Legislature(2009 - 2010)

2009-04-07 Senate Journal

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2009-04-07                     Senate Journal                      Page 0805
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-SIXTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                     Tuesday                      April 7, 2009                                                 
                                                                                                                                
                              Seventy-eighth Day                                                                             
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 10:37 a.m.                                                                                                           
                                                                                                                                
The roll showed nineteen members present. The seat from District B                                                              
was vacant.                                                                                                                     
                                                                                                                                
The prayer was offered by the Chaplain, Pastor Tari Stage-Harvey of                                                             
Shepherd of the Valley Lutheran Church. Senator Hoffman moved and                                                               
asked unanimous consent that the prayer be spread. Without objection,                                                           
it was so ordered.                                                                                                              
                                                                                                                                
            Spirit of blessing, give us grateful hearts so we may                                                              
          learn to give thanks always.                                                                                          
                                                                                                                                
          We thank you for the gift of this day:                                                                                
          For the breath that sustains us,                                                                                      
          For the rain that refreshes us                                                                                        
          For the love of family and friends that gives us joy.                                                                 
                                                                                                                                
          We thank you for the mystery of this creation:                                                                        
          For the beauty that we see,                                                                                           
          And for the vastness that we sometimes fear.                                                                          
                                                                                                                                
          We thank you for setting us in communities:                                                                           
                 For those who are easy to love and bring us                                                                   
          companionship,                                                                                                        
             For those who drive us crazy that they may teach us                                                               
          to love,                                                                                                              
          For those who've gone before to pave the way,                                                                         
            For those of generations to come to remind us to live                                                              
          gently.                                                                                                               

2009-04-07                     Senate Journal                      Page 0806
          Give these leaders grateful hearts for the                                                                            
          responsibilities and worries placed upon them. Guide                                                                  
          us as citizens so we may be grateful for their                                                                        
          leadership and encourage them in all decisions and                                                                    
          tasks.                                                                                                                
                                                                                                                                
          In you I  pray.                                                  Amen.                                                
                                                                                                                                
Senator Bunde led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the journal for                                                            
the seventy-seventh legislative day be approved as certified by the                                                             
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
The following letter dated April 6 was received in the Office of the                                                            
Secretary of Senate on April 7:                                                                                                 
                                                                                                                                
Dear Senator Stevens:                                                                                                           
                                                                                                                                
I was notified by written communication today that my nomination of                                                             
Mr. Tim Grussendorf for Senate seat B was not confirmed by the                                                                  
Senate Democrats. I am disappointed that Mr. Grussendorf's                                                                      
nomination was not addressed in an open and public manner. I have                                                               
been advised by the Department of Law that addressing this                                                                      
nomination in an open and public manner is legally required as noted                                                            
in the 1963 and 1987 legal opinions of the department. I have grave                                                             
concerns that the Senate Democrats have chosen to ignore the                                                                    
obligation for open meetings. However, the problem is for the Senate                                                            
to resolve.                                                                                                                     
                                                                                                                                
I do not wish this seat to remain vacant and the citizens of Senate                                                             
District B to be without representation in the Alaska Senate.                                                                   
Therefore, I encourage you to move ahead to fill this seat without                                                              
delay.                                                                                                                          
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0807
Many names were put forward to fill this seat. The Juneau Democrat                                                              
Party submitted only one name on March 5, 2009, although many                                                                   
candidates applied for the vacant seat as a result of my March 9, 2009                                                          
request for citizens of the district to apply. I was pleased to see so                                                          
many people from Senate District B express interest. Alaska statute                                                             
AS 15.40.320 provides that I select the candidate. It is my duty to                                                             
choose a candidate to represent the people of District B and although I                                                         
appreciate the input, I am not limited by law to the recommendations                                                            
of one interest group.                                                                                                          
                                                                                                                                
In accordance with AS 15.40.320, I appoint Joe Nelson to the vacant                                                             
seat for District B.                                                                                                            
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor                                                                                                                        
                                                                                                                                
The following enclosure dated April 6 was received with the                                                                     
Governor's letter:                                                                                                              
                                                                                                                                
Dear Governor Palin,                                                                                                            
                                                                                                                                
On April 1, 2009 the Senate Democrats did not confirm your                                                                      
appointment to Senate Seat B. We are writing to respectfully urge you                                                           
to follow the required procedure of AS 15.40.350 and appoint another                                                            
qualified person for our consideration by April 10, 2009.                                                                       
                                                                                                                                
Moreover, we request you follow the longstanding Alaskan tradition                                                              
of choosing a name from the list submitted to you by the same                                                                   
political party as that which nominated the predecessor in office,                                                              
which in this particular case is the Juneau Democrats.                                                                          
                                                                                                                                
In closing, we hope this assists you by making our position clear.                                                              
                                                                                                                                
Sincerely yours,                                                                                                                
/s/                                                                                                                             
Senator Bettye Davis            Senator Johnny Ellis                                                                            
Senator Hollis French            Senator Albert Kookesh                                                                         
Senator Joe Paskvan              Senator Joe Thomas                                                                             
Senator Bill Wielechowski                                                                                                       
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0808
                           Messages from the House                                                                           
                                                                                                                                
Message dated April 6 was read stating the House passed and                                                                     
transmitted for consideration:                                                                                                  
                                                                                                                                
               First Reading and Reference of House Resolutions                                                              
                                                                                                                                
HJR 27                                                                                                                        
CS FOR HOUSE JOINT RESOLUTION NO. 27(RES) BY THE                                                                                
HOUSE RESOURCES COMMITTEE,                                                                                                      
                                                                                                                                
          Relating to sovereign powers of the state.                                                                            
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
                                                                                                                                
                               Recede Messages                                                                               
                                                                                                                                
HB 81                                                                                                                         
Message dated April 6 was read stating the House failed to concur in                                                            
the Senate amendments to CS FOR HOUSE BILL NO. 81(FIN)                                                                          
am(brf sup maj fld) "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; and providing for an effective date" and respectfully                                                         
requests the Senate to recede from its amendments, namely:                                                                      
                                                                                                                                
          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."                                                                                 
          (technical title change)                                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0809
In the event the Senate fails to recede, the Speaker has appointed the                                                          
following members to a Conference Committee to meet with a like                                                                 
committee from the Senate to consider the bills:                                                                                
                                                                                                                                
     Representative Hawker, Chair                                                                                               
     Representative Stoltze                                                                                                     
     Representative Crawford                                                                                                    
                                                                                                                                
President Stevens stated the message would be held on the Secretary's                                                           
desk.                                                                                                                           
                                                                                                                                
HB 83                                                                                                                         
Message dated April 6 was read stating the House failed to concur in                                                            
the Senate amendment to CS FOR HOUSE BILL NO. 83(FIN) and                                                                       
respectfully requests the Senate to recede from its amendment,                                                                  
namely:                                                                                                                         
                                                                                                                                
          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."                                                                                     
                                                                                                                                
In the event the Senate fails to recede, the Speaker has appointed the                                                          
following members to a Conference Committee to meet with a like                                                                 
committee from the Senate to consider the bills:                                                                                
                                                                                                                                
     Representative Hawker, Chair                                                                                               
     Representative Stoltze                                                                                                     
     Representative Crawford                                                                                                    
                                                                                                                                
President Stevens stated the message would be held on the Secretary's                                                           
desk.                                                                                                                           
                                                                                                                                
                                                                                                                                
                                Communications                                                                               
                                                                                                                                
Report from the Commissioner of the Department of Administration                                                                
dated March 31 was received correcting the collective bargaining                                                                
agreement dated February 17 reached between the State and the                                                                   
International Organization of Masters, Mates and Pilots (MM&P) in                                                               
accordance with AS 23.40.215.                                                                                                   
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0810
President Stevens referred the report to the Finance Committee.                                                                 
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 1                                                                                                                          
The Finance Committee considered SENATE BILL NO. 1 "An Act                                                                      
increasing the minimum hourly wage, and creating an annual                                                                      
adjustment to the minimum hourly wage based on the rate of inflation;                                                           
and providing for an effective date" and recommended it be replaced                                                             
with                                                                                                                            
                                                                                                                                
                    CS FOR SENATE BILL NO. 1(FIN) "An Act                                                                      
              increasing the minimum hourly wage; and providing                                                                
          for an effective date."                                                                                               
                                                                                                                                
Signing do pass: Senator Hoffman, Cochair; Senators Thomas, Ellis.                                                              
Signing no recommendation: Senator Stedman, Cochair; Senators                                                                   
Huggins, Olson.                                                                                                                 
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                                                     
  Development                                                                                                                   
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SB 2                                                                                                                          
The State Affairs Committee considered SENATE BILL NO. 2 "An                                                                    
Act relating to the establishment and maintenance of an Internet                                                                
website providing public finance information, and identifying the                                                               
information to be available on the Internet website." Signing do pass:                                                          
Senator Menard, Chair; Senators Kookesh, Paskvan, French, Meyer.                                                                
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, zero, Department of Administration                                                                      
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0811
SB 27                                                                                                                         
The Health and Social Services Committee considered SENATE BILL                                                                 
NO. 27 "An Act relating to tuition waivers for a child who was in                                                               
foster care; relating to eligibility for foster care and subsidy payments                                                       
for a hard-to-place child; and amending the definition of 'child' in                                                            
certain statutes" and recommended it be replaced with                                                                           
                                                                                                                                
          CS FOR SENATE BILL NO. 27(HSS) "An Act                                                                                
          relating to tuition waivers for a child who was in out-                                                               
          of-home care; relating to out-of-home care for a                                                                      
          child; amending the definition of 'child' in certain                                                                  
          statutes; and relating to out-of-home care transition to                                                              
          independent living."                                                                                                  
                                                                                                                                
Signing do pass: Senator Davis, Chair; Senators Ellis, Thomas,                                                                  
Paskvan. Signing no recommendation: Senator Dyson.                                                                              
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, Department of Health and Social Services                                                                
     Fiscal Note No. 2, Department of Health and Social Services                                                                
     Fiscal Note No. 3, Department of Health and Social Services                                                                
                                                                                                                                
The bill was referred to the Labor and Commerce Committee.                                                                      
                                                                                                                                
SB 85                                                                                                                         
The Judiciary Committee considered SENATE BILL NO. 85 "An Act                                                                   
relating to limitations on possessing, sending, shipping, transporting,                                                         
or bringing alcoholic beverages to a local option area and to penalties                                                         
for violations of those limitations; relating to probation for minor                                                            
consuming or in possession or control of alcoholic beverages; relating                                                          
to civil fines for liquor licensees whose agents or employees furnish                                                           
alcoholic beverages to a person under 21 years of age; and providing                                                            
for an effective date" and recommended it be replaced with                                                                      
                                                                                                                                
          CS FOR SENATE BILL NO. 85(JUD) "An Act                                                                                
          relating to penalties for violations of limitations on                                                                
          possessing, sending, shipping, transporting, or                                                                       
          bringing alcoholic beverages to, soliciting or                                                                        
          receiving orders for delivery of alcoholic beverages                                                                  
          to, and the manufacture, sale, offer for sale, barter,                                                                

2009-04-07                     Senate Journal                      Page 0812
          traffic, or possession of alcoholic beverages in, a                                                                   
          local option area; relating to minor consuming or in                                                                  
          possession or control of alcoholic beverages; relating                                                                
          to civil penalties for liquor licensees whose agents or                                                               
          employees furnish alcoholic beverages to a person                                                                     
          under 21 years of age; and providing for an effective                                                                 
          date."                                                                                                                
                                                                                                                                
Signing no recommendation: Senator French, Chair; Senators                                                                      
Therriault, Wielechowski, McGuire.                                                                                              
                                                                                                                                
The following previously published fiscal information applies:                                                                  
        Fiscal Note No. 1, indeterminate, Department of Administration                                                         
        Fiscal Note No. 2, indeterminate, Department of Administration                                                         
     Fiscal Note No. 3, indeterminate, Department of Corrections                                                                
     Fiscal Note No. 5, indeterminate, Department of Law                                                                        
     Fiscal Note No. 6, zero, Department of Health and Social Services                                                          
     Fiscal Note No. 7, zero, Department of Public Safety                                                                       
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
SB 110                                                                                                                        
The Judiciary Committee considered SENATE BILL NO. 110 "An                                                                      
Act relating to the preservation of evidence" and recommended it be                                                             
replaced with                                                                                                                   
                                                                                                                                
          CS FOR SENATE BILL NO. 110(JUD) "An Act                                                                               
          relating to the preservation of evidence and to the                                                                   
          DNA identification system."                                                                                           
                                                                                                                                
Signing do pass: Senator French, Chair. Signing no recommendation:                                                              
Senators Therriault, Wielechowski, McGuire.                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, zero, Department of Public Safety                                                                       
     Fiscal Note No. 2, Department of Public Safety                                                                             
     Fiscal Note No. 3, Department of Law                                                                                       
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0813
SB 139                                                                                                                        
The Health and Social Services Committee considered SENATE BILL                                                                 
NO. 139 "An Act establishing a loan repayment program and                                                                       
employment incentive program for certain health care professionals                                                              
employed in the state; and providing for an effective date" and                                                                 
recommended it be replaced with                                                                                                 
                                                                                                                                
          CS FOR SENATE BILL NO. 139(HSS)                                                                                       
                                                                                                                                
Signing do pass: Senator Davis, Chair; Senators Ellis, Thomas,                                                                  
Paskvan. Signing amend: Senator Dyson.                                                                                          
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, Department of Health and Social Services                                                                
     Fiscal Note No. 2, zero, Department of Education and Early                                                                 
      Development                                                                                                               
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
SB 148                                                                                                                        
The Judiciary Committee considered SENATE BILL NO. 148 "An                                                                      
Act relating to limitation of state liability on certain federal highway                                                        
programs; and providing for an effective date" and recommended it be                                                            
replaced with                                                                                                                   
                                                                                                                                
          CS FOR SENATE BILL NO. 148(JUD)                                                                                       
                                                                                                                                
Signing do pass: Senator French, Chair. Signing no recommendation:                                                              
Senators Therriault, Wielechowski, McGuire.                                                                                     
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Transportation and Public                                                           
      Facilities                                                                                                                
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SB 171                                                                                                                        
The State Affairs Committee considered SENATE BILL NO. 171 "An                                                                  
Act relating to the permanent fund dividend of an otherwise qualified                                                           
individual who dies during the qualifying year; and providing for an                                                            
effective date" and recommended it be replaced with                                                                             
                                                                                                                                
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0814
          CS FOR SENATE BILL NO. 171(STA)                                                                                       
                                                                                                                                
Signing do pass: Senator Menard, Chair; Senators Meyer, Kookesh,                                                                
Paskvan. Signing no recommendation: Senator French.                                                                             
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, Department of Revenue                                                                                   
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
HB 2                                                                                                                          
The Health and Social Services Committee considered CS FOR                                                                      
HOUSE BILL NO. 2(HSS) "An Act relating to the issuance of a                                                                     
certificate of birth resulting in a stillbirth." Signing do pass: Senator                                                       
Davis, Chair; Senators Thomas, Dyson. Signing no recommendation:                                                                
Senators Ellis, Paskvan.                                                                                                        
                                                                                                                                
The following previously published fiscal information applies:                                                                  
     Fiscal Note No. 1, zero, Department of Health and Social Services                                                          
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
SJR 17                                                                                                                        
The State Affairs Committee considered SENATE JOINT                                                                             
RESOLUTION NO. 17 Designating 2009 as the Year of the                                                                           
Noncommissioned Officer Corps of the United States Army. Signing                                                                
do pass: Senator Menard, Chair; Senators French, Meyer, Kookesh,                                                                
Paskvan.                                                                                                                        
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, zero, Senate State Affairs Committee                                                                    
                                                                                                                                
The resolution was referred to the Rules Committee.                                                                             
                                                                                                                                
SJR 18                                                                                                                        
The State Affairs Committee considered SENATE JOINT                                                                             
RESOLUTION NO. 18 Urging the United States Congress to pass the                                                                 
Honor the Written Intent of our Soldier Heroes Act, and recommended                                                             
it be replaced with                                                                                                             
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0815
          CS FOR SENATE JOINT RESOLUTION                                                                                        
          NO. 18(STA)                                                                                                           
                                                                                                                                
Signing do pass: Senator Menard, Chair; Senators French, Meyer,                                                                 
Kookesh.                                                                                                                        
                                                                                                                                
The following fiscal information was published today:                                                                           
     Fiscal Note No. 1, zero, Senate State Affairs Committee                                                                    
                                                                                                                                
The resolution was referred to the Rules Committee.                                                                             
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SJR 19                                                                                                                        
SENATE JOINT RESOLUTION NO. 19 BY SENATOR DAVIS,                                                                                
                                                                                                                                
          Urging the President of the United States and the                                                                     
          United States Secretary of Defense  to order the                                                                      
          withdrawal of members of the Alaska National Guard                                                                    
          from Iraq and to order the members to return to                                                                       
          Alaska; urging that the service of the Alaska National                                                                
          Guard be limited to service within Alaska unless                                                                      
          lawfully called into federal service; and urging the                                                                  
          attorney general to defend any decision to consent or                                                                 
          not to consent to the deployment of the Alaska                                                                        
          National Guard to Iraq.                                                                                               
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
SJR 20                                                                                                                        
SENATE JOINT RESOLUTION NO. 20 BY SENATORS                                                                                      
HUGGINS, Therriault, Dyson, Wagoner,                                                                                            
                                                                                                                                
          Relating to sovereign powers of the state.                                                                            
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0816
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 184                                                                                                                        
SENATE BILL NO. 184 BY SENATOR FRENCH, entitled:                                                                                
                                                                                                                                
               "An Act relating to public access to legislative                                                                
                committee meetings during regular legislative                                                                  
          sessions by Internet broadcast."                                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
                                    Recess                                                                                   
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
stand in recess to the Joint Session. Without objection, the Senate                                                             
recessed at 10:47 a.m.                                                                                                          
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
                          Joint Session in the House                                                                         
                                                                                                                                
Speaker Chenault called the House to order and in accordance with                                                               
Uniform Rule 51 turned the gavel over to President Stevens, who                                                                 
called the Joint Session to order at 11:01 a.m.                                                                                 
                                                                                                                                
The purpose of the Joint Session was to hear an address by the                                                                  
Honorable Mark Begich, United States Senator.                                                                                   
                                                                                                                                
Senator Ellis 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 Johansen 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.                                                                                           
                                                                                                                                
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0817
President Stevens appointed Representative Holmes and Senator Ellis                                                             
to escort U.S. Senator Begich to the Joint Session.                                                                             
                                                                                                                                
The Senate Sergeant at Arms, Edra Morledge, announced Senator                                                                   
Begich's entrance to the House Chamber.                                                                                         
                                                                                                                                
The Honorable Mark Begich was escorted to the rostrum and                                                                       
welcomed by President Stevens.                                                                                                  
                                                                                                                                
Senator Begich delivered his address. This address appears in Senate                                                            
and House Joint Journal Supplement No. 5.                                                                                       
                                                                                                                                
Following his address, there was a question and answer period. The                                                              
Honorable Mark Begich received a standing ovation and was escorted                                                              
from the chamber by Senator Ellis and Representative Holmes.                                                                    
                                                                                                                                
Representative Johansen moved and asked unanimous consent that the                                                              
Joint Session stand in adjournment. Without objection, President                                                                
Stevens adjourned the Joint Session at 11:50 a.m.                                                                               
                                                                                                                                
                                                                                                                                
                                 After Recess                                                                                
                                                                                                                                
                                In the Senate                                                                                
                                                                                                                                
The Senate reconvened at 1:12 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 88                                                                                                                         
SENATE BILL NO. 88 "An Act repealing certain provisions relating                                                                
to modifying the factors that apply to calculate the amount of power                                                            
cost equalization; providing for an effective date by repealing the                                                             
effective date of sec. 3, ch. 2, 4SSLA 2008; and providing for an                                                               
effective date" was read the second time.                                                                                       
                                                                                                                                
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0818
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. 88 was read the third time.                                                                                     
                                                                                                                                
Senator Hoffman called the Senate. The call was satisfied.                                                                      
                                                                                                                                
President Stevens invoked Sec. 102 of Mason's Manual.                                                                           
                                                                                                                                
The question being: "Shall SENATE BILL NO. 88 "An Act repealing                                                                 
certain provisions relating to modifying the factors that apply to                                                              
calculate the amount of power cost equalization; providing for an                                                               
effective date by repealing the effective date of sec. 3, ch. 2, 4SSLA                                                          
2008; and providing for an effective date" pass the Senate?" The roll                                                           
was taken with the following result:                                                                                            
                                                                                                                                
SB 88                                                                                                                           
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 BILL NO. 88 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.                                                                                                      
                                                                                                                                
Senator Hoffman lifted the call.                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0819
                                  Citations                                                                                  
                                                                                                                                
Honoring - Sara Peterson                                                                                                        
Representative(s) Seaton                                                                                                        
Senator(s) Stevens, Bunde, Davis, Dyson, Ellis, Hoffman, Huggins,                                                               
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Honoring - Farthest North Girl Scouts Council, 2009 Fairbanks                                                                   
Women of Distinction                                                                                                            
Representative(s) Kawasaki, Guttenberg                                                                                          
Senator(s) Thomas, Paskvan, Stevens, Bunde, Davis, Dyson, Ellis,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Stedman, Therriault, Wagoner, Wielechowski                                                                                      
                                                                                                                                
Honoring - Professor Katey Walter, National Geographic's Emerging                                                               
Explorers for 2009                                                                                                              
Representative(s) Guttenberg                                                                                                    
Senator(s) Thomas, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                                
Huggins, Kookesh, McGuire, Menard, Meyer, Olson, Paskvan,                                                                       
Stedman, Therriault, Wagoner, Wielechowski                                                                                      
                                                                                                                                
In Memoriam - Irene Widmark Tansy                                                                                               
Senator(s) Kookesh, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                               
Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
Representative(s) Salmon                                                                                                        
                                                                                                                                
In Memoriam - Ellen Demit                                                                                                       
Senator(s) Kookesh, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                               
Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
Representative(s) Salmon                                                                                                        
                                                                                                                                
In Memoriam - John Albert Hinchman Sr.                                                                                          
Representative(s) Thomas                                                                                                        
Senator(s) Kookesh, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                               
Huggins, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0820
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 Menard moved and asked unanimous consent to be excused                                                                  
from a call of the Senate from afternoon plane time, April 10 through                                                           
evening plane time, April 12. Without objection, Senator Menard was                                                             
excused.                                                                                                                        
                                                                                                                                
HJR 27                                                                                                                        
Senators Therriault, Dyson, Wagoner moved and asked unanimous                                                                   
consent to be shown as cross sponsors on CS FOR HOUSE JOINT                                                                     
RESOLUTION NO. 27(RES) Relating to sovereign powers of the                                                                      
state. Without objection, it was so ordered.                                                                                    
                                                                                                                                
SB 32                                                                                                                         
The reconsideration on CS FOR SENATE BILL NO. 32(FIN) "An                                                                       
Act relating to medical assistance payments for home and community-                                                             
based services and provision of personal care services in a recipient's                                                         
home; and providing for an effective date" was not taken up this                                                                
legislative day and the bill was referred to the Secretary for                                                                  
engrossment.                                                                                                                    
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
SB 32                                                                                                                         
CS FOR SENATE BILL NO. 32(FIN) "An Act relating to medical                                                                      
assistance payments for home and community-based services and                                                                   
provision of personal care services in a recipient's home; and                                                                  
providing for an effective date" was engrossed, signed by the President                                                         
and Secretary and transmitted to the House for consideration.                                                                   
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0821
SB 88                                                                                                                         
SENATE BILL NO. 88 "An Act repealing certain provisions relating                                                                
to modifying the factors that apply to calculate the amount of power                                                            
cost equalization; providing for an effective date by repealing the                                                             
effective date of sec. 3, ch. 2, 4SSLA 2008; and providing for an                                                               
effective date" was engrossed, signed by the President and Secretary                                                            
and transmitted to the House for consideration.                                                                                 
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
stand in adjournment until 11:00 a.m., April 8, 2009. Without                                                                   
objection, the Senate adjourned at 1:51 p.m.                                                                                    
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0822
                                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 07        Tuesday                               Beltz 211         3:30 PM                                                 
+ HB  10 MUNICIPAL TAXES: COSTS/EXEMPTIONS                                                                                      
                                                                                                                                
Apr 09        Thursday                              Beltz 211         3:30 PM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
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 07        Tuesday                   Senate Finance 532            9:00 AM                                                 
+= SB   1 ALASKA MINIMUM WAGE                                                                                                   
+ SB 170 UNEMPLOYMENT AMENDMENTS: FED STIMULUS                                                                                  
+ SB 133 ELECTRONIC HEALTH INFO EXCHANGE SYSTEM                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0823
                             FINANCE (continued)                                                                             
                                                                                                                                
Apr 08        Wednesday                 Senate Finance 532            9:00 AM                                                 
+= HB 172 STATE INVESTMENT IN EDUCATION FUND                                                                                    
+ SB  10 MEDICAID/INS FOR CANCER CLINICAL TRIALS                                                                                
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 09        Thursday                  Senate Finance 532            9:00 AM                                                 
+= SB  96 CHILD SUPPORT/ CASH MEDICAL SUPPORT                                                                                   
+ SB 183 GRANT AUTHORITY FOR AIR QUALITY                                                                                        
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 10        Friday                    Senate Finance 532            9:00 AM                                                 
+ SB  35 EXTEND SUICIDE PREVENTION COUNCIL                                                                                      
+ SB  80 EXTENDING VETERINARY BOARD                                                                                             
+ SB 114 EXT BD OF ARCHITECTS, ENGRS, & SURVEYORS                                                                               
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 11        Saturday                  Senate Finance 532          10:00 AM                                                  
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Apr 08        Wednesday                             Beltz 211         1:30 PM                                                 
+ SB 168 TRAUMA CARE CENTERS/FUND                                                                                               
+ SB 169 APPROP: TRAUMA CARE FUND                                                                                               
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 10        Friday                          Butrovich 205           1:30 PM                                                 
+ HJR 10 VETERANS' HEALTH CARE                                                                                                  
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Apr 08        Wednesday                       Butrovich 205           1:30 PM                                                 
+             Confirmation: Attorney General                                                                                    
              Wayne Anthony Ross                                                                                                
              Invited Testimony Only                                                                                            
              Meeting will Recess at 3:00 p.m.                                                                                  
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0824
                            JUDICIARY (continued)                                                                            
                                                                                                                                
Apr 08        Wednesday                       Butrovich 205           5:30 PM                                                 
              -- 1:30 p.m. Meeting Continued --                                                                                 
+             Confirmation: Attorney General                                                                                    
              Wayne Anthony Ross                                                                                                
              Public Testimony                                                                                                  
                                                                                                                                
Apr 10        Friday                                Beltz 211         1:30 PM                                                 
+= SB  54 PRICE GOUGING INVOLVING ENERGY RESOURCES                                                                              
+ SB  68 FELONS' RIGHT TO VOTE                                                                                                  
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               LABOR & COMMERCE                                                                              
                                                                                                                                
Apr 07        Tuesday                               Beltz 211         1:30 PM                                                 
              -- MEETING CANCELED --                                                                                            
+ SB 178 UNEMPLOYMENT AMENDMENTS:TRIBES/NPO                                                                                     
+ SB  12 LIMIT OVERTIME FOR REGISTERED NURSES                                                                                   
+ SB  61 MANDATORY UNIVERSAL HEALTH INSURANCE                                                                                   
+ SB 126 REEMPLOYMENT OF RETIREES; EXEMPT SERVICE                                                                               
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 09        Thursday                              Beltz 211         1:00 PM                                                 
              -- Please Note Time Change --                                                                                     
+ SB 175 INTERNET ACCESS AUTHORITY/TASK FORCE                                                                                   
+ SB 153 MOBILE HOMES AS REAL PROPERTY                                                                                          
+= SB 149 MORTGAGE LENDING                                                                                                      
+ HB 129 POWER TO REVOKE REAL ESTATE LICENSES                                                                                   
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Apr 07        Tuesday                            Capitol 106          1:00 PM                                                 
              -- Immediately Following Session --                                                                               
              -- Time and Location Change --                                                                                    
              Overview: Pipeline Update                                                                                         
              Presenters:                                                                                                       
              Tony Palmer w/TransCanada                                                                                         
              Bud Fackrell w/ Denali                                                                                            
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0825
                            RESOURCES (continued)                                                                            
                                                                                                                                
Apr 08        Wednesday                       Butrovich 205           3:30 PM                                                 
              Joint w/(H) Resources                                                                                             
              Overview: Shale Gas Development in the U.S.                                                                       
              Presenters:                                                                                                       
              Porter Bennett w/ Bentek Energy LLC                                                                               
              Dr. Mark Myers                                                                                                    
                                                                                                                                
Apr 10        Friday                          Butrovich 205           3:30 PM                                                 
              Overview: Alaska Fischer-Tropsch                                                                                  
+             Synthetic Fuels Pilot Program                                                                                     
              Mark K. Iden, Deputy Director, Operations                                                                         
              Defense Energy Support Center                                                                                     
+= SB 108 STAMPEDE STATE RECREATION AREA                                                                                        
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Apr 07        Tuesday                               Beltz 211         9:00 AM                                                 
+ SB   2 PUBLIC FINANCE WEBSITE                                                                                                 
+ SB 171 PERMANENT FUND DIVIDEND FOR DECEASED                                                                                   
+ SJR 17 DESIGNATING 2009 AS THE YEAR OF ARMY NCO                                                                               
+ SJR 18 SUPPORT SOLDIERS' BURIAL DESIGNATIONS                                                                                  
+ HJR 10 VETERANS' HEALTH CARE                                                                                                  
              <Pending Referral>                                                                                                
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 09        Thursday                              Beltz 211         9:00 AM                                                 
+ SB  37 DIVEST INVESTMENTS IN SUDAN                                                                                            
              <Pending Uniform Rule 23(d) being in effect>                                                                      
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                TRANSPORTATION                                                                               
                                                                                                                                
Apr 07        Tuesday                         Butrovich 205           1:00 PM                                                 
               -- Recessed to a Call of the Chair --                                                                            
+ SB  14 EXTEND MOTOR FUEL TAX SUSPENSION                                                                                       
+ HJR  9 CENTENNIAL OF FLIGHT CELEBRATION                                                                                       
+ SB  34 COMPRESSED NATURAL GAS FOR STATE VEHICLES                                                                              
                                                                                                                                

2009-04-07                     Senate Journal                      Page 0826
                          TRANSPORTATION (continued)                                                                         
                                                                                                                                
Apr 09        Thursday                        Butrovich 205           1:00 PM                                                 
              Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                              SPECIAL COMMITTEES                                                                             
                                                                                                                                
                                    ENERGY                                                                                   
                                                                                                                                
Apr 09        Thursday                     Fahrenkamp 203             2:30 PM                                                 
              -- Continued from 04/06/09 --                                                                                     
+= SB 143 RAILBELT ENERGY & TRANSMISSION CORP.                                                                                  
+= SJR  7 OPPOSE UN DESIGNATION OF ARCTIC OCEAN                                                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                               JOINT COMMITTEES                                                                              
                                                                                                                                
                             LEGISLATIVE COUNCIL                                                                             
                                                                                                                                
Apr 14        Tuesday                   Senate Finance 532            5:00 PM                                                 
              Agenda to be Announced                                                                                            
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                       JOINT LEGISLATIVE HEALTH CAUCUS                                                                       
                                                                                                                                
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                                                                                         
                                                                                                                                
Apr 16        Thursday                     House Chamber            11:00 AM                                                  
              Confirmation of Governor's Appointees