Legislature(2009 - 2010)
2009-02-06 Senate Journal
Full Journal pdf2009-02-06 Senate Journal Page 0171 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday February 6, 2009 Eighteenth Day Pursuant to adjournment the Senate was called to order by President Stevens at 10:00 a.m. The roll showed fifteen members present. Senators Dyson, Therriault, Wagoner were excused from a call of the Senate. Senators Davis, McGuire were absent. The prayer was offered by the Chaplain, Pastor Tom Matthews of Douglas Island Bible Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord: Thank you once again for giving me the opportunity to pray on behalf of the men and women here today who have been tasked with being the decision makers for our state. What an awesome responsibility they have. There is no other state that so clearly shows the power of your creative hand. The wildlife and scenery take our breath away. I pray that you would bring men and women around these senators who would give them good counsel, so they would be able to make informed decisions, and preserve this state and its resources for the generations to come. Lord, I also want to lift up those in leadership over us. I ask you to give Governor Palin wisdom. Help her as she leads us. May she always be known as someone with scruples, who is 2009-02-06 Senate Journal Page 0172 committed to justice, honesty and integrity. This is a big state with much potential. Help her to find doors that can be opened to develop Alaska's future. Give her the wisdom to know when to pursue something and the wisdom to know when it is time to say no. I also lift up our president. I pray for President Obama as he has a hard task in front of him to bring our country back from the economic disaster we find ourselves in. It seems there are no quick ways of restoring this land back into economic stability. I pray that you would give him the wisdom as President to bring financial advisors around him who can help him find the path to our recovery. Proverbs 14:34 gives us good counsel: "Righteousness exalts a nation: but sin is a disgrace to any people." I pray that we would pursue righteousness as a nation. May we always take sin seriously and not allow it to separate us from you as individuals or as a nation. In the name of your beloved Son, Jesus Christ I lift this prayer today. Amen. Senator Huggins led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the sixteenth and seventeenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator McGuire was noted. Messages from the Governor SR 1 Message dated February 4 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2009-02-06 Senate Journal Page 0173 SENATE RESOLUTION NO. 1 Relating to establishing a Senate Special Committee on Energy. Senate Resolve No. 1 Messages from the House SB 77 Message dated February 4 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 77(STA) "An Act relating to the Joint Armed Services Committee; and providing for an effective date." The bill was referred to the Secretary for enrollment. Pending enactment of CS FOR SENATE BILL NO. 77(STA), President Stevens made the following appointments: Joint Armed Services Committee Senator Wielechowski, Cochair Senator Huggins Senator McGuire Senator Paskvan Senator Therriault Message dated February 4 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 11 CS FOR HOUSE JOINT RESOLUTION NO. 11(FIN) BY THE HOUSE FINANCE COMMITTEE, Relating to the federal stimulus package. 2009-02-06 Senate Journal Page 0174 was read the first time and referred to the Finance Committee. Communications Disclosure letters received in accordance with AS 24.60 were published today in Senate Journal Supplement No. 1 and House and Senate Joint Journal Supplement No. 2. The following reports are on file in the Office of the Secretary of the Senate: Schedule of Travel and Compensation Reports for Alaska Court System Supreme Court Justices, Appellate Court Judges and Administrative Director Calendar Year 2008 from Stephanie J. Cole, Administrative Director, Alaska Court System in accordance with AS 22.20.037(d) Annual Capital Project Status Report Bradley Lake Hydroelectric Project from Steve Haagenson, Executive Director Alaska Energy Authority in accordance with AS 44.83.950(b) 2008 Annual Report from Lela F. Klingert, President Alaska Commercial Fishing and Agriculture Bank in accordance with AS 44.81.200 The presence of Senator Davis was noted. Standing Committee Reports Report dated February 4 was read, stating: In accordance with AS 24.60.130 the Senate Judiciary Committee reviewed the following with regard to confirmation of the appointments by Chief Justice Dana Fabe: 2009-02-06 Senate Journal Page 0175 Select Committee on Legislative Ethics Herman G. Walker, Jr. Dennis "Skip" Cook There were no stated objections to the named individuals. This does not reflect an intent by any of the members to vote for or against the individuals during any further sessions. Signing the report: Senator French, Chair, Senators Wielechowski, McGuire, Elton, Therriault. The appointments will be forwarded to a Joint Session. SB 3 The Community and Regional Affairs Committee considered SENATE BILL NO. 3 "An Act authorizing an Alaska regional development organization to use the Alaska Commercial Fisheries Entry Commission as an informational resource." Signing no recommendation: Senator Olson, Chair; Senator Kookesh. Signing do pass: Senators French, Thomas, Menard. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 2, zero, Department of Fish and Game The bill was referred to the Resources Committee. SB 4 The Community and Regional Affairs Committee considered SENATE BILL NO. 4 "An Act relating to the Alaska coastal management program; and establishing the Alaska Coastal Policy Board" and recommended it be replaced with CS FOR SENATE BILL NO. 4(CRA) Signing do pass: Senator Olson, Chair; Senators Thomas, Kookesh. Signing no recommendation: Senators French, Menard. 2009-02-06 Senate Journal Page 0176 The following fiscal information was published today: Fiscal Note No. 1, Department of Environmental Conservation Fiscal Note No. 2, Department of Natural Resources The bill was referred to the Resources Committee. SB 19 The Community and Regional Affairs Committee considered SENATE BILL NO. 19 "An Act relating to complaints concerning peace officers and village public safety officers and to notification to persons filing complaints concerning peace officers and village public safety officers" and recommended it be replaced with CS FOR SENATE BILL NO. 19(CRA) "An Act relating to complaints concerning peace officers and to notification to persons filing complaints concerning peace officers." Signing no recommendation: Senator Olson, Chair. Signing do pass: Senators French, Thomas, Kookesh, Menard. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Public Safety The bill was referred to the State Affairs Committee. SB 83 The Labor and Commerce Committee considered SENATE BILL NO. 83 "An Act repealing the governor's committee on employment of people with disabilities; creating the state vocational rehabilitation committee and relating to the committee; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 83(L&C) Signing do pass: Senator Paskvan, Chair; Senators Thomas, Davis. Signing no recommendation: Senators Meyer, Bunde. 2009-02-06 Senate Journal Page 0177 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Labor and Workforce Development The bill was referred to the Finance Committee. Introduction and Reference of Senate Resolutions SR 5 SENATE RESOLUTION NO. 5 BY THE SENATE JUDICIARY COMMITTEE, Relating to subpoenas issued by the Senate Judiciary Committee and to compliance with those subpoenas. was read the first time. Senator Ellis moved and asked unanimous consent that the resolution be taken up. Without objection, SENATE RESOLUTION NO. 5 was before the Senate on final passage. The question being: "Shall SENATE RESOLUTION NO. 5 Relating to subpoenas issued by the Senate Judiciary Committee and to compliance with those subpoenas, pass the Senate?" The roll was taken with the following result: SR 5 Final Passage YEAS: 16 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde Excused: Dyson, Therriault, Wagoner and so, SENATE RESOLUTION NO. 5 passed the Senate and was referred to the Secretary for engrossment and enrollment. 2009-02-06 Senate Journal Page 0178 Introduction and Reference of Senate Bills SB 101 SENATE BILL NO. 101 BY SENATOR DAVIS, entitled: "An Act relating to questionnaires and surveys administered in the public schools." was read the first time and referred to the Education and Health and Social Services Committees. SB 102 SENATE BILL NO. 102 BY SENATORS DAVIS, McGuire, entitled: "An Act relating to compulsory school attendance; relating to the crime of contributing to the delinquency of a minor; and relating to school disciplinary action and truancy." was read the first time and referred to the Education, Judiciary and Finance Committees. Consideration of the Calendar Citations Honoring - Elizabeth Peratrovich Day Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski Honoring - Petersburg High School 2008 3A State Wrestling Champions Representative(s) Wilson Senator(s) Stedman, Stevens, Bunde, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Therriault, Thomas, Wagoner, Wielechowski 2009-02-06 Senate Journal Page 0179 Honoring - Barrow Arctic Science Consortium Representative(s) Joule Senator(s) Olson, Stevens, Bunde, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Helen Bette Day Representative(s) Guttenberg Senator(s) Thomas, Stevens, Bunde, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Wagoner, Wielechowski In Memoriam - Leon Gaston Quesnel Representative(s) Olson Senator(s) Wagoner, Stevens, Bunde, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wielechowski In Memoriam - James "Vince" O'Reilly Representative(s) Olson Senator(s) Wagoner, Stevens, Bunde, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wielechowski In Memoriam - David M. Feeken Representative(s) Olson Senator(s) Wagoner, Stevens, Bunde, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wielechowski In Memoriam - James F. "Jim" Pope Representative(s) Olson Senator(s) Wagoner, Stevens, Bunde, Davis, Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wielechowski Senator Ellis moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2009-02-06 Senate Journal Page 0180 Unfinished Business President Stevens changed the following referral (page 147): Alaska Commercial Fisheries Entry Commission (CFEC) Judge Peter Froehlich - Juneau Appointed: 8/2/2005 Reappointed: 3/1/2009 Term Expires: 3/1/2013 The appointment was referred to the Resources Committee. Senators Ellis, Stedman, Wielechowski, French moved and asked unanimous consent to be excused from a call of the Senate on February 9, to morning plane time. Without objection, Senators Ellis, Stedman, Wielechowski, French were excused. Senator Kookesh moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, February 7 through morning plane time, February 9. Without objection, Senator Kookesh was excused. Senator Menard moved and asked unanimous consent to be excused from a call of the Senate from plane time, February 13 through evening plane time, February 17; and from afternoon plane time, February 20, through evening plane time, February 22. Without objection, Senator Menard was excused. Senator McGuire moved and asked unanimous consent to be excused from a call of the Senate on February 9. Without objection, Senator McGuire was excused. Senator Wielechowski moved and asked unanimous consent to be excused from a call of the Senate on February 16, to morning plane time. Without objection, Senator Wielechowski was excused. Senator Meyer moved and asked unanimous consent to be excused from a call of the Senate from plane time, February 6 through plane time, February 9. Without objection, Senator Meyer was excused. 2009-02-06 Senate Journal Page 0181 SB 23 Senators McGuire, Thomas, Davis moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 23 "An Act repealing the defined contribution retirement plans for teachers and for public employees; providing a defined benefit retirement plan for teachers and public employees; making conforming amendments; and providing for an effective date." Without objection, it was so ordered. SB 29 Senator Thomas moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 29 "An Act naming the Capitol Annex the Thomas B. Stewart Legislative Office Building." Without objection, it was so ordered. SB 33 Senator Thomas moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 33 "An Act creating a postsecondary scholarship grant program for Alaska residents based on high achievement and financial need." Without objection, it was so ordered. SB 93 Senator Thomas moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 93 "An Act relating to a municipal property tax credit for an improvement that aids in improving air quality." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Enrollment SB 77 CS FOR SENATE BILL NO. 77(STA) "An Act relating to the Joint Armed Services Committee; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:00 a.m., February 6, 2009. 2009-02-06 Senate Journal Page 0182 Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 9, 2009. Without objection, the Senate adjourned at 10:22 a.m. Kirsten Waid Secretary of the Senate 2009-02-06 Senate Journal Page 0183 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Feb 10 Tuesday Beltz 211 3:30 PM + SB 48 MEETINGS OF ROAD SERVICE AREA BOARDS + SB 93 MUNICIPAL AIR QUALITY PROPERTY TAX CREDIT Bills Previously Heard/Scheduled Feb 12 Thursday Beltz 211 3:30 PM Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Feb 06 Friday Beltz 211 8:00 AM -- MEETING CANCELED -- += SB 57 CHARTER SCHOOL FUNDING If Necessary Feb 09 Monday Beltz 211 8:00 AM + SB 33 POSTSECONDARY SCHOLARSHIPS Overview: Conference of Young Alaskans Feb 11 Wednesday Beltz 211 8:00 AM += SB 33 POSTSECONDARY SCHOLARSHIPS Overview: Alaska Mental Health Trust, Bring the Kids Home Program Feb 13 Friday Beltz 211 8:00 AM No Meeting Scheduled 2009-02-06 Senate Journal Page 0184 FINANCE Feb 06 Friday Senate Finance 532 9:00 AM + Presentation: State Budget Reserves/Savings Accounts and Sweep Mechanics Bills Previously Heard/Scheduled Feb 09 Monday Senate Finance 532 9:00 AM + HJR 11 PROJECTS FOR ECONOMIC STIMULUS PACKAGE + Bills Previously Heard/Scheduled Feb 10 Tuesday Senate Finance 532 9:00 AM + Overview: Economic and Capital Market Outlook by Michael O'Leary, EVP, Callan Associates + Permanent Fund Performance Review -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Feb 11 Wednesday Senate Finance 532 9:00 AM + Overview: Retirement Trust Performance Review by Dept of Revenue & Alaska Retirement Management Board + Constitutional Budget Reserve Performance Review -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Feb 12 Thursday Senate Finance 532 9:00 AM + Overview: Dept of Transportation Statewide Capital Project Overview -- Testimony <Invitation Only> -- + Bills Previously Heard/Scheduled Feb 13 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 06 Friday Butrovich 205 1:30 PM No Meeting Scheduled 2009-02-06 Senate Journal Page 0185 HEALTH & SOCIAL SERVICES (continued) Feb 09 Monday Butrovich 205 1:30 PM + SB 13 MEDICAL ASSISTANCE ELIGIBILITY + SB 87 MEDICAL ASSISTANCE ELIGIBILITY + Bills Previously Heard/Scheduled Feb 11 Wednesday Butrovich 205 1:30 PM + Returning Kids from Out of State, Jeff Jessee, Mental Health Trust + SCR 1 BRAIN INJURY AWARENESS MONTH: MARCH 2009 + SB 52 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE + Bills Previously Heard/Scheduled Feb 13 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 06 Friday Beltz 211 1:30 PM No Meeting Scheduled Feb 09 Monday Beltz 211 1:30 PM + Confirmation Hearing: Chief Administrative Law Judge, Terry Thurbon + SJR 3 FIREARMS IN NATIONAL PARK Feb 11 Wednesday Beltz 211 1:30 PM + Overview: Dept of Public Safety Commissioner Joseph A. Masters -- Testimony <Invitation Only> -- Feb 13 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Feb 10 Tuesday Beltz 211 1:30 PM Bills Previously Heard/Scheduled 2009-02-06 Senate Journal Page 0186 LABOR & COMMERCE (continued) Feb 12 Thursday Beltz 211 1:30 PM += SB 1 ALASKA MINIMUM WAGE + SB 23 REPEAL DEFINED CONTRIB RETIREMENT PLANS Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 06 Friday Butrovich 205 3:30 PM No Meeting Scheduled Feb 09 Monday Butrovich 205 3:30 PM + Overview: Cook Inlet Gas Supplies and Exploration/Development Activities Presentation by the Administration's Oil and Gas Division Feb 11 Wednesday Butrovich 205 3:30 PM + Overview: In-State Use of Cook Inlet Gas Invited Presenters: Chugach Electric, Enstar, ML&P, RCA, Dept of Law, Div. of Regulatory Affairs & Public Advocacy Feb 13 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Feb 10 Tuesday Beltz 211 9:00 AM Confirmation of Governor's Appointments + SB 45 VETERANS' CEMETERIES/FUND/LICENSE PLATES Feb 12 Thursday Beltz 211 9:00 AM + Confirmation of Governor's Appointments Commissioner Joseph A. Masters, Dept of Public Safety Commissioner Kathleen Ballenger, APOC + SB 79 MED BENEFITS OF DISABLED PEACE OFFICERS + Bills Previously Heard/Scheduled ---------------------------------------- 2009-02-06 Senate Journal Page 0187 TRANSPORTATION Feb 10 Tuesday Butrovich 205 1:00 PM + SB 25 RICHARD DEWEY DUVALL FERRY TERMINAL + SB 72 CHILD SAFETY SEATS & SEAT BELTS Feb 12 Thursday Butrovich 205 1:00 PM Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES CORRECTIONS Feb 10 Tuesday Fahrenkamp 203 3:00 PM Committee Meeting ---------------------------------------- COURT SYSTEM Feb 09 Monday Beltz 211 5:00 PM + Court System Budget ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 12 Thursday Fahrenkamp 203 4:30 PM + EED Budget ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 06 Friday Butrovich 205 4:00 PM Joint w/(H) DEC Committee Meeting ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 10 Tuesday Fahrenkamp 203 8:00 AM + Department Budget Overview continuation -- Testimony <Invitation Only> -- 2009-02-06 Senate Journal Page 0188 FINANCE SUBCOMMITTEES (continued) HEALTH & SOCIAL SERVICES (continued) Feb 12 Thursday Fahrenkamp 203 8:00 AM + Medicaid, FMAP, Provider Rates -- Testimony <Invitation Only> -- Feb 17 Tuesday Fahrenkamp 203 8:00 AM + Office of Children's Services, Bring the Kids Home -- Testimony <Invitation Only> -- Feb 19 Thursday Fahrenkamp 203 8:00 AM + Division of Public Assistance, including Heating Assistance -- Testimony <Invitation Only> -- Mar 03 Tuesday Fahrenkamp 203 8:00 AM + Public Health Initiatives -- Testimony <Invitation Only> -- Mar 05 Thursday Fahrenkamp 203 8:00 AM + Governor's Amendments, Q & A -- Testimony <Invitation Only> -- ---------------------------------------- NATURAL RESOURCES Feb 10 Tuesday Fahrenkamp 203 4:00 PM + Departmental Budget Overview -- Testimony <Invitation Only> -- ---------------------------------------- PUBLIC SAFETY Feb 12 Thursday Fahrenkamp 203 1:30 PM + Department Budget Overview -- Testimony <Invitation Only> -- 2009-02-06 Senate Journal Page 0189 FINANCE SUBCOMMITTEES (continued) PUBLIC SAFETY (continued) Feb 17 Tuesday Fahrenkamp 203 1:30 PM + Status of VPSO Program & Recruitment Efforts for Them and the State Troopers -- Testimony <Invitation Only> -- Mar 03 Tuesday Fahrenkamp 203 1:30 PM + Governor's Amendments - Q & A Session -- Testimony <Invitation Only> -- ---------------------------------------- SPECIAL COMMITTEES ENERGY Feb 10 Tuesday Senate Finance 532 3:00 PM Joint w/(H) Energy + Work Session: Pathway to Energy Committee's Comprehensive Statewide Energy Plan Feb 12 Thursday Butrovich 205 11:00 AM + SB 31 GEOTHERMAL ELEC. PROD. TAX CREDIT + SB 54 PRICE GOUGING INVOLVING ENERGY RESOURCES + Bills Previously Heard/Scheduled ---------------------------------------- WORLD TRADE, TECH, INNOVATIONS Feb 10 Tuesday Capitol 106 5:15 PM + Joint w/(H) Economic Development, Trade & Tourism World Trade Center Alaska: Guest Speaker Greg Wolf, Executive Director World Trade Alaska Presentation & Overview of the World Trade Center Alaska ---------------------------------------- 2009-02-06 Senate Journal Page 0190 OTHER MEETINGS FISH CAUCUS Feb 12 Thursday Capitol 106 12:00 PM + Value Challenges in the Bristol Bay Salmon Fishery: Partnerships and New Ideas Brown Bag Lunch ---------------------------------------- JOINT SESSION Feb 11 Wednesday House Chamber 11:00 AM State of the Judiciary Address by Chief Justice Dana Fabe Feb 19 Thursday House Chamber 11:00 AM Annual Address by the Honorable Lisa Murkowski, U.S. Senator Apr 07 Tuesday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator