Legislature(2009 - 2010)
2009-02-23 Senate Journal
Full Journal pdf2009-02-23 Senate Journal Page 0323 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE FIRST SESSION Juneau, Alaska Monday February 23, 2009 Thirty-fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:00 a.m. The roll showed nineteen members present. Senator McGuire was excused from a call of the Senate. Senator Ellis moved and asked unanimous consent that Senator McGuire be excused from a call of the Senate on February 25, to morning plane time. Without objection, Senator McGuire was excused. The prayer was offered by the Chaplain, Pastor Sue Bahleda of the Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Guiding One: It is difficult and mighty work that these men and women gather to do this day. It is work that matters. And so, we thank you for their strength of commitment to serve all the people of this Great Land. We ask you to prepare their hearts and minds as they act on all that lies before them. Give them your wisdom, that they may faithfully speak. Give them your courage, that they may faithfully stand firm. Give them your creativity, that they may faithfully seek alternatives. Give them your energy, that they may faithfully persevere. Give them your justice, that they 2009-02-23 Senate Journal Page 0324 may faithfully provide for those in need. Give them your vision, that they may faithfully see possibilities. Give them your truth, that they may faithfully strive for what is right and good. Give them your hope, give them your peace, give them your love. Amen. Senator Hoffman led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the thirty-second through thirty-fourth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated February 20 was read, stating in accordance with AS 44.19.040 and Article III, Section 13 of the Alaska Constitution, I submit the following name for legislative confirmation of appointment to the position noted: Lieutenant Governor Successor Joseph D. Schmidt The appointment was referred to the State Affairs Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: State Training and Employment Program (STEP) Report from David G. Stone, Deputy Commissioner and STEP Task Force Cochair Department of Labor and Workforce Development in accordance with Chapter 46, SLA 2008 2009-02-23 Senate Journal Page 0325 Health Care Cost-Saving Measures from Annette Kreitzer, Commissioner, Department of Administration in accordance with AS 39.30.440 Twenty-Fourth Report 2007-2008 to the Legislature and Supreme Court from Larry Cohn, Executive Director Alaska Judicial Council in accordance with Article IV, Section 9 of the Alaska Constitution Notification of Availability: Training Program Performance 2007 from Jim Lynch, Chair, Alaska Workforce Investment Board Department of Labor and Workforce Development in accordance with AS 23.15.580(b)(9) available at: http://www.labor.state.ak.us/awib/home.htm Annual Report dated February 13, 2009 from Larry LeDoux, Commissioner Department of Education and Early Development in accordance with AS 14.03.078 Standing Committee Reports Report dated February 20 was read stating: In accordance with AS 39.05.080, the Senate Judiciary Committee met jointly with the House Judiciary Committee and reviewed the following names with regard to confirmation and recommends the appointments be forwarded to a joint session for consideration: Board of Governors of the Alaska Bar Dr. David L. Eichler - North Pole Commission on Judicial Conduct Jan Ostrovsky - Anchorage Alaska Judicial Council William F. Clarke - Chugiak Kathleen R. Tompkins-Miller - Fairbanks 2009-02-23 Senate Journal Page 0326 Violent Crimes Compensation Board Dr. Regina Chennault - Soldotna 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 confirmation of the individuals during any further sessions. Signing the report: Senator French, Chair; Senators Elton, Wielechowski, Therriault; Representatives Coghill, Gruenberg, Lynn, Holmes. SB 10 The Health and Social Services Committee considered SENATE BILL NO. 10 "An Act requiring health care insurers to provide insurance coverage for medical care received by a patient during certain approved clinical trials designed to test and improve prevention, diagnosis, treatment, or palliation of cancer; directing the Department of Health and Social Services to provide Medicaid services to persons who participate in those clinical trials; relating to experimental procedures under a state plan offered by the Comprehensive Health Insurance Association; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 10(HSS) Signing do pass: Senator Davis, Chair; Senators Ellis, Thomas, Paskvan. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Health and Social Services Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development The bill was referred to the Labor and Commerce Committee. SB 33 The Education Committee considered SENATE BILL NO. 33 "An Act creating a postsecondary scholarship grant program for Alaska residents based on high achievement and financial need" and recommended it be replaced with 2009-02-23 Senate Journal Page 0327 CS FOR SENATE BILL NO. 33(EDC) Signing do pass: Senator Elton, Chair; Senators Stevens, Davis. Signing no recommendation: Senator Olson. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, Department of Education and Early Development The bill was referred to the Finance Committee. Introduction and Reference of Senate Resolutions SR 6 SENATE RESOLUTION NO. 6 BY SENATORS THERRIAULT, Bunde, Olson, Dyson, Thomas, Wagoner, Elton, Menard, Meyer, Huggins, Stevens, Hoffman, Stedman, Opposing a rule proposed by the Transportation Security Administration that would require certain security measures under a Large Aircraft Security Program for general aviation and commercial aircraft with a gross take-off weight of 12,500 pounds or more. was read the first time. Senator Ellis moved and asked unanimous consent to take up the resolution at this time. Without objection, SENATE RESOLUTION NO. 6 was before the Senate on final passage. The question being: "Shall SENATE RESOLUTION NO. 6 Opposing a rule proposed by the Transportation Security Administration that would require certain security measures under a Large Aircraft Security Program for general aviation and commercial aircraft with a gross take-off weight of 12,500 pounds or more, pass the Senate?" The roll was taken with the following result: 2009-02-23 Senate Journal Page 0328 SR 6 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski Excused: McGuire and so, SENATE RESOLUTION NO. 6 passed the Senate and was referred to the Secretary for engrossment and enrollment. Introduction and Reference of Senate Bills SB 122 SENATE BILL NO. 122 BY SENATORS DAVIS, Kookesh, entitled: "An Act relating to providing a prekindergarten program within a school district; and providing for an effective date." was read the first time and referred to the Education and Finance Committees. Consideration of the Calendar Citations In Memoriam - Dr. Roger Gollub Representative(s) Gardner Senator(s) Ellis, Stevens, Bunde, Davis, Dyson, Elton, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski Senator Ellis moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 2009-02-23 Senate Journal Page 0329 Unfinished Business SJR 6 Senator Thomas moved and asked unanimous consent to be shown as a cosponsor on SENATE JOINT RESOLUTION NO. 6 Urging the United States Congress to reject H.R. 45, the Blair Holt's Firearm Licensing and Record of Sale Act of 2009. Without objection, it was so ordered. SB 31 Senator Thomas moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 31 "An Act relating to a geothermal electricity production tax credit under the Alaska Net Income Tax Act." Without objection, it was so ordered. SB 37 Senator Thomas moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 37 "An Act relating to certain investments of the Alaska permanent fund, the state's retirement systems, the State of Alaska Supplemental Annuity Plan, and the deferred compensation program for state employees in companies that do business in Sudan, and restricting those investments." Without objection, it was so ordered. SB 48 Senator Thomas moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 48 "An Act exempting municipal service area boards from the requirements of conducting meetings open to the public when meeting about road conditions affected by harsh weather." Without objection, it was so ordered. SB 13 Senator French moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 13 "An Act relating to eligibility requirements for medical assistance for certain children and pregnant women; and providing for an effective date." Without objection, it was so ordered. 2009-02-23 Senate Journal Page 0330 SB 87 Senator French moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 87 "An Act expanding medical assistance coverage for eligible children and pregnant women; relating to cost sharing for certain recipients of medical assistance; and providing for an effective date." Without objection, it was so ordered. Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from February 28 through March 10. Without objection, Senator Dyson was excused. Senator Stedman moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 27 through plane time, March 1; and from morning plane time, March 3 through morning plane time, March 8. Without objection, Senator Stedman was excused. Senator Hoffman moved and asked unanimous consent to be excused from a call of the Senate from 11:30 a.m. on February 25. Without objection, Senator Hoffman was excused. Senator Huggins moved and asked unanimous consent to be excused from a call of the Senate from plane time, February 27 through evening plane time, March 1; and from plane time, March 3 through evening plane time, March 8. Without objection, Senator Huggins was excused. Announcements Announcements are at the end of the journal. Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 25, 2009. Without objection, the Senate adjourned at 11:50 a.m. Kirsten Waid Secretary of the Senate 2009-02-23 Senate Journal Page 0331 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 24 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Feb 26 Thursday Beltz 211 3:30 PM No Meeting Scheduled ---------------------------------------- EDUCATION Feb 23 Monday Beltz 211 8:00 AM + SB 102 RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY Bills Previously Heard/Scheduled += SB 33 POSTSECONDARY SCHOLARSHIPS Feb 25 Wednesday Beltz 211 8:00 AM No Meeting Scheduled Feb 27 Friday Beltz 211 8:00 AM + SB 18 POSTSECONDARY MEDICAL EDUC. PROG. Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Feb 23 Monday Senate Finance 532 9:00 AM + SB 115 RURAL ENERGY ASSISTANCE PROGRAM + SB 116 APPROP: RURAL ENERGY ASSISTANCE + SB 93 MUNICIPAL AIR QUALITY PROPERTY TAX CREDIT Bills Previously Heard/Scheduled 2009-02-23 Senate Journal Page 0332 FINANCE (continued) Feb 24 Tuesday Senate Finance 532 9:00 AM -- MEETING CANCELED -- + Bills Previously Heard/Scheduled Feb 25 Wednesday Senate Finance 532 9:00 AM + SB 45 VETERANS' CEMETERIES/FUND/LICENSE PLATES + SB 13 MEDICAL ASSISTANCE ELIGIBILITY + SB 87 MEDICAL ASSISTANCE ELIGIBILITY + Bills Previously Heard/Scheduled Feb 26 Thursday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Feb 27 Friday Senate Finance 532 9:00 AM + SB 24 LOUIS MILLER BRIDGE + SB 25 RICHARD DEWEY DUVALL FERRY TERMINAL + SB 57 CHARTER SCHOOL FUNDING Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Feb 23 Monday Butrovich 205 1:30 PM + SB 98 MEDICAL PATIENT BILLING DISCLOSURES += SB 52 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE + Bills Previously Heard/Scheduled Feb 25 Wednesday Senate Finance 532 8:00 AM Joint w/(H) Health & Social Services Key Campaign Feb 25 Wednesday Butrovich 205 1:30 PM += SB 35 EXTEND SUICIDE PREVENTION COUNCIL + SB 96 CHILD SUPPORT/ CASH MEDICAL SUPPORT + Bills Previously Heard/Scheduled Feb 27 Friday Butrovich 205 1:30 PM + SB 47 STATUTE OF LIMITATION FOR SEXUAL OFFENSES + Bills Previously Heard/Scheduled ---------------------------------------- 2009-02-23 Senate Journal Page 0333 JUDICIARY Feb 23 Monday Beltz 211 1:30 PM + SB 85 ALCOHOL: LOCAL OPTION/LICENSING/MINORS Feb 25 Wednesday Beltz 211 1:30 PM + SB 110 PRESERVATION OF EVIDENCE + Bills Previously Heard/Scheduled Feb 27 Friday Beltz 211 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 24 Tuesday Beltz 211 1:30 PM += SB 1 ALASKA MINIMUM WAGE += SB 84 AIDEA: BONDING LIMITS; CONFIDENTIALITY + Bills Previously Heard/Scheduled Feb 26 Thursday Beltz 211 1:30 PM += SB 23 REPEAL DEFINED CONTRIB RETIREMENT PLANS + HB 104 WORKERS COMP. MEDICAL TREATMENT FEES <Pending Referral> + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 23 Monday Butrovich 205 3:30 PM Overview: + Updated Information on the Susitna Hydro Project Alaska Energy Authority; + Proposed Chakachamna Hydro Project; TDX Power: Nick Goodman, Pres. and Eric Yould, Program Dir. Feb 25 Wednesday Senate Finance 532 3:00 PM Please Note Time & Location Change + Overview: Alaska Mining Industry -- Testimony <Invitation Only> -- Feb 27 Friday Butrovich 205 3:30 PM + Overview: Pebble Mine Permitting and Associated Issues -- Testimony <Invitation Only> -- ---------------------------------------- 2009-02-23 Senate Journal Page 0334 STATE AFFAIRS Feb 24 Tuesday Beltz 211 9:00 AM + SJR 6 OPPOSE H.R. 45 IN CONGRESS + SB 50 IDITAROD REGISTRATION PLATES + SB 19 COMPLAINTS AGAINST PEACE OFFICERS/VPSOS + Bills Previously Heard/Scheduled Feb 26 Thursday Beltz 211 9:00 AM + SB 49 BLOOD DONATION AWARENESS FUND + SB 29 NAMING THOMAS B. STEWART LEG. OFFICE BLDG + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 24 Tuesday Butrovich 205 1:00 PM SB 111 INTRASTATE AIR SERVICE CERTIFICATES = SB 59 LOW- SPEED MOTOR VEHICLES SB 51 MOTOR VEHICLE WINDOW TINTING Feb 26 Thursday Butrovich 205 1:00 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Feb 25 Wednesday Beltz 211 3:30 PM Review of Division of Motor Vehicles, Division of General Services, and Public Broadcasting -- Testimony <Invitation Only> -- Mar 09 Monday Beltz 211 3:30 PM Review of the Divisions of Finance, Personnel & Labor Relations, Retirement & Benefits, and the Violent Crimes Compensation Board -- Testimony <Invitation Only> -- 2009-02-23 Senate Journal Page 0335 FINANCE SUBCOMMITTEES (continued) ADMINISTRATION (continued) Mar 11 Wednesday Beltz 211 3:30 PM Review of the AK Public Offices Commission, the AK Oil & Gas Conservation Commission, Enterprise Technology Services, and the Office of Administrative Hearings -- Testimony <Invitation Only> -- Mar 13 Friday Beltz 211 3:30 PM Unfinished Business and Close-out -- Testimony <Invitation Only> -- ---------------------------------------- CORRECTIONS Mar 13 Friday Beltz 211 11:00 AM Overview Mar 16 Monday Beltz 211 3:00 PM Close-out ---------------------------------------- COURT SYSTEM Feb 26 Thursday Fahrenkamp 203 4:00 PM + Court System Budget Mar 10 Tuesday Fahrenkamp 203 4:00 PM + Court System Budget ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 25 Wednesday Senate Finance 532 5:00 PM + EED Budget Mar 12 Thursday Butrovich 205 4:00 PM + EED Budget ---------------------------------------- 2009-02-23 Senate Journal Page 0336 FINANCE SUBCOMMITTEES (continued) ENVIRONMENTAL CONSERVATION Mar 12 Thursday Fahrenkamp 203 3:30 PM + Overview Mar 16 Monday Beltz 211 5:00 PM Close-out ---------------------------------------- FISH & GAME Feb 23 Monday Senate Finance 532 3:00 PM -- MEETING CANCELED -- Overview Mar 19 Thursday Senate Finance 532 8:00 AM Department Close-out ---------------------------------------- GOVERNOR Feb 23 Monday Senate Finance 532 3:00 PM -- Rescheduled from 02/20/09 -- Overview Mar 20 Friday Senate Finance 532 3:00 PM Close-out ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 03 Tuesday Fahrenkamp 203 8:00 AM + Public Health Initiatives -- Testimony <Invitation Only> -- Mar 05 Thursday Fahrenkamp 203 8:00 AM -- MEETING CANCELED -- + Governor's Amendments, Q & A -- Testimony <Invitation Only> -- Mar 10 Tuesday Butrovich 205 3:00 PM + Governor's Amendments, Q & A -- Testimony <Invitation Only> -- 2009-02-23 Senate Journal Page 0337 FINANCE SUBCOMMITTEES (continued) HEALTH & SOCIAL SERVICES (continued) Mar 19 Thursday Senate Finance 532 3:00 PM + Budget Close-out -- Testimony <Invitation Only> -- ---------------------------------------- LAW Feb 24 Tuesday Senate Finance 532 1:30 PM Budget Overview: Dept of Law Mar 03 Tuesday Senate Finance 532 1:30 PM Budget Detail Mar 10 Tuesday Senate Finance 532 1:30 PM Budget Detail Mar 17 Tuesday Senate Finance 532 1:30 PM Subcommittee Close-out ---------------------------------------- LEGISLATURE Mar 20 Friday Senate Finance 532 3:30 PM Close-out ---------------------------------------- NATURAL RESOURCES Feb 24 Tuesday Fahrenkamp 203 4:00 PM + Continuation of Departmental Overview: Division of Parks and Outdoor Recreation; State Pipeline Coordinator's Office; Division of Coastal and Ocean Management -- Testimony <Invitation Only> -- ---------------------------------------- PUBLIC SAFETY Mar 03 Tuesday Fahrenkamp 203 1:30 PM + Governor's Amendments - Q & A Session -- Testimony <Invitation Only> -- 2009-02-23 Senate Journal Page 0338 FINANCE SUBCOMMITTEES (continued) PUBLIC SAFETY (continued) Mar 17 Tuesday Fahrenkamp 203 1:00 PM + Budget Close-out -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Feb 26 Thursday Fahrenkamp 203 1:30 PM Budget Overview: Dept of Revenue Mar 12 Thursday Fahrenkamp 203 1:30 PM Budget Detail Mar 19 Thursday Fahrenkamp 203 1:30 PM Subcommittee Close-out ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Feb 24 Tuesday Senate Finance 532 8:00 AM Budget Overview: Dept. of Transportation Mar 03 Tuesday Senate Finance 532 8:00 AM Budget Detail Mar 10 Tuesday Senate Finance 532 8:00 AM Budget Detail Mar 17 Tuesday Senate Finance 532 8:00 AM Subcommittee Close-out ---------------------------------------- UNIVERSITY OF ALASKA Mar 18 Wednesday Senate Finance 532 8:00 AM Close-out ---------------------------------------- 2009-02-23 Senate Journal Page 0339 SPECIAL COMMITTEES ENERGY Feb 26 Thursday Senate Finance 532 3:00 PM Joint w/(H) ENERGY Work Session: Comprehensive Energy Plan Presenters: Gwen Holdman, Dir., Alaska Center for Energy and Power; David Hobbs and Jim Meitl, Cambridge Energy Research Associates; Darrell Smith, Black Lion Energae Feb 27 Friday Beltz 211 11:00 AM += SB 31 GEOTHERMAL ELEC. PROD. TAX CREDIT + HCR 2 IN-STATE GAS PIPELINE + HCR 3 IN-STATE GAS PIPELINE + HCR 4 IN-STATE GAS PIPELINE + HCR 5 IN-STATE GAS PIPELINE ---------------------------------------- WORLD TRADE, TECH, INNOVATIONS Feb 26 Thursday Butrovich 205 8:00 AM + Alternative Energy Opportunities and Technologies in Arctic and Sub-Arctic Alaska Presenter: Mead Treadwell, Chair U.S. Arctic Research Commission ---------------------------------------- JOINT COMMITTEES ARMED SERVICES COMMITTEE Mar 02 Monday Senate Finance 532 3:00 PM + Lt. General Dana Atkins, Commander of Alaskan Command, Alaskan North American Aerospace Defense Command Region Lt. General (AK) Craig E. Campbell, Commissioner / Adjutant General, Alaska National Guard and the Dept. of Military & Veterans Affairs Presentation: Outlook on military construction under the new Obama Administration and continued military expansion in Alaska -- Testimony <Invitation Only> -- ---------------------------------------- 2009-02-23 Senate Journal Page 0340 LEGISLATIVE BUDGET & AUDIT Feb 25 Wednesday House Finance 519 5:00 PM -- Rescheduled to 03/02/09 -- + Preliminary Audit - FY08 Statewide Single Audit Other Committee Business -- Testimony <Invitation Only> -- Mar 02 Monday House Finance 519 5:00 PM -- Rescheduled from 02/25/09 -- + Preliminary Audit - FY08 Statewide Single Audit-Executive Session Other Committee Business -- Testimony <Invitation Only> -- ---------------------------------------- LEGISLATIVE COUNCIL Feb 23 Monday Senate Finance 532 5:00 PM Late Per Diem Approvals Ratification of Charitable Event Cutting Edge Development Inc. Contract Amendment Legislative Council FY10 Budget Proposal Travel and Moving Policy Amendment Revisor's Bill Introduction Update on Legislative Commemorative Coin Other Business ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Feb 24 Tuesday Butrovich 205 9:00 AM Full Committee: Open Session Election of Chairs Public Comment Chair/Staff Report Budget Sanctioned Charity Events Exempt Positions 2009 Suggested Legislation Advisory Opinion 08-05 State Facilities Advisory Opinion 09-01 Newsletters Executive Session Advisory Opinion 09-02 Public Session Other Business ---------------------------------------- 2009-02-23 Senate Journal Page 0341 OTHER MEETINGS FISH CAUCUS Feb 26 Thursday Capitol 106 12:00 PM + Alaska Seafood in the Global Food Aid Program: New Markets, Products and Revenues Brown Bag Lunch ---------------------------------------- JOINT SESSION Apr 07 Tuesday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator