Legislature(2007 - 2008)

2008-01-15 Senate Journal

Full Journal pdf

2008-01-15                     Senate Journal                      Page 1567
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-FIFTH LEGISLATURE                                                                          
                                                                                                                                
                                SECOND SESSION                                                                               
                                                                                                                                
Juneau, Alaska                     Tuesday                 January 15, 2008                                                   
                                                                                                                                
                                  First Day                                                                                  
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Green at 3:09 p.m.                                                                                                              
                                                                                                                                
The roll showed eighteen members present. Senator Cowdery was                                                                   
excused from a call of the Senate. Senator Stedman was absent.                                                                  
                                                                                                                                
Senator Green cited Uniform Rule 15 and stated Senator Cowdery was                                                              
excused due to illness. A letter, dated October 22, 2007, from Senator                                                          
Cowdery's physician is on file in the Senate Secretary's Office.                                                                
                                                                                                                                
The prayer was offered by the Chaplain, The Reverend Hunter Silides,                                                            
Associate Pastor of Holy Trinity Episcopal Church. Senator Hoffman                                                              
moved and asked unanimous consent that the prayer be spread.                                                                    
Without objection, it was so ordered.                                                                                           
                                                                                                                                
          May the God who created us hold us now, granting                                                                      
          us quietness of mind and peace of heart. Gracious                                                                     
          Lord, I thank you for this moment. I ask that you fill                                                                
          it with your presence that your power and love may                                                                    
          be felt in this body.                                                                                                 
                                                                                                                                
          Sustain these servants of your people. Guard and                                                                      
          protect those they left at home, I pray. Give to all                                                                  
          those gathered here a sure knowledge that their                                                                       
          parents, children and loved ones are secure in your                                                                   
          hands, that they may diligently perform the tasks they                                                                
          have been set. May it please you to bless them with                                                                   
          wisdom, insight and patience. May they uphold one                                                                     
          another and work together for the common good.                                                                        

2008-01-15                     Senate Journal                      Page 1568
          Make them brave in defense of justice, and of all the                                                                 
          peoples of this blessed land. Keep us all humble in                                                                   
          the face of your mighty creation, and make us faithful                                                                
          stewards of the riches you have bestowed upon us in                                                                   
          nature. Lord, these my brothers and sisters have a                                                                    
          mighty work laid out for them. You have given them                                                                    
          a will to do what is best for our people, give them                                                                   
          now also the means to do it.                                                                                          
                                                                                                                                
          And finally, Gracious One, I ask you to deal gently                                                                   
          with them. Hold them tenderly in your mercy as                                                                        
          pressures mount that they may deal gently with one                                                                    
          another. And whenever in doubt, dear God, remind us                                                                   
          simply to return to you and be restored.            Amen.                                                            
                                                                                                                                
Senator Kookesh led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
President Green appointed Senator Ellis and Senator Therriault to                                                               
inform the Governor that the Senate is ready to do business.                                                                    
                                                                                                                                
President Green appointed Senator Bunde and Senator Kookesh to                                                                  
inform the House that the Senate is ready to do business.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the journal                                                              
for the thirtieth legislative day of the Second Special Session and the                                                         
Final Supplement of the Second Special Session be approved as                                                                   
certified by the Secretary. Without objection, it was so ordered.                                                               
                                                                                                                                
                                                                                                                                
                      Introduction of Senate Floor Staff                                                                     
                                                                                                                                
Senator Elton introduced the following Senate Pages:                                                                            
                                                                                                                                
   Alida Bus     Jeff Fanning                                                                                                   
   Stephanie Orsi    Jake Kreuzenstein                                                                                          
   April Shoemaker   Lauren Brooks                                                                                              
                                                                                                                                

2008-01-15                     Senate Journal                      Page 1569
                          Messages from the Governor                                                                         
                                                                                                                                
Message dated December 18, 2007, was read, stating:                                                                             
                                                                                                                                
Under the provisions of article III, section 18 of the Alaska                                                                   
Constitution, I am hereby requesting the opportunity to address a joint                                                         
session of the Twenty-Fifth Alaska State Legislature on Tuesday,                                                                
January 15, 2008, at 6:00 p.m. for presentation of the State of the State                                                       
and State of the Budget Address.                                                                                                
                                                                                                                                
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Message dated January 9 was read, stating:                                                                                      
                                                                                                                                
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-fifth Alaska Legislature at 7:00 p.m. on                                                                  
Tuesday, January 15 for the purpose of hearing the Governor's State of                                                          
the State and Budget message.                                                                                                   
                                                                                                                                
Follow-up message dated January 15 was read, stating:                                                                           
                                                                                                                                
At your request, I am asking that the starting time for the joint session                                                       
to hear the State of the State and Budget message be changed from                                                               
7:00 p.m. to 4:00 p.m. The change in time will accommodate the                                                                  
Governor's out of state travel plans for personal reasons.                                                                      
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
accept the House invitation to meet in Joint Session at 4:00 p.m.                                                               
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
Message dated January 9 was read, stating:                                                                                      
                                                                                                                                
The House of Representatives respectfully invites the Senate to a Joint                                                         
Session of the Twenty-fifth Alaska Legislature at 11:00 a.m. on                                                                 
Tuesday, February 19 for the purpose of hearing Senator Ted Stevens'                                                            
annual message to the legislature.                                                                                              
                                                                                                                                

2008-01-15                     Senate Journal                      Page 1570
Senator Stevens moved and asked unanimous consent that the Senate                                                               
accept the House invitation to meet in Joint Session. Without                                                                   
objection, it was so ordered.                                                                                                   
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
                                                                                                                                
                                Communications                                                                               
                                                                                                                                
The following reports are on file in the Office of the Secretary of the                                                         
Senate:                                                                                                                         
                                                                                                                                
2007 Report Listing Alaska Statutes with Delayed Repeals or Delayed                                                             
Amendments and Examining Court Decisions and Opinions of the                                                                    
Attorney General Construing Alaska Statutes                                                                                     
from Division of Legal and Research Services                                                                                    
Legislative Affairs Agency                                                                                                      
in accordance with AS 24.20.065(b)                                                                                              
                                                                                                                                
   th                                                                                                                           
69 Annual Report, Calendar Year 2006 - Fiscal Year 2007                                                                         
from Linda S. Hall, Director, Division of Insurance                                                                             
Department of Commerce, Community and Economic Development                                                                      
in accordance with AS 21.06.110                                                                                                 
                                                                                                                                
Financial Statements and Schedules with                                                                                         
Independent Auditors' Report, June 30, 2007 and 2006                                                                            
from Alaska Energy Authority                                                                                                    
in accordance with AS 44.83.940                                                                                                 
                                                                                                                                
2007 Annual Report, Promoting a Healthy Alaska                                                                                  
Offering Hope and Opportunity                                                                                                   
from Karleen K. Jackson, Commissioner                                                                                           
Department of Health and Social Services                                                                                        
in accordance with AS 18.05.020                                                                                                 
                                                                                                                                
Alaska Annual Report on Activities of the National Conference of                                                                
Commissioners on Uniform State Laws                                                                                             
from Deborah E. Behr, Alaska Uniform Law Commissioner                                                                           
Office of the Attorney General, Department of Law                                                                               
                                                                                                                                

2008-01-15                     Senate Journal                      Page 1571
The following Budget and Audit Reports were received from Pat                                                                   
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                                              
are on file in the Office of the Secretary of the Senate:                                                                       
                                                                                                                                
Condensed 2007 Annual Report from the Legislative Budget & Audit                                                                
Committee                                                                                                                       
                                                                                                                                
Unabridged 2007 Annual Report from the Legislative Budget & Audit                                                               
Committee                                                                                                                       
                                                                                                                                
Department of Education and Early Development, Special Education                                                                
Service Agency, October 9, 2007                                                                                                 
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
stand in recess to the Joint Session. Without objection, the Senate                                                             
recessed at 3:26 p.m.                                                                                                           
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
                          Joint Session in the House                                                                         
                                                                                                                                
Speaker Harris called the House to order and in accordance with                                                                 
Uniform Rule 51 turned the gavel over to President Green, who called                                                            
the Joint Session to order at 4:02 p.m.                                                                                         
                                                                                                                                
The purpose of the Joint Session was to hear an address by the                                                                  
Honorable Sarah Palin, Governor.                                                                                                
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the roll call                                                            
of the Senate be waived and all members be shown as present.                                                                    
Without objection, it was so ordered.                                                                                           
                                                                                                                                
Representative Samuels moved and asked unanimous consent that the                                                               
roll call of the House be waived and all members be shown as present.                                                           
Without objection, it was so ordered.                                                                                           
                                                                                                                                

2008-01-15                     Senate Journal                      Page 1572
President Green appointed Representative Roses and Senator Hoffman                                                              
to escort the Governor to the Joint Session.                                                                                    
                                                                                                                                
The Senate Sergeant at Arms, Gary Stambaugh, announced Governor                                                                 
Palin's entrance to the House Chamber.                                                                                          
                                                                                                                                
The Honorable Sarah Palin was escorted to the rostrum and welcomed                                                              
by President Green.                                                                                                             
                                                                                                                                
Governor Palin delivered her address. This address appears in House                                                             
and Senate Joint Journal Supplement No. 10.                                                                                     
                                                                                                                                
Governor Sarah Palin received a standing ovation and was escorted                                                               
from the chamber by Senator Hoffman and Representative Roses.                                                                   
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Joint                                                                
Session stand in adjournment. Without objection, President Green                                                                
adjourned the Joint Session at 4:30 p.m.                                                                                        
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
                                In the Senate                                                                                
                                                                                                                                
The Senate reconvened at 4:39 p.m.                                                                                              
                                                                                                                                
President Green stated the Senate would move down the calendar to                                                               
Unfinished Business. Without objection, the Senate proceeded to:                                                                
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
Senator Davis moved and asked unanimous consent to be excused                                                                   
from a call of the Senate on January 18. Without objection, Senator                                                             
Davis was excused.                                                                                                              
                                                                                                                                
Senator Bunde moved and asked unanimous consent to be excused                                                                   
from a call of the Senate from September 1 through November 30.                                                                 
Without objection, Senator Bunde was excused.                                                                                   
                                                                                                                                

2008-01-15                     Senate Journal                      Page 1573
SB 101                                                                                                                        
Senator Ellis moved and asked unanimous consent that SENATE                                                                     
BILL NO. 101 "An Act relating to private professional conservators                                                              
and private and public guardians" be returned to the Labor and                                                                  
Commerce Committee. Without objection, the bill was returned to the                                                             
Labor and Commerce Committee.                                                                                                   
                                                                                                                                
                                                                                                                                
President Green stated that a letter dated January 15 had been received                                                         
from Senator Cowdery, Rules Committee Chair, resigning his                                                                      
chairmanship of the Rules Committee effective immediately.                                                                      
                                                                                                                                
The letter is on file in the Office of the Senate Secretary.                                                                    
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Stevens moved and asked unanimous consent that the Senate                                                               
stand in adjournment until 10:00 a.m., January 16, 2008. Without                                                                
objection, the Senate adjourned at 4:46 p.m.                                                                                    
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2008-01-15                     Senate Journal                      Page 1574
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                         COMMUNITY & REGIONAL AFFAIRS                                                                        
                                                                                                                                
Jan 17        Thursday                              Beltz 211         3:30 PM                                                 
              -- Meeting Postponed to 1/22/08 --                                                                                
+ SB 161 COASTAL MANAGEMENT PROGRAM                                                                                             
              Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Jan 22        Tuesday                               Beltz 211         3:30 PM                                                 
              -- Meeting Postponed from 1/17/08 --                                                                              
+= SB 161 COASTAL MANAGEMENT PROGRAM                                                                                            
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Jan 15        Tuesday                   Senate Finance 532            9:00 AM                                                 
              No Meeting Scheduled                                                                                              
                                                                                                                                
Jan 16        Wednesday                  House Finance 519            1:00 PM                                                 
+             Joint with House Finance                                                                                          
              FY 2009 Budget Overview and Policy                                                                                
              Discussion, by Dir. Karen Rehfeld,                                                                                
              Office of Management and Budget                                                                                   
                                                                                                                                
Jan 17        Thursday                   House Finance 519            1:00 PM                                                 
+             Joint with House Finance                                                                                          
              Overview of Governor's Proposed FY 2009                                                                           
              Budget, by Dir. David Teal, Legislative                                                                           
              Finance Division                                                                                                  
                                                                                                                                
                                                                                                                                

2008-01-15                     Senate Journal                      Page 1575
                             FINANCE (continued)                                                                             
                                                                                                                                
Jan 18        Friday                    Senate Finance 532            9:00 AM                                                 
              No Meeting Scheduled                                                                                              
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Jan 16        Wednesday                       Butrovich 205         10:30 AM                                                  
+             10:30 a.m. to 5:00 p.m.                                                                                           
              Senate Judiciary Committee Crime Summit                                                                           
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                
Jan 17        Thursday                        Butrovich 205           8:30 AM                                                 
+             8:30 a.m. to 5:00 p.m.                                                                                            
              Senate Judiciary Committee Crime Summit                                                                           
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Jan 15        Tuesday                               Beltz 211         1:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
              Bills Previously Heard/Scheduled                                                                                  
= SB  28 LIMIT OVERTIME FOR REGISTERED NURSES                                                                                   
= SB 107 NATUROPATHS                                                                                                            
                                                                                                                                
Jan 17        Thursday                              Beltz 211         1:30 PM                                                 
+ SB 147 WORKERS' COMP EMPLOYER LIABILITY                                                                                       
              <Bill Hearing Postponed>                                                                                          
              Bills Previously Heard/Scheduled                                                                                  
= SB 120 UNEMPLOYMENT COMPENSATION BENEFITS                                                                                     
= SB  28 LIMIT OVERTIME FOR REGISTERED NURSES                                                                                   
= SB 107 NATUROPATHS                                                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Jan 18        Friday                          Butrovich 205           3:30 PM                                                 
              -- Teleconference --                                                                                              
              Gas Offtake, Resource Considerations in                                                                           
              the 'Maximum Benefit' Equation                                                                                    
              Alaska Oil & Gas Conservation Commission                                                                          
              -- Testimony <Invitation Only> --                                                                                 
                                                                                                                                

2008-01-15                     Senate Journal                      Page 1576
                            RESOURCES (continued)                                                                            
                                                                                                                                
Jan 19        Saturday                        Butrovich 205         11:00 AM                                                  
              -- Teleconference --                                                                                              
              -- Note Time Change --                                                                                            
              Alaska's Gas: How Our Current Fiscal Policies Stack Up;                                                           
              North American and International Regimes                                                                          
              Administration: Departments of Revenue and Natural                                                                
              Resources                                                                                                         
              -- Testimony <Invitation Only> --                                                                                 
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                          LEGISLATIVE BUDGET & AUDIT                                                                         
                                                                                                                                
Jan 29        Tuesday                    House Finance 519            9:00 AM                                                 
              Denali Commission Presentation                                                                                    
              Consider Final & Preliminary Audits                                                                               
              Audit Software                                                                                                    
              Other Committee Business                                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                   
                                                                                                                                
Jan 16        Wednesday                             Beltz 211         1:00 PM                                                 
              FULL COMMITTEE: Open Session                                                                                      
              Public Comment                                                                                                    
              Chair/Staff Report                                                                                                
              Budget                                                                                                            
              Advisory Opinions:                                                                                                
              07-05 Blackberry Use                                                                                              
              07-08 Legislative Travel & Campaigning                                                                            
              Legislative Internship Programs                                                                                   
              Committee Rules of Procedure                                                                                      
              Legislation Update                                                                                                
              Other Business                                                                                                    
              SENATE SUBCOMMITTEE: Executive Session                                                                            
              Public Comment                                                                                                    
              Executive Session                                                                                                 
              Public Session                                                                                                    
              HOUSE SUBCOMMITTEE: Executive Session                                                                             
              Public Comment                                                                                                    
              Executive Session                                                                                                 
              Public Session                                                                                                    
                   ----------------------------------------                                                                    

2008-01-15                     Senate Journal                      Page 1577
                    TASK FORCE ON THE REGULATORY COM OF AK                                                                   
                                                                                                                                
Jan 21        Monday                          Butrovich 205           9:00 AM                                                 
+             Legislative Resolve 11 - RCA TASK FORCE                                                                           
+             Overview with Commissioner Anthony Price                                                                          
                                                                                                                                
Jan 22        Tuesday                         Butrovich 205           9:00 AM                                                 
+             Legislative Resolve 11 - RCA Task Force                                                                           
+             Overview with Commissioner Anthony Price                                                                          
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                                JOINT SESSION                                                                                
                                                                                                                                
Feb 19        Tuesday                      House Chamber            11:00 AM                                                  
              Annual Address by the Honorable Ted Stevens, U.S. Senator                                                         
                   ----------------------------------------                                                                    
                                                                                                                                
                               VPSO TASK FORCE                                                                               
                                                                                                                                
Jan 18        Friday                                Beltz 211         8:00 AM                                                 
              -- Rescheduled from 01/04/08 --                                                                                   
              Findings & Recommendations for Report to                                                                          
              Legislature (due in February)                                                                                     
              -- Testimony <Invitation Only> --