to mandatory motor                                                              
vehicle insurance, license suspensions, mandatory impoundments of                                                               
vehicles used in certain offenses, and notices relating to motor                                                                
vehicles and driver's licenses; relating to registration of vehicles for                                                        
disabled persons; and providing for an effective date" and respectfully                                                         
requests the Senate to recede from its amendment, namely:                                                                       
                                                                                                                                

2007-05-16                     Senate Journal                      Page 1337
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                                                   
          184(FIN) "An Act relating to a commemorative                                                                          
          troops license plate; relating to registration of                                                                     
          vehicles for disabled persons; relating to the                                                                        
          anatomical gift awareness fund; and providing for an                                                                  
          effective date." (Title change SCR 7)                                                                                 
                                                                                                                                
Senator Stevens moved that the Senate recede from its amendment and                                                             
recommended the body vote no.                                                                                                   
                                                                                                                                
The question being: "Shall the Senate recede from its amendment?"                                                               
The roll was taken with the following result:                                                                                   
                                                                                                                                
SCS CSHB 184(FIN)                                                                                                               
Shall the Senate Recede from its Amendment                                                                                      
to CSHB 184(FIN)?                                                                                                               
                                                                                                                                
YEAS:  1   NAYS:  18   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Dyson                                                                                                                    
                                                                                                                                
Nays:  Bunde, Cowdery, Davis, Ellis, Elton, Green, Hoffman,                                                                     
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault,                                                                 
Thomas, Wagoner, Wielechowski, Wilken                                                                                           
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the Senate failed to recede.                                                                                            
                                                                                                                                
The President appointed the following members to a Conference                                                                   
Committee to meet with a like committee from the House:                                                                         
                                                                                                                                
     Senator McGuire, Chair                                                                                                     
     Senator Huggins                                                                                                            
     Senator Wagoner                                                                                                            
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                          Special Committee Reports                                                                          
                                                                                                                                
HB 95                                                                                                                         
The following report was received and distributed at 11:58 p.m.,                                                                
May 15:                                                                                                                         

2007-05-16                     Senate Journal                      Page 1338
                                                               May 15, 2007                                                     
                                                                                                                                
Madam President:                                                                                                                
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee with limited powers of free conference                                                                 
considered CS FOR HOUSE BILL NO. 95(FIN) and SENATE CS                                                                          
FOR CS FOR HOUSE BILL NO. 95(FIN) am S and recommends                                                                           
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO.                                                                                      
          95(Corrected) "An Act making appropriations for the                                                                   
          operating and loan program expenses of state                                                                          
          government, for certain programs, and to capitalize                                                                   
          funds; making appropriations under art. IX, sec.                                                                      
          17(c), Constitution of the State of Alaska; and                                                                       
          providing for an effective date."                                                                                     
                                                                                                                                
be adopted.                                                                                                                     
                                                                                                                                
Signing the report: Senator Hoffman, Chair, Senators Stedman,                                                                   
Dyson; Representative Chenault, Chair, Representatives Meyer, Joule.                                                            
                                                                                                                                
President Green stated the report will be held on the Secretary's desk.                                                         
                                                                                                                                
HB 96                                                                                                                         
The following report was received and distributed at 11:45 p.m.,                                                                
May 15:                                                                                                                         
                                                                                                                                
                                                               May 15, 2007                                                     
                                                                                                                                
Madam President:                                                                                                                
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee with limited powers of free conference                                                                 
considered CS FOR HOUSE BILL NO. 96(FIN) and SENATE CS                                                                          
FOR CS FOR HOUSE BILL NO. 96(FIN) and recommends                                                                                
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 96 "An                                                                               
          Act making appropriations for the operating and                                                                       
          capital expenses of the state's integrated                                                                            
          comprehensive mental health program; and providing                                                                    
          for an effective date."                                                                                               
                                                                                                                                
be adopted.                                                                                                                     

2007-05-16                     Senate Journal                      Page 1339
Signing the report: Senator Hoffman, Chair, Senators Stedman,                                                                   
Dyson; Representative Chenault, Chair, Representatives Meyer, Joule.                                                            
                                                                                                                                
President Green stated the report will be held on the Secretary's desk.                                                         
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 183                                                                                                                        
SENATE BILL NO. 183 BY SENATORS ELTON, McGuire,                                                                                 
entitled:                                                                                                                       
                                                                                                                                
          "An Act repealing the defined contribution retirement                                                                 
          plans for teachers and for public employees; making                                                                   
          conforming amendments; and providing for an                                                                           
          effective date."                                                                                                      
                                                                                                                                
was read the first time and referred to the Labor and Commerce, State                                                           
Affairs, Judiciary and Finance Committees.                                                                                      
                                                                                                                                
SB 184                                                                                                                        
SENATE BILL NO. 184 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST, entitled:                                                                                                           
                                                                                                                                
                 "An Act amending the powers of the Board of                                                                   
                  Fisheries to include regulating commercial                                                                   
          cooperative fisheries."                                                                                               
                                                                                                                                
was read the first time and referred to the Community and Regional                                                              
Affairs, Resources and Finance Committees.                                                                                      
                                                                                                                                
                                                                                                                                
SB 125                                                                                                                        
Senator Therriault moved that the concur message, requesting the                                                                
Senate concur in the House amendment to CS FOR SENATE BILL                                                                      
NO. 125(FIN) "An Act relating to the accounting and payment of                                                                  
contributions under the retirement plans of the Public Employees'                                                               
Retirement System of Alaska and the Teachers' Retirement System, to                                                             
calculations of contributions under those retirement plans, and to                                                              
participation in, and termination of and amendments to participation                                                            

2007-05-16                     Senate Journal                      Page 1340
in, the defined benefit plans of those systems; relating to employer                                                            
contributions to the health reimbursement arrangement plan; making                                                              
conforming amendments; and providing for an effective date" thus                                                                
adopting                                                                                                                        
                                                                                                                                
HOUSE CS FOR CS FOR SENATE BILL NO. 125(FIN) "An Act                                                                            
relating to the accounting and payment of contributions under the                                                               
retirement plans of the Public Employees' Retirement System of                                                                  
Alaska and the Teachers' Retirement System, to calculations of                                                                  
contributions under those retirement plans, and to participation in, and                                                        
termination of and amendments to participation in, the defined benefit                                                          
plans of those systems; relating to recovery of an award of damages or                                                          
other recovery by those systems; relating to employer contributions to                                                          
the health reimbursement arrangement plan; relating to participation in                                                         
the public employees' defined contribution plan by certain elected                                                              
officials; making conforming amendments; and providing for an                                                                   
effective date"                                                                                                                 
                                                                                                                                
be discharged from the Rules Committee and that the Senate concur in                                                            
the House amendment. Senator Stevens objected.                                                                                  
                                                                                                                                
Senator Stevens moved to divide the question. President Green ruled                                                             
the question divisible.                                                                                                         
                                                                                                                                
The question being: "Shall the concur message be discharged from the                                                            
Rules Committee?" The roll was taken with the following result:                                                                 
                                                                                                                                
HCS CSSB 125(FIN)                                                                                                               
Discharge from Rules Committee?                                                                                                 
                                                                                                                                
YEAS:  5   NAYS:  14   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Nays:  Cowdery, Davis, Ellis, Elton, Green, Hoffman, Huggins,                                                                   
Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski                                                                 
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the motion failed and the concur message remained in the                                                                
Rules Committee.                                                                                                                
                                                                                                                                
President Green stated the Senate would advance to citations. Without                                                           
objection, the Senate advanced to:                                                                                              

2007-05-16                     Senate Journal                      Page 1341
                        Consideration of the Calendar                                                                        
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - The Decommissioning of the United States Coast Guard                                                                 
Cutter Storis                                                                                                                   
Representative(s) LeDoux                                                                                                        
Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                 
Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman,                                                                      
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
Honoring - Statewide 2nd Place Winner of "Poetry Out Loud" Laura                                                                
Ranney                                                                                                                          
Representative(s) LeDoux                                                                                                        
Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                 
Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman,                                                                      
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
In Memoriam - Dr. Lydia Black                                                                                                   
Representative(s) LeDoux                                                                                                        
Senator(s) Stevens, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                 
Elton, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman,                                                                      
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
In Memoriam - Mark Hickok                                                                                                       
Representative(s) Cissna                                                                                                        
Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the citations                                                            
be adopted. Without objection, the citations were adopted and referred                                                          
to the Secretary for transmittal.                                                                                               
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the                                                                      
following citation be made a special order of business. Without                                                                 
objection, it was so ordered.                                                                                                   
                                                                                                                                
                                                                                                                                

2007-05-16                     Senate Journal                      Page 1342
                          Special Order of Business                                                                          
                                                                                                                                
Honoring - The Senate and House Sergeant-at-Arms and Senate and                                                                 
House Pages                                                                                                                     
Senator(s) Cowdery, Green, Bunde, Davis, Dyson, Ellis, Elton,                                                                   
French, Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman,                                                                     
Stevens, Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                      
Representative(s) Coghill                                                                                                       
                                                                                                                                
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 Stevens moved and asked unanimous consent that the Citation                                                             
Calendars be made a special order of business. Without objection, it                                                            
was so ordered.                                                                                                                 
                                                                                                                                
                              Citation Calendars                                                                             
                                                                                                                                
Honoring - Gene Peltola                                                                                                         
Representative(s) Nelson                                                                                                        
Senator(s) Hoffman, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                 
Elton, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                      
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
Honoring - Helen Nienhueser                                                                                                     
Representative(s) Cissna                                                                                                        
Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
In Memoriam - John Alexander                                                                                                    
Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
Representative(s) Crawford                                                                                                      
                                                                                                                                
In Memoriam - Andrew Pitts                                                                                                      
Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               

2007-05-16                     Senate Journal                      Page 1343
In Memoriam - Alice Virginia Boone Fagerstom                                                                                    
Senator(s) Olson, Green, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                                            
Hoffman, Huggins, Kookesh, McGuire, Stedman, Stevens, Therriault,                                                               
Thomas, Wagoner, Wielechowski, Wilken                                                                                           
                                                                                                                                
In Memoriam - Charles "Chilly" Felder                                                                                           
Senator(s) Davis, Green, Bunde, Cowdery, Dyson, Ellis, Elton,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
In Memoriam - Edward (Ed) Randle LaChapelle                                                                                     
Representative(s) Samuels                                                                                                       
Senator(s) Kookesh, Green, Bunde, Cowdery, Davis, Dyson, Ellis,                                                                 
Elton, Hoffman, Huggins, McGuire, Olson, Stedman, Stevens,                                                                      
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
In Memoriam - Ruth Moen                                                                                                         
Senator(s) Bunde, Green, Cowdery, Davis, Dyson, Ellis, Elton,                                                                   
Hoffman, Huggins, Kookesh, McGuire, Olson, Stedman, Stevens,                                                                    
Therriault, Thomas, Wagoner, Wielechowski, Wilken                                                                               
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the citations                                                            
be adopted. Without objection, the citations were adopted and referred                                                          
to the Secretary for transmittal.                                                                                               
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
President Green stated that the Senate would stand in recess to a call                                                          
of the Chair. Without objection, the Senate recessed at 9:31 p.m.                                                               
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
The Senate reconvened at 11:27 p.m.                                                                                             
                                                                                                                                
Senator Stevens moved that the Senate return to messages from the                                                               
House. Without objection, the Senate returned to:                                                                               
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-05-16                     Senate Journal                      Page 1344
                           Messages from the House                                                                           
                                                                                                                                
SCR 11                                                                                                                        
Message dated May 16 was received, stating the House passed and                                                                 
returned:                                                                                                                       
                                                                                                                                
          SENATE CONCURRENT RESOLUTION NO. 11                                                                                   
          Establishing and relating to the Joint Legislative                                                                    
          Education Funding Task Force.                                                                                         
                                                                                                                                
The resolution was referred to the Secretary for enrollment.                                                                    
                                                                                                                                
SB 69                                                                                                                         
Message dated May 16 was received, stating the House passed and                                                                 
returned:                                                                                                                       
                                                                                                                                
          CS FOR SENATE BILL NO. 69(FIN) "An Act                                                                                
          relating to the creation of a civil legal services fund."                                                            
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
SB 111                                                                                                                        
Message dated May 16 was received, stating the House passed and                                                                 
returned:                                                                                                                       
                                                                                                                                
          CS FOR SENATE BILL NO. 111(RES) "An Act                                                                               
              creating the Kodiak Narrow Cape Public Use Area."                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
SB 131                                                                                                                        
Message dated May 16 was received, stating the House passed and                                                                 
returned:                                                                                                                       
                                                                                                                                
          CS FOR SENATE BILL NO. 131(STA) "An Act                                                                               
          naming the state parking garage being constructed in                                                                  
          Anchorage north of the Robert B. Atwood Building                                                                      
          as the Linny Pacillo Parking Garage."                                                                                 
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          

2007-05-16                     Senate Journal                      Page 1345
                               Concur Messages                                                                               
                                                                                                                                
SB 128                                                                                                                        
Message dated May 16 was read, stating the House passed and                                                                     
returned for consideration CS FOR SENATE BILL NO. 128(FIN)                                                                      
"An Act relating to the sale, distribution, and purchase of alcoholic                                                           
beverages; relating to a state database for records of certain purchases                                                        
of alcoholic beverages; relating to the relocation of a license to sell                                                         
alcoholic beverages; relating to procedures for local option elections                                                          
for control of alcoholic beverages; and providing for an effective date"                                                        
with the following amendments:                                                                                                  
                                                                                                                                
                       HOUSE CS FOR CS FOR SENATE BILL                                                                         
          NO. 128(FIN) am H                                                                                                     
                                                                                                                                
Senator Stevens moved that the Senate concur in the House                                                                       
amendments.                                                                                                                     
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendments?" The roll was taken with the following result:                                                                      
                                                                                                                                
HCS CSSB 128(FIN) am H                                                                                                          
Shall the Senate Concur in the House                                                                                            
Amendments to CSSB 128(FIN)?  Effective Dates                                                                                   
                                                                                                                                
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Hoffman,                                                              
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault,                                                                 
Thomas, Wielechowski, Wilken                                                                                                    
                                                                                                                                
Nays:  Wagoner                                                                                                                  
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the Senate concurred in the House amendments, thus adopting                                                             
HOUSE CS FOR CS FOR SENATE BILL NO. 128(FIN) am H "An                                                                           
Act relating to the sale, distribution, and purchase of alcoholic                                                               
beverages; relating to a state database for records of certain purchases                                                        
of alcoholic beverages; relating to the relocation of a license to sell                                                         
alcoholic beverages; relating to procedures for local option elections                                                          
for control of alcoholic beverages; and providing for an effective                                                              
date."                                                                                                                          

2007-05-16                     Senate Journal                      Page 1346
Senator Stevens moved and asked unanimous consent that the vote on                                                              
concurrence be considered the vote on the effective date clauses.                                                               
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 121                                                                                                                        
President Green stated CS FOR HOUSE BILL NO. 121(L&C) am                                                                        
"An Act relating to release of information in individual workers'                                                               
compensation records; and providing for an effective date" will be                                                              
held on the Secretary's desk. Without objection, it was so ordered.                                                             
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
HB 95                                                                                                                         
Senator Stevens moved and asked unanimous consent to take up the                                                                
Conference Committee Report on CONFERENCE CS FOR HOUSE                                                                          
BILL NO. 95(Corrected) "An Act making appropriations for the                                                                    
operating and loan program expenses of state government, for certain                                                            
programs, and to capitalize funds; making appropriations under art.                                                             
IX, sec. 17(c), Constitution of the State of Alaska; and providing for                                                          
an effective date" which had been held on the Secretary's desk (page                                                            
1337).                                                                                                                          
                                                                                                                                
Senator Stevens moved that the Senate adopt the Conference                                                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                                            
95(Corrected).                                                                                                                  
                                                                                                                                
The question being: "Shall the Senate adopt the Conference                                                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                                            
95(Corrected) "An Act making appropriations for the operating and                                                               
loan program expenses of state government, for certain programs, and                                                            
to capitalize funds; making appropriations under art. IX, sec. 17(c),                                                           
Constitution of the State of Alaska; and providing for an effective                                                             
date"?" The roll was taken with the following result:                                                                           

2007-05-16                     Senate Journal                      Page 1347
                                                                                                                                
CCS HB 95(Corrected)                                                                                                            
Shall the Senate Adopt the Conference Committee                                                                                 
Report?                                           Effective Dates                                                               
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, Green, Hoffman, Huggins,                                                                   
Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski                                                                 
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the report was adopted.                                                                                                 
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the vote on                                                              
the adoption of the Conference Committee Report be considered the                                                               
vote on the effective date clauses. Without objection, it was so                                                                
ordered.                                                                                                                        
                                                                                                                                
Senator Stevens moved for the adoption of the constitutional budget                                                             
reserve fund section.                                                                                                           
                                                                                                                                
The question being: "Shall the constitutional budget reserve fund                                                               
section (Article IX, Section 17(c) Constitution of the State of Alaska)                                                         
be adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                
CCS HB 95(Corrected)                                                                                                            
Adopt Constitutional Budget Reserve Fund Section?                                                                               
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Hoffman,                                                              
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Therriault,                                                                 
Thomas, Wagoner, Wielechowski, Wilken                                                                                           
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the constitutional budget reserve fund section was adopted.                                                             
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2007-05-16                     Senate Journal                      Page 1348
HB 96                                                                                                                         
Senator Stevens moved and asked unanimous consent to take up the                                                                
Conference Committee Report on CONFERENCE CS FOR HOUSE                                                                          
BILL NO. 96 "An Act making appropriations for the operating and                                                                 
capital expenses of the state's integrated comprehensive mental health                                                          
program; and providing for an effective date" which had been held on                                                            
the Secretary's desk (page 1338). Without objection, it was so ordered.                                                         
                                                                                                                                
Senator Stevens moved that the Senate adopt the Conference                                                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL                                                                                
NO. 96.                                                                                                                         
                                                                                                                                
The question being: "Shall the Senate adopt the Conference                                                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 96                                                                         
"An Act making appropriations for the operating and capital expenses                                                            
of the state's integrated comprehensive mental health program; and                                                              
providing for an effective date"?" The roll was taken with the                                                                  
following result:                                                                                                               
                                                                                                                                
CCS HB 96                                                                                                                       
Shall the Senate Adopt the Conference                                                                                           
Committee Report?                  Effective Date                                                                               
                                                                                                                                
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, Green, Hoffman, Huggins,                                                                   
Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski,                                                                
Wilken                                                                                                                          
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner                                                                                        
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the report was adopted.                                                                                                 
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the vote on                                                              
the adoption of the Conference Committee Report be considered the                                                               
vote on the effective date clause. Without objection, it was so ordered.                                                        
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
Senator Wagoner moved and asked unanimous consent to extend the                                                                 
first session of the twenty-fifth legislature ten days. Senator Stevens                                                         
objected.                                                                                                                       

2007-05-16                     Senate Journal                      Page 1349
The question being: "Shall the first session of the twenty-fifth                                                                
legislature be extended ten days?" The roll was taken with the                                                                  
following result:                                                                                                               
                                                                                                                                
                                                                                                                                
Shall the First Session of the 25th Legislature                                                                                 
be extended ten days?                                                                                                           
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Dyson, Therriault, Wagoner, Wilken                                                                                       
                                                                                                                                
Nays:  Bunde, Cowdery, Davis, Ellis, Elton, Green, Hoffman,                                                                     
Huggins, Kookesh, McGuire, Olson, Stedman, Stevens, Thomas,                                                                     
Wielechowski                                                                                                                    
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the motion failed.                                                                                                      
                                                                                                                                
Senator Stevens moved and asked unanimous consent to return to                                                                  
messages from the House. Without objection, the Senate returned to:                                                             
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
                               Concur Messages                                                                               
                                                                                                                                
SB 53                                                                                                                         
Message dated May 16 was read, stating the House passed and                                                                     
returned for consideration CS FOR SENATE BILL NO. 53(FIN) "An                                                                   
Act making and amending appropriations, including capital                                                                       
appropriations, supplemental appropriations, and appropriations to                                                              
capitalize funds; ratifying certain expenditures; and providing for an                                                          
effective date" with the following amendments:                                                                                  
                                                                                                                                
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                                                       
          53(FIN) am H                                                                                                          
                                                                                                                                
Senator Stevens moved that the Senate concur in the House                                                                       
amendments.                                                                                                                     
                                                                                                                                
The question being: "Shall the Senate concur in the House                                                                       
amendments?" The roll was taken with the following result:                                                                      
                                                                                                                                

2007-05-16                     Senate Journal                      Page 1350
HCS CSSB 53(FIN) am H                                                                                                           
Shall the Senate Concur in the House                                                                                            
Amedments to CSSB 53(FIN)?   Effective Dates                                                                                    
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Cowdery, Davis, Ellis, Elton, Green, Hoffman, Huggins,                                                                   
Kookesh, McGuire, Olson, Stedman, Stevens, Thomas, Wielechowski                                                                 
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner, Wilken                                                                                
                                                                                                                                
Excused:  French                                                                                                                
                                                                                                                                
and so, the Senate concurred in the House amendments, thus adopting                                                             
HOUSE CS FOR CS FOR SENATE BILL NO. 53(FIN) am H "An                                                                            
Act making and amending appropriations, including capital                                                                       
appropriations, supplemental appropriations, and appropriations to                                                              
capitalize funds; ratifying certain expenditures; and providing for an                                                          
effective date."                                                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the vote on                                                              
concurrence be considered the vote on the effective date clauses.                                                               
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 1:00 p.m., January 15, 2008. Without                                                                 
objection, the Senate adjourned at 11:51 p.m.                                                                                   
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                

2007-05-16                     Senate Journal                      Page 1351
                                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                                                           
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ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
May 16        Wednesday                 Senate Finance 532            9:00 AM                                                 
              -- MEETING CANCELED --                                                                                            
+             Bills Previously Heard/Scheduled