Legislature(2009 - 2010)
2009-04-01 Senate Journal
Full Journal pdf2009-04-01 Senate Journal Page 0717 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SIXTH LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday April 1, 2009 Seventy-second Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:06 a.m. The roll showed nineteen members present. The seat from District B was vacant. The prayer was offered by the Chaplain, Kayla Epstein of the Congregation Sukkat Shalom. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Praise is paramount in the Jewish tradition of prayer. There is a prayer to be said upon waking for you have made it through the night. Then again, when you open your eyes and can actually see, and then, that you are able to sit up. And this continues step by step until a person is dressed and ready for the day. A religious Jew also prays at the sight of a beautiful sun rise or set. Yet as the 90 day session sprints by, our concentration is on what has not happened. And long days, irritation and frustration can be a tradition too. Even I, as a reform Jew, find myself offering these words of praise, and hope we will all remember the miracle of our good lives that brings us to this room and building full of men and women of good will. "Zippity doo dah, zippy ay." Thank you Lord for this wonderful day. Plenty of sunshine coming our way. "Zippity doo dah, zippity ay". Blessed is our God from whom all blessings flow. Amen. 2009-04-01 Senate Journal Page 0718 Senator Thomas led the Senate in the Pledge of Allegiance. Certification Senator Ellis moved and asked unanimous consent that the journals for the seventieth and seventy-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Message dated March 30 was read stating: Dear President Stevens: In accordance with Alaska Statute 15.40.320, I have appointed Tim Grussendorf to the vacant seat for Senate District B. Sincerely, /s/ Sarah Palin Governor HB 100 Message was read stating the Governor signed the following bill on March 30 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 100 "An Act relating to the Joseph C. Williams, Sr., Coastal Trail." Chapter 3, SLA 2009 Effective Date: 6/28/09 HB 104 Message was read stating the Governor signed the following bill on March 30 and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2009-04-01 Senate Journal Page 0719 HOUSE BILL NO. 104 "An Act adjusting certain fees for treatment or services under the Alaska Workers' Compensation Act to reflect changes in the Consumer Price Index; and providing for an effective date." Chapter 4, SLA 2009 Effective Date: 3/31/09 Messages from the House Message dated March 30 was read stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 9 HOUSE JOINT RESOLUTION NO. 9 BY REPRESENTATIVES FOSTER, Stoltze, Holmes, Hawker, Harris, Herron, Lynn, Millett, Designating the Alaska Aviation Heritage Museum located at 4721 Aircraft Drive in Anchorage as the official headquarters for the State of Alaska's Centennial of Flight Celebration. was read the first time and referred to the Transportation Committee. HCR 11 HOUSE CONCURRENT RESOLUTION NO. 11 BY REPRESENTATIVES FAIRCLOUGH, Holmes, Dahlstrom, Herron, Lynn, Millett, Kerttula, Johnson, Buch, Gara, Petersen, Gruenberg, Gardner, Tuck, Stoltze, Chenault, Proclaiming the month of April 2009 to be Sexual Assault Awareness Month. was read the first time and referred to the State Affairs Committee. 2009-04-01 Senate Journal Page 0720 Communications The following report is on file in the Office of the Secretary of the Senate: Alaska Seismic Hazards Safety Commission Report to the Governor and State Legislature AEIC Seismicity Report for December 1, 2007 - November 15, 2008 in accordance with AS 44.37.067 The following Budget and Audit Report was received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and is on file in the Office of the Secretary of the Senate: State of Alaska, Single Audit for the Fiscal Year Ended June 30, 2008 Standing Committee Reports Report dated March 31 was read stating: In accordance with AS 39.05.080, the Labor and Commerce Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Alaska State Board of Public Accountancy Carla Bassler - Anchorage John Floyd - Anchorage Kathleen A. Reid - Fairbanks Elaine Williamson - Fairbanks Alcoholic Beverage Control Board Ethan Billings - Juneau Belen Cook - Cordova Ellen Ganley - Fairbanks 2009-04-01 Senate Journal Page 0721 State Board of Registration for Architects, Engineers, and Land Surveyors Boyd Brownfield - Anchorage Eric Eriksen - Juneau Craig Fredeen - Anchorage Richard Heieren - Fairbanks Harley Hightower - Anchorage Richard Rearick - Eagle River Don Shiesl - Wasilla State Assessment Review Board Ronald Brown - Anchorage Board of Barbers and Hairdressers Carol Hernley - Cordova Debra Long - Fairbanks Board of Chiropractic Examiners Dr. Dan Holt - Juneau Dr. Rosemary Zimmerman - Girdwood Alaska Labor Relations Agency Tyler E. Andrews - Anchorage Will Askren - Anchorage Gary P. Bader - Anchorage Aaron T. Isaacs, Jr. - Klawock Matthew R. McSorley - Anchorage Board of Marine Pilots Dale O. Collins - Ketchikan Michael Heimbuch - Homer Occupational Safety and Health Review Board Thomas A. Trosvig - Kodiak State Physical Therapy and Occupational Therapy Board Jay McDiarmid - Fairbanks Dr. Marc Slonimski - Fairbanks 2009-04-01 Senate Journal Page 0722 Board of Certified Real Estate Appraisers Richard "Butch" D. Olmstead - Ketchikan Gene H. Shafer - Fairbanks Real Estate Commission Nancy Davis - Sitka Barbara A. Dickson - Anchorage Gene DuVal - Fairbanks Regulatory Commission of Alaska (RCA) Paul Lisankie - Anchorage Board of Veterinary Examiners Margaret J. Eastman - North Pole Workers' Compensation Appeals Commission Philip E. Ulmer - Eagle River Alaska Workers' Compensation Board Richard H. Behrends - Juneau Mark A. Crutchfield - Anchorage Howard A. Hansen - Wasilla Linda F. Hutchings - Soldotna Sarah LeFebvre - Fairbanks Kiana Peacock - Anchorage Daniel Repasky - Anchorage Marc D. Stemp - Anchorage Patricia A. Vollendorf - Anchorage Robert C. Weel - Anchorage 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 Paskvan, Chair; Senators Meyer, Thomas, Bunde, Davis. SB 47 The Judiciary Committee considered SENATE BILL NO. 47 "An Act relating to the statute of limitations for certain sexual offenses and permitting causes of action for certain sexual offenses that would 2009-04-01 Senate Journal Page 0723 otherwise be barred by the statute of limitations to be brought during a certain one-year period." Signing do pass: Senator French, Chair; Senator McGuire. Signing no recommendation: Senators Therriault, Wielechowski. The following fiscal information was published today: Fiscal Note No. 3, zero, Alaska Court System The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Corrections Fiscal Note No. 2, zero, Department of Law The bill was referred to the Rules Committee. SB 57 The Finance Committee considered SENATE BILL NO. 57 "An Act relating to charter school funding" and recommended it be replaced with CS FOR SENATE BILL NO. 57(FIN) "An Act relating to charter and alternative school funding." Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators Huggins, Thomas, Olson, Ellis. The following fiscal information was published today: Fiscal Note No. 2, Department of Education and Early Development The bill was referred to the Rules Committee. SB 68 The State Affairs Committee considered SENATE BILL NO. 68 "An Act relating to the voting rights of felons." Signing do pass: Senator Menard, Chair; Senators Meyer, Paskvan. Signing no recommendation: Senator French. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Corrections Fiscal Note No. 2, zero, Office of the Governor The bill was referred to the Judiciary Committee. 2009-04-01 Senate Journal Page 0724 SB 70 The Health and Social Services Committee considered SENATE BILL NO. 70 "An Act relating to naturopaths and to the practice of naturopathy; establishing an Alaska Naturopathic Medical Board; authorizing medical assistance program coverage of naturopathic services; and providing for an effective date." Signing do pass: Senator Davis, Chair; Senators Ellis, Thomas. Signing no recommendation: Senator Paskvan. The following fiscal information was published today: Fiscal Note No. 1, Department of Health and Social Services Fiscal Note No. 2, Department of Commerce, Community and Economic Development The bill was referred to the Labor and Commerce Committee. SB 158 The State Affairs Committee considered SENATE BILL NO. 158 "An Act relating to the return of property used as evidence to the owner" and recommended it be replaced with CS FOR SENATE BILL NO. 158(STA) Signing do pass: Senator Menard, Chair; Senator Meyer. Signing amend: Senators French, Paskvan. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law The bill was referred to the Judiciary Committee. SB 165 The Community and Regional Affairs Committee considered SENATE BILL NO. 165 "An Act authorizing the transfer of two parcels of land from the Alaska Railroad Corporation to the Municipality of Anchorage; and providing for an effective date." Signing no recommendation: Senator Olson, Chair. Signing do pass: Senators French, Thomas, Kookesh, Menard. 2009-04-01 Senate Journal Page 0725 The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SB 170 The Labor and Commerce Committee considered SENATE BILL NO. 170 "An Act modifying the Alaska unemployment insurance statutes to comply with the requirements of the federal economic stimulus bill by redefining the base period for determining eligibility for unemployment benefits; and providing for an effective date." Signing do pass: Senator Paskvan, Chair; Senators Thomas, Meyer, Davis. Signing no recommendation: Senator Bunde. The following fiscal information was published today: 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 SJR 18 SENATE JOINT RESOLUTION NO. 18 BY SENATOR HUGGINS, Urging the United States Congress to pass the Honor the Written Intent of our Soldier Heroes Act. was read the first time and referred to the State Affairs Committee. Introduction and Reference of Senate Bills SB 174 SENATE BILL NO. 174 BY SENATOR MENARD, entitled: "An Act relating to professional student exchange program availability and conditions for loan forgiveness." 2009-04-01 Senate Journal Page 0726 was read the first time and referred to the Education and Finance Committees. SB 175 SENATE BILL NO. 175 BY SENATOR PASKVAN, entitled: "An Act establishing the Alaska Internet Access Authority and the Alaska Broadband Task Force; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 176 SENATE BILL NO. 176 BY SENATOR HUGGINS, entitled: "An Act relating to an interstate compact on educational opportunity for military children; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 177 SENATE BILL NO. 177 BY SENATOR MEYER, entitled: "An Act repealing the termination of licensing and regulation of sport fishing operators and sport fishing guides and licensing and registration of sport fishing vessels; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 178 SENATE BILL NO. 178 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: 2009-04-01 Senate Journal Page 0727 "An Act relating to contributions, interest, penalties, and payments under the Alaska Employment Security Act; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Judiciary Committees. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Labor and Workforce Development Governor's transmittal letter dated March 31: Dear President Stevens: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill relating to contributions, interest, penalties, and payments under the Alaska Employment Security Act. Under current law, most employers are required to pay employment security contributions quarterly based on their payroll and experience rate. However, under AS 23.20.277 and AS 23.20.278, nonprofit organizations and governmental entities can elect to be classified as "reimbursable employers." A "reimbursable employer" only pays employment security contributions when an employee of the reimbursable employer receives unemployment compensation benefits. The "reimbursable employer" reimburses the unemployment compensation fund for the amount that the fund paid in unemployment benefits to the employee. This bill would amend AS 23.20.277 and AS 23.20.278 to extend to federally recognized tribes and their subdivisions, subsidiaries, and businesses the option to choose to become a reimbursable employer. The bill does not change the jurisdictional relationship between the state and federally recognized tribes. This bill is being proposed to bring the state into compliance with federal unemployment compensation law and its treatment of federally recognized tribes. The Federal Unemployment Tax Act (26 U.S.C. 3306, FUTA) now directs certified state unemployment insurance 2009-04-01 Senate Journal Page 0728 programs to offer federally recognized tribes the option to become a reimbursable employer. Of the 33 states that have federally recognized tribes, Alaska is the only state that has not yet passed conforming legislation. As the state unemployment insurance program is federally certified, the state receives federal money to support the administration of the program. Because the state has a certified program, employers in the state are eligible for a tax credit of up to 90 percent of the federal unemployment tax that employers are required to pay. To maintain its certification, the state must amend the Alaska Employment Security Act to be consistent with FUTA's requirements for federally recognized tribes. Failure to bring the Alaska Employment Security Act into compliance with federal legislation may result in the loss of approximately $20,000,000 in administrative funding under FUTA. Noncompliance could also result in the loss of approximately $111,000,000 in FUTA tax credits to employers in this state. This bill has an immediate effective date. I urge your support of this important legislation. Sincerely, /s/ Sarah Palin Governor Consideration of the Calendar Second Reading of Senate Bills SB 24 SENATE BILL NO. 24 "An Act naming the bridge over Hammer Slough on Nordic Drive in Petersburg the Louis Miller Bridge" was read the second time. Senator Ellis moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 2009-04-01 Senate Journal Page 0729 SENATE BILL NO. 24 was read the third time. The question being: "Shall SENATE BILL NO. 24 "An Act naming the bridge over Hammer Slough on Nordic Drive in Petersburg the Louis Miller Bridge" pass the Senate?" The roll was taken with the following result: SB 24 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski and so, SENATE BILL NO. 24 passed the Senate and was referred to the Secretary for engrossment. SB 142 SENATE BILL NO. 142 "An Act authorizing the conveyance of certain land of the Alaska Railroad Corporation to the Department of Transportation and Public Facilities; and providing for an effective date" was read the second time. Senator Ellis moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 142 was read the third time. The question being: "Shall SENATE BILL NO. 142 "An Act authorizing the conveyance of certain land of the Alaska Railroad Corporation to the Department of Transportation and Public Facilities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2009-04-01 Senate Journal Page 0730 SB 142 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Therriault, Thomas, Wagoner, Wielechowski and so, SENATE BILL NO. 142 passed the Senate. Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Third Reading of House Bills HB 81 SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making supplemental appropriations; making reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date" was read the third time. Senator Bunde moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Bunde offered Amendment No. 1 : Page 44, line 21: Delete "34,930,800" Insert "34,097,200" Delete "34,073,500" Insert "33,239,900" 2009-04-01 Senate Journal Page 0731 Page 44, line 22: Delete "6,051,500" Insert "5,217,900" Adjust funding sources and totals accordingly. Senator Bunde moved for the adoption of Amendment No. 1. Senator Ellis objected. Senator Ellis moved that Amendment No. 1 be tabled. Senator Bunde objected. The question being: "Shall Amendment No. 1 be tabled?" The roll was taken with the following result: SCS CSHB 81(FIN) Table the Amendment? Amendment No. 1 YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Therriault, Wagoner and so, Amendment No. 1 was tabled. SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) was automatically in third reading. Amendment No. 2 was not offered. Senator Dyson moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senators Dyson, Therriault offered Amendment No. 3 : 2009-04-01 Senate Journal Page 0732 Page 11, following line 10: Insert "A school district may not receive state education aid for K- 12 support appropriated under Section 1 of this Act and distributed by the Department of Education and Early Development under AS 14.17 if the school district (1) has a policy refusing to allow recruiters for any branch of the United States military, Reserve Officers' Training Corps, Central Intelligence Agency, or Federal Bureau of Investigation to contact students on a school campus if the school district allows college, vocational school, or other job recruiters on a campus to contact students; (2) refuses to allow the Boy Scouts of America to use school facilities for meetings or contact with students if the school makes the facility available to other non-school groups in the community; or (3) has a policy of refusing to have an in-school Reserve Officers' Training program or a Junior Reserve Officers' Training Corps program." Senator Dyson moved for the adoption of Amendment No. 3. Senators Ellis, Hoffman objected, then withdrew their objection. There being no further objection, Amendment No. 3 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) am S was automatically in third reading. Senator Dyson moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senator Dyson offered Amendment No. 4 : Page 18, following line 14: Insert "It is the intent of the legislature that the Department of Health and Social Services continue and enhance its efforts to reduce fraud by both providers and beneficiaries of the Medicaid program." Senator Dyson moved for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) am S was automatically in third reading. 2009-04-01 Senate Journal Page 0733 Senator Hoffman moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Senator Hoffman offered Amendment No. 5 : Page 71, line 20: Delete "$450,000" Insert "$450,000,000" Senator Hoffman moved for the adoption of Amendment No. 5. Senator Therriault objected, then withdrew his objection. There being no further objection, Amendment No. 5 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) am S was automatically in third reading. Senator Therriault moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Without objection, the bill was returned to second reading. Senator Therriault offered Amendment No. 6 : Page 4, lines 8 - 10: Delete all material. Senator Therriault moved for the adoption of Amendment No. 6. Senator Hoffman objected, then withdrew his objection. There being no further objection, Amendment No. 6 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) am S was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making supplemental appropriations; making reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2009-04-01 Senate Journal Page 0734 SCS CSHB 81(FIN) am S Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Therriault, Wagoner and so, SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) am S passed the Senate. Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Ellis moved for the adoption of the constitutional budget reserve fund section. Senator Therriault objected. The question being: "Shall the constitutional budget reserve fund section (Article IX, Section 17(c) Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: SCS CSHB 81(FIN) am S Adopt Budget Reserve Fund Clause? YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Therriault, Wagoner and so, the constitutional budget reserve fund section was adopted, and the bill was referred to the Secretary for engrossment. HB 83 SENATE CS FOR CS FOR HOUSE BILL NO. 83(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" was read the third time. 2009-04-01 Senate Journal Page 0735 Senator Dyson moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Dyson offered Amendment No. 1 : Page 4, following line 14: Insert "It is the intent of the legislature that the Department of Health and Social Services continue and enhance its efforts to reduce fraud by both providers and beneficiaries of the Medicaid program." Senator Dyson moved for the adoption of Amendment No. 1. Senator Ellis objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 83(FIN) Second Reading Amendment No. 1 YEAS: 4 NAYS: 15 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Bunde, Dyson, Therriault, Wagoner Nays: Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski and so, Amendment No. 1 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 83(FIN) was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 83(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2009-04-01 Senate Journal Page 0736 SCS CSHB 83(FIN) Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Therriault, Wagoner and so, SENATE CS FOR CS FOR HOUSE BILL NO. 83(FIN) passed the Senate. Senator Ellis moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - Herman Thompson Senator(s) Huggins, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski Representative(s) Neuman Honoring - Alaska Head Start and Early Head Start Programs Senator(s) Ellis, Stevens, Bunde, Davis, Dyson Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski Honoring - Shawn Stockwell Senator(s) Dyson, Stevens, Bunde, Davis, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski Representative(s) Stoltze Honoring - Corey Cogdell 2008 Olympic Bronze Medalist Senator(s) Dyson, Stevens, Bunde, Davis, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski 2009-04-01 Senate Journal Page 0737 Honoring - Gail Dial, Community Leader Senator(s) Dyson, Stevens, Bunde, Davis, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski Representative(s) Stoltze Honoring - Melody Radcliffe, BP Teacher of Excellence Senator(s) Dyson, Stevens, Bunde, Davis, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski Honoring - Patrick Owen Representative(s) Munoz, Kerttula Senator(s) Stevens, Bunde, Davis, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Robert Earl Smith Sr. Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Mary Samuels Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Viola Kirtley Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Amanda Johnson Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Gilbert Freeman Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski 2009-04-01 Senate Journal Page 0738 In Memoriam - Arma J. Greene Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Bennie Evelyn Dean Bell Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Robert London Smith III Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Catherine J. Cody Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Irene "Grammie" Barber Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski In Memoriam - Marjorie Reeve Andresen Senator(s) Davis, Stevens, Bunde, Dyson, Ellis, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, 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. Senator Ellis moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. 2009-04-01 Senate Journal Page 0739 Special Order of Business Honoring - Master William D. Hitchcock Representative(s) Gara Senator(s) Davis, Ellis, French, Stevens, Bunde, Dyson, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, Wielechowski Honoring - University of Alaska Anchorage Women's Basketball Team Representative(s) Tuck Senator(s) Ellis, McGuire, Meyer, Stevens, Bunde, Davis, Dyson, French, Hoffman, Huggins, Kookesh, Menard, Olson, Paskvan, Stedman, Therriault, Thomas, Wagoner, 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. Unfinished Business Senator Kookesh moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, April 3 through evening plane time, April 5. Without objection, Senator Kookesh was excused. Senator Therriault moved and asked unanimous consent to be excused from a call of the Senate on April 6, to morning plane time. Without objection, Senator Therriault was excused. SB 157 Senator Kookesh moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 157 "An Act directing the Alaska Permanent Fund Corporation to transfer $22,700,000 from the principal of the mental health trust fund to the Alaska Mental Health Trust Authority; relating to the development of revenue-producing facilities on mental health trust land and to the Alaska Mental Health Trust Authority Subport Office Building; authorizing the issuance of certificates of participation for construction of the building; approving leases of all or part of the building by the Department of Administration; and providing for an effective date." Without objection, it was so ordered. 2009-04-01 Senate Journal Page 0740 SB 173 Senator Kookesh moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 173 "An Act relating to marine products and motorized recreational products; and providing for an effective date." Without objection, it was so ordered. HCR 11 Senator Menard, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on HOUSE CONCURRENT RESOLUTION NO. 11 Proclaiming the month of April 2009 to be Sexual Assault Awareness Month. Without objection, the resolution was referred to the Rules Committee. HCR 13 Senator Ellis moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 13 Certifying that the State of Alaska requests and will use any funds provided to the state, a state agency, a municipality, or a political subdivision of the state under the American Recovery and Reinvestment Act of 2009, be taken up. Without objection, it was so ordered. HOUSE CONCURRENT RESOLUTION NO. 13, which had been held on the Secretary's desk (page 691) was read the second time and was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 13 Certifying that the State of Alaska requests and will use any funds provided to the state, a state agency, a municipality, or a political subdivision of the state under the American Recovery and Reinvestment Act of 2009, pass the Senate?" The roll was taken with the following result: HCR 13 Second Reading - Final Passage YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 0 VACANT: 1 Yeas: Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas, Wielechowski Nays: Bunde, Dyson, Therriault, Wagoner 2009-04-01 Senate Journal Page 0741 and so, HOUSE CONCURRENT RESOLUTION NO. 13 passed the Senate, was signed by the President and Secretary and returned to the House. Announcements Announcements are at the end of the journal. Engrossment SB 24 SENATE BILL NO. 24 "An Act naming the bridge over Hammer Slough on Nordic Drive in Petersburg the Louis Miller Bridge" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 142 SENATE BILL NO. 142 "An Act authorizing the conveyance of certain land of the Alaska Railroad Corporation to the Department of Transportation and Public Facilities; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 81 SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making supplemental appropriations; making reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date" was engrossed and signed by the President and Secretary. HB 83 SENATE CS FOR CS FOR HOUSE BILL NO. 83(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2009-04-01 Senate Journal Page 0742 Adjournment Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 3, 2009. Without objection, the Senate adjourned at 1:08 p.m. Kirsten Waid Secretary of the Senate 2009-04-01 Senate Journal Page 0743 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 Apr 02 Thursday Beltz 211 3:30 PM Alaska Statehood Celebration Commission Presentation += SB 137 REPORT ON MEETINGS OF BOARD OF FISHERIES + Bills Previously Heard/Scheduled ---------------------------------------- EDUCATION Apr 01 Wednesday Beltz 211 8:00 AM Bills Previously Heard/Scheduled Including: += SB 109 REPEAL SECONDARY SCHOOL EXIT EXAM Apr 01 Wednesday Senate Finance 532 12:00 PM -- Please Note Time & Location Change -- Joint w/(H) Education Brown Bag Luncheon "Rebooting Education: Digital Learning in Alaska's Classrooms" Presentations by: Carl Rose, Executive Director, Assoc. of Alaska School Boards Sarah Marino, teacher and two students, Yaakoosge Daakahidi Alternative High School Dr. David Silvernail, Director of Research at University of Southern Maine 2009-04-01 Senate Journal Page 0744 EDUCATION (continued) Apr 03 Friday Beltz 211 8:00 AM Bills Previously Heard/Scheduled Including: += SB 105 FOSTER CARE/CINA/EDUCATION OF HOMELESS Apr 06 Monday Beltz 211 8:00 AM Bills Previously Heard/Scheduled, Including += SB 105 FOSTER CARE/CINA/EDUCATION OF HOMELESS Apr 08 Wednesday Beltz 211 8:00 AM + SB 174 PROF STUDENT EXCHANGE LOAN FORGIVENESS Apr 10 Friday Beltz 211 8:00 AM Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Apr 01 Wednesday Senate Finance 532 9:00 AM += SB 57 CHARTER SCHOOL FUNDING + HB 109 EDUC. LOANS: SUPPLEMENTAL & FAMILY + HB 172 STATE INVESTMENT IN EDUCATION FUND + Bills Previously Heard/Scheduled Apr 02 Thursday Senate Finance 532 9:00 AM += SB 161 APPROPS: NON-TRANSPORTATION STIMULUS + Bills Previously Heard/Scheduled Apr 03 Friday Senate Finance 532 9:00 AM += SB 161 APPROPS: NON-TRANSPORTATION STIMULUS + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH & SOCIAL SERVICES Apr 01 Wednesday Butrovich 205 1:30 PM -- MEETING CANCELED -- + SB 66 MENTAL HEALTH PATIENT GRIEVANCES + Bills Previously Heard/Scheduled 2009-04-01 Senate Journal Page 0745 HEALTH & SOCIAL SERVICES (continued) Apr 03 Friday Butrovich 205 1:30 PM + SB 38 PHARMACY BENEFITS MANAGERS; MANAGED CARE + SB 156 COMPACT FOR JUVENILES; INTERSTATE COUNCIL + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 01 Wednesday Beltz 211 1:30 PM -- MEETING CANCELED -- += SB 85 ALCOHOL: LOCAL OPTION/LICENSING/MINORS += SB 110 PRESERVATION OF EVIDENCE + Bills Previously Heard/Scheduled Apr 03 Friday Beltz 211 1:30 PM + SB 54 PRICE GOUGING INVOLVING ENERGY RESOURCES + HB 49 EMINENT DOMAIN: RECREATIONAL STRUCTURES + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 02 Thursday Butrovich 205 1:00 PM -- Time & Location Change -- + Presentation: Overview of Nenana Basin Gas Exploration Project by Doyon Ltd. and Rampart Energy + SB 159 WORKERS' COMPENSATION FUNERAL EXPENSES + SB 163 MAXIMUM BENEFIT FROM FISHERMEN'S FUND + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Apr 01 Wednesday Butrovich 205 3:30 PM + SB 150 EMERGING ENERGY TECHNOLOGY FUND + Confirmation Hearings: Big Game Commercial Services Board Alaska Oil & Gas Conservation Commission Commercial Fisheries Entry Commission + Bills Previously Heard/Scheduled 2009-04-01 Senate Journal Page 0746 RESOURCES (continued) Apr 03 Friday Butrovich 205 3:30 PM + HJR 18 OPPOSING ANWR WILDERNESS DESIGNATION + HJR 7 ENDORSING ANWR LEASING + SCR 3 OPPOSE FED. CONTROL OF STATE LAND & WATER + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Apr 02 Thursday Beltz 211 9:00 AM + SB 157 CERTIFICATES OF PARTICIPATION FOR SUBPORT Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 02 Thursday Butrovich 205 1:00 PM No Meeting Scheduled ---------------------------------------- SPECIAL COMMITTEES ENERGY Apr 02 Thursday Butrovich 205 11:00 AM += SB 135 ALASKA NATURAL GAS DEVELOPMENT AUTHORITY + SB 162 HEATING FUEL ENERGY RELIEF + Bills Previously Heard/Scheduled Apr 03 Friday Butrovich 205 11:00 AM + Bills Previously Heard/Scheduled Apr 04 Saturday House Finance 519 10:00 AM -- Senate <Meeting Canceled> -- Joint w/(H) Energy + Roundtable on Energy Governance in Alaska ---------------------------------------- WORLD TRADE, TECH, INNOVATIONS Apr 02 Thursday Butrovich 205 4:00 PM + SB 37 DIVEST INVESTMENTS IN SUDAN ---------------------------------------- 2009-04-01 Senate Journal Page 0747 JOINT COMMITTEES LEGISLATIVE COUNCIL Apr 02 Thursday Senate Finance 532 5:00 PM Executive Session: North Pole Office Space RFP #480 Open Session: Goldstein Lease Renewal Approval Information Technology Subcommittee Appointments Video Streaming Energy Policy Discussion Other Business ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Apr 03 Friday Capitol 106 1:00 PM Galena School Energy Conference: Rural Student and Community Leaders on the Connection between Health and Energy May 13 Wednesday Anch Lio Conf Rm 12:30 PM Week of the Uninsured ---------------------------------------- JOINT SESSION Apr 07 Tuesday House Chamber 11:00 AM Annual Address by the Honorable Mark Begich, U.S. Senator