Legislature(2009 - 2010)

2009-04-14 Senate Journal

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2009-04-14                     Senate Journal                      Page 0935
                                                                                                                                
                                 SENATE JOURNAL                                                                              
                                                                                                                                
                            ALASKA STATE LEGISLATURE                                                                         
                                                                                                                                
                            TWENTY-SIXTH LEGISLATURE                                                                         
                                                                                                                                
                                 FIRST SESSION                                                                               
                                                                                                                                
Juneau, Alaska                                  Tuesday                              April 14, 2009                           
                                                                                                                                
                                Eighty-fifth Day                                                                             
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 11:05 a.m.                                                                                                           
                                                                                                                                
The roll showed eighteen members present. Senator McGuire was                                                                   
excused from a call of the Senate. The seat from District B was vacant.                                                         
                                                                                                                                
The prayer was offered by the Chaplain, Senator Davis. Senator                                                                  
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
             Most Generous Heavenly Father,                                                                                     
                                                                                                                                
             Help us as elected officials to choose wisely for the                                                              
             common good of all. Help us in every situation to                                                                  
             know and do the things that are right and just with                                                                
             soundness of judgment in making vital decisions.                                                                   
             Pray that we overcome pressures and stress. Pray for                                                               
             unity and understanding. Father, I ask these things                                                                
             with a mind open to your word and a heart that trusts                                                              
             in your eternal care.                                                                                              
                                                                                                                                
             Help us to be upright men and women of integrity,                                                                  
             honest and sincere in all that we do. Keep us forever                                                              
             mindful of our influence, particularly upon our young                                                              
             people. So that future generations will be equipped to                                                             
             become effective, Godly future leaders.                                                                            
                                                                                                                                
             I ask these things with a sincere and grateful heart,                                                              
                                                                                                                                
                                     Amen.                                                                                     
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0936
Senator Kookesh led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                 Certification                                                                               
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the journal for                                                            
the eighty-fourth legislative day be approved as certified by the                                                               
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                
                                                                                                                                
                            Messages from the House                                                                          
                                                                                                                                
HB 137                                                                                                                        
Message dated April 14 was read stating:                                                                                        
                                                                                                                                
On April 11, 2009, the House passed HOUSE BILL NO. 137 am. An                                                                   
engrossing error failed to remove the effective date in the title of the                                                        
amended bill. The corrected title follows:                                                                                      
                                                                                                                                
             HOUSE BILL NO. 137 am "An Act relating to an                                                                       
             interstate compact on educational opportunity for                                                                  
             military children; amending Rules 4 and 24, Alaska                                                                 
             Rules of Civil Procedure."                                                                                         
                                                                                                                                
Messages dated April 13 were read stating the House passed and                                                                  
transmitted for consideration:                                                                                                  
                                                                                                                                
                         First Reading and Reference of                                                                      
                               House Resolutions                                                                             
                                                                                                                                
HJR 25                                                                                                                        
CS FOR HOUSE JOINT RESOLUTION NO. 25(ENE) am BY THE                                                                             
HOUSE SPECIAL COMMITTEE ON ENERGY,                                                                                              
                                                                                                                                
                 Urging the United States Congress to classify                                                                 
               hydroelectric power as a renewable and alternative                                                              
             energy source.                                                                                                     
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0937
HJR 31                                                                                                                        
CS FOR HOUSE JOINT RESOLUTION NO. 31(MLV) BY THE                                                                                
HOUSE SPECIAL COMMITTEE ON MILITARY AND                                                                                         
VETERANS AFFAIRS,                                                                                                               
                                                                                                                                
             Urging the United States Congress to pass the Honor                                                                
             the Written Intent of our Soldier Heroes Act.                                                                      
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
                                                                                                                                
                   First Reading and Reference of House Bills                                                                
                                                                                                                                
HB 98                                                                                                                         
CS FOR HOUSE BILL NO. 98(FIN) am BY THE HOUSE FINANCE                                                                           
COMMITTEE, entitled:                                                                                                            
                                                                                                                                
             "An Act relating to minor consuming and repeat                                                                     
             minor consuming; 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, traffic, or possession of alcoholic                                                                  
             beverages in, a local option area; and providing for                                                               
             an effective date."                                                                                                
                                                                                                                                
was read the first time and referred to the Community and Regional                                                              
Affairs and Judiciary Committees.                                                                                               
                                                                                                                                
HB 177                                                                                                                        
CS FOR HOUSE BILL NO. 177(L&C) BY THE HOUSE LABOR                                                                               
AND COMMERCE COMMITTEE, entitled:                                                                                               
                                                                                                                                
             "An Act relating to marine products and motorized                                                                  
             recreational products; and providing for an effective                                                              
             date."                                                                                                             
                                                                                                                                
was read the first time and referred to the Labor and Commerce                                                                  
Committee.                                                                                                                      
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0938
HB 201                                                                                                                        
CS FOR HOUSE BILL NO. 201(JUD) BY THE HOUSE                                                                                     
JUDICIARY COMMITTEE, entitled:                                                                                                  
                                                                                                                                
             "An Act relating to the expiration date of a concealed                                                            
             handgun permit."                                                                                                   
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                
                                                                                                                                
HB 215                                                                                                                        
CS FOR HOUSE BILL NO. 215(EDC) BY THE HOUSE                                                                                     
EDUCATION COMMITTEE, entitled:                                                                                                  
                                                                                                                                
             "An Act repealing school experience for salary scales                                                             
             provisions."                                                                                                       
                                                                                                                                
was read the first time and referred to the Education Committee.                                                                
                                                                                                                                
                                                                                                                                
                           Standing Committee Reports                                                                        
                                                                                                                                
Report dated April 13 was read stating:                                                                                         
                                                                                                                                
In accordance with AS 39.05.080, the Senate Judiciary Committee                                                                 
reviewed the following name with regard to confirmation:                                                                        
                                                                                                                                
Attorney General                                                                                                              
Wayne Anthony Ross                                                                                                              
                                                                                                                                
There were no stated objections to the named individual. This does not                                                          
reflect an intent by any of the members to vote for or against the                                                              
individual during any further sessions.                                                                                         
                                                                                                                                
Signing the report: Senator French, Chair; Senators Wielechowski,                                                               
Therriault.                                                                                                                     
                                                                                                                                
Report dated April 13 was read stating:                                                                                         
                                                                                                                                
In accordance with AS 39.05.080, the Senate Resources Committee                                                                 
reviewed the following and recommends the appointments be                                                                       
forwarded to a joint session for consideration:                                                                                 
                                                                                                                                
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0939
Board of Game                                                                                                                 
Stanley "Stosh" Hoffman Jr.                                                                                                     
Cliff Judkins - Wasilla                                                                                                         
                                                                                                                                
Board of Fisheries                                                                                                            
Brent G. Johnson - Clam Gulch                                                                                                   
                                                                                                                                
This does not reflect an intent by any of the members to vote for or                                                            
against the confirmation of the individuals during any further sessions.                                                        
                                                                                                                                
Signing the report: Senator Wielechowski, Chair; Senators French,                                                               
Wagoner, Stevens, Huggins.                                                                                                      
                                                                                                                                
Report dated April 14 was read stating:                                                                                         
                                                                                                                                
In accordance with AS 44.19.040, the State Affairs Committee                                                                    
reviewed the following and recommends the appointment be                                                                        
forwarded to a joint session for consideration:                                                                                 
                                                                                                                                
Lieutenant Governor Designee                                                                                                  
Joseph D. Schmidt                                                                                                               
                                                                                                                                
This does not reflect an intent by any of the members to vote for or                                                            
against the confirmation of the individual during any further sessions.                                                         
                                                                                                                                
Signing the report: Senator Menard, Chair; Senators Paskvan,                                                                    
Kookesh, French.                                                                                                                
                                                                                                                                
SB 54                                                                                                                         
The Judiciary Committee considered SENATE BILL NO. 54 "An Act                                                                   
making sales of and offers to sell certain energy resources by a refiner                                                        
at prices that are exorbitant or excessive an unlawful act or practice                                                          
under the Alaska Unfair Trade Practices and Consumer Protection                                                                 
Act" and recommended it be replaced with                                                                                        
                                                                                                                                
             CS FOR SENATE BILL NO. 54(JUD) "An Act                                                                             
             making sales of and offers to sell certain energy                                                                  
             resources at prices that are unconscionable an                                                                     
             unlawful act or practice under the Alaska Unfair                                                                   
             Trade Practices and Consumer Protection Act."                                                                      
                                                                                                                                
Signing do pass: Senator French, Chair; Senator Wielechowski.                                                                   
Signing no recommendation: Senator Therriault.                                                                                  

2009-04-14                     Senate Journal                      Page 0940
The following fiscal information was published today:                                                                           
      Fiscal Note No. 2, indeterminate, Department of Law                                                                       
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
SB 105                                                                                                                        
The Health and Social Services Committee considered SENATE BILL                                                                 
NO. 105 "An Act relating to continuing the secondary public                                                                     
education of a homeless student; relating to the purpose of certain laws                                                        
as they relate to children; relating to tuition waivers, loans, and                                                             
medical assistance for a child placed in out-of-home care by the state;                                                         
relating to foster care; relating to children in need of aid; relating to                                                       
foster care transition to independent living; and relating to juvenile                                                          
programs and institutions" and recommended it be replaced with                                                                  
                                                                                                                                
             CS FOR SENATE BILL NO. 105(HSS) "An Act                                                                            
             relating to continuing the secondary public education                                                              
             of a homeless student; relating to the purpose of                                                                  
             certain laws as they relate to children; relating to                                                               
             tuition waivers and medical assistance for a child                                                                 
             placed in out-of-home care by the state; relating to                                                               
             foster care; relating to children in need of aid; and                                                              
             relating to out-of-home care transition to independent                                                             
             living."                                                                                                           
                                                                                                                                
Signing do pass: Senator Davis, Chair; Senators Thomas, Ellis,                                                                  
Paskvan. Signing no recommendation: Senator Dyson.                                                                              
                                                                                                                                
The following fiscal information was published today:                                                                           
      Fiscal Note No. 7, Department of Health and Social Services                                                               
                                                                                                                                
The following previously published fiscal information applies:                                                                  
      Fiscal Note No. 1, Department of Health and Social Services                                                               
      Fiscal Note No. 2, Department of Health and Social Services                                                               
      Fiscal Note No. 4, University of Alaska                                                                                   
      Fiscal Note No. 5, zero, Department of Education and Early                                                                
       Development                                                                                                              
      Fiscal Note No. 6, Department of Education and Early                                                                      
       Development                                                                                                              
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0941
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
SB 171                                                                                                                        
The Finance 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                                                                             
                                                                                                                                
             CS FOR SENATE BILL NO. 171(FIN)                                                                                    
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators                                                                  
Huggins, Thomas, Olson, Ellis.                                                                                                  
                                                                                                                                
The following fiscal information was published today:                                                                           
      Fiscal Note No. 2, Department of Revenue                                                                                  
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
SB 177                                                                                                                        
The Finance Committee considered SENATE BILL NO. 177 "An Act                                                                    
repealing the termination of licensing and regulation of sport fishing                                                          
operators and sport fishing guides and licensing and registration of                                                            
sport fishing vessels; and providing for an effective date" and                                                                 
recommended it be replaced with                                                                                                 
                                                                                                                                
             CS FOR SENATE BILL NO. 177(FIN) "An Act                                                                            
             relating to an exception for professional fishing guide                                                            
             services in the Kenai River Special Management                                                                     
             Area; relating to the licensing and regulation of sport                                                            
             fishing operators and sport fishing guides and                                                                     
             licensing and registration of sport fishing vessels; and                                                           
             providing for an effective date."                                                                                  
                                                                                                                                
Signing do pass: Senator Stedman, Cochair; Senators Huggins,                                                                    
Thomas, Ellis. Signing no recommendation: Senator Hoffman,                                                                      
Cochair; Senator Olson.                                                                                                         
                                                                                                                                
The following previously published fiscal information applies:                                                                  
      Fiscal Note No. 1, Department of Fish and Game                                                                            
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0942
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 14                                                                                                                         
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                                                    
14(STA) "An Act designating the Alaskan Malamute as the official                                                                
state dog." Signing no recommendation: Senator Menard, Chair;                                                                   
Senators French, Paskvan, Kookesh.                                                                                              
                                                                                                                                
The following previously published fiscal information applies:                                                                  
      Fiscal Note No. 1, zero, Office of the Governor                                                                           
                                                                                                                                
The bill was referred to the Resources Committee.                                                                               
                                                                                                                                
HB 156                                                                                                                        
The State Affairs Committee considered HOUSE BILL NO. 156 "An                                                                   
Act relating to municipal fees charged for disposal of waste material                                                           
from the substantial rehabilitation, renovation, demolition, removal, or                                                        
replacement of a structure on deteriorated property." Signing do pass:                                                          
Senator Menard, Chair; Senators Meyer, French, Kookesh, Paskvan.                                                                
                                                                                                                                
The following previously published fiscal information applies:                                                                  
           Fiscal Note No. 1, zero, Department of Commerce, Community                                                          
       and Economic Development                                                                                                 
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HJR 10                                                                                                                        
The State Affairs Committee considered CS FOR HOUSE JOINT                                                                       
RESOLUTION NO. 10(HSS) Urging the United States Congress to                                                                     
improve health care for veterans. Signing do pass: Senator Menard,                                                              
Chair; Senators French, Paskvan. Signing no recommendation:                                                                     
Senator Kookesh.                                                                                                                
                                                                                                                                
The following previously published fiscal information applies:                                                                  
      Fiscal Note No. 1, zero, House Special Committee on Military and                                                          
       Veterans Affairs                                                                                                         
                                                                                                                                
The resolution was referred to the Rules Committee.                                                                             
                                                                                                                                
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0943
HJR 22                                                                                                                        
The Resources Committee considered HOUSE JOINT RESOLUTION                                                                       
NO. 22 Urging the United States Senate to ratify the United Nations                                                             
Convention on the Law of the Sea (the Law of the Sea Treaty).                                                                   
Signing do pass: Senator Wielechowski, Cochair; Senators Stevens,                                                               
French. Signing no recommendation: Senators Wagoner, Huggins.                                                                   
                                                                                                                                
The following previously published fiscal information applies:                                                                  
      Fiscal Note No. 1, zero, House State Affairs Committee                                                                    
                                                                                                                                
The resolution was referred to the Rules Committee.                                                                             
                                                                                                                                
HJR 28                                                                                                                        
The Resources Committee considered CS FOR HOUSE JOINT                                                                           
RESOLUTION NO. 28(RES) am Urging the President of the United                                                                    
States and the United States Congress not to adopt any policy, rule, or                                                         
administrative action or enact legislation that would restrict energy                                                           
exploration, development, and production in federal and state waters                                                            
around Alaska, the outer continental shelf within 200 miles of shore,                                                           
and elsewhere in the continental United States; urging the President of                                                         
the United States and the United States Congress to encourage and                                                               
promote continued exploration, development, and production of                                                                   
domestic oil and gas resources, and recommended it be replaced with                                                             
                                                                                                                                
                        SENATE CS FOR CS FOR HOUSE JOINT                                                                       
             RESOLUTION NO. 28(RES)                                                                                             
                                                                                                                                
Signing no recommendation: Senator Wielechowski, Cochair;                                                                       
Senators Huggins, Wagoner. Signing do pass: Senators French,                                                                    
Stevens.                                                                                                                        
                                                                                                                                
The following previously published fiscal information applies:                                                                  
      Fiscal Note No. 1, zero, House Resources Committee                                                                        
                                                                                                                                
The resolution was referred to the Rules Committee.                                                                             
                                                                                                                                
HCR 2                                                                                                                         
The Finance Committee considered CS FOR HOUSE                                                                                   
CONCURRENT RESOLUTION NO. 2(RES) am Requesting the                                                                              
governor to provide energy security for all Alaskans first by pursuing                                                          

2009-04-14                     Senate Journal                      Page 0944
development of a natural gas bullet pipeline from the North Slope to                                                            
the Cook Inlet region; and requesting the governor to identify and                                                              
negotiate where appropriate with one or more persons capable of                                                                 
producing natural gas from the Gubik area, and other areas on the                                                               
North Slope if necessary, in sufficient quantities to support the energy                                                        
needs of Alaskans and a bullet pipeline project, and recommended the                                                            
adoption of the Resources Senate Committee Substitute offered on                                                                
page 698. Signing do pass: Senator Stedman, Cochair; Senators                                                                   
Huggins, Thomas. Signing no recommendation: Senator Hoffman,                                                                    
Cochair; Senator Olson. Signing amend: Senator Ellis.                                                                           
                                                                                                                                
The resolution was referred to the Rules Committee.                                                                             
                                                                                                                                
                                                                                                                                
                         Consideration of the Calendar                                                                       
                                                                                                                                
                         Second Reading of Senate Bills                                                                      
                                                                                                                                
SB 48                                                                                                                         
SENATE BILL NO. 48 "An Act exempting municipal service area                                                                     
boards from the requirements of conducting meetings open to the                                                                 
public when meeting about road conditions affected by harsh weather"                                                            
was read the second time.                                                                                                       
                                                                                                                                
Senator French, Chair, moved and asked unanimous consent for the                                                                
adoption of the Judiciary Committee Substitute offered on page 894.                                                             
Without objection, CS FOR SENATE BILL NO. 48(JUD) "An Act                                                                       
exempting municipal service area boards from the requirements of                                                                
conducting meetings open to the public when a meeting is                                                                        
administrative or managerial in nature; and amending the definition of                                                          
'meeting' as it relates to public governmental meetings" was adopted.                                                           
                                                                                                                                
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.                                                                                  
                                                                                                                                
CS FOR SENATE BILL NO. 48(JUD) was read the third time.                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0945
The question being: "Shall CS FOR SENATE BILL NO. 48(JUD) "An                                                                   
Act exempting municipal service area boards from the requirements of                                                            
conducting meetings open to the public when a meeting is                                                                        
administrative or managerial in nature; and amending the definition of                                                          
'meeting' as it relates to public governmental meetings" pass the                                                               
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
CSSB 48(JUD)                                                                                                                    
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Excused:  McGuire                                                                                                               
                                                                                                                                
and so, CS FOR SENATE BILL NO. 48(JUD) passed the Senate and                                                                    
was referred to the Secretary for engrossment.                                                                                  
                                                                                                                                
SB 171                                                                                                                        
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" was read the                                                              
second time.                                                                                                                    
                                                                                                                                
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Committee Substitute offered on page 941.                                                           
Without objection, CS FOR SENATE BILL NO. 171(FIN) was                                                                          
adopted.                                                                                                                        
                                                                                                                                
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.                                                                                  
                                                                                                                                
CS FOR SENATE BILL NO. 171(FIN) was read the third time.                                                                        
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 171(FIN)                                                                      
"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" pass the Senate?" The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0946
CSSB 171(FIN)                                                                                                                   
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Excused:  McGuire                                                                                                               
                                                                                                                                
and so, CS FOR SENATE BILL NO. 171(FIN) passed the Senate.                                                                      
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the effective date clause.                                                        
Without objection, it was so ordered                                                                                            
                                                                                                                                
Senator Bunde gave notice of reconsideration.                                                                                   
                                                                                                                                
                                                                                                                                
                         Second Reading of House Bills                                                                       
                                                                                                                                
HB 137                                                                                                                        
HOUSE BILL NO. 137 am "An Act relating to an interstate compact                                                                 
on educational opportunity for military children; amending Rules 4                                                              
and 24; Alaska Rules of Civil Procedure " was read the second time.                                                             
                                                                                                                                
Senator Huggins offered Amendment No. 1 :                                                                                        
                                                                                                                                
Page 1, line 2, following "Procedure" (title amendment):                                                                      
 Insert "; and providing for an effective date"                                                                               
                                                                                                                                
Page 25, following line 16:                                                                                                     
 Insert a new bill section to read:                                                                                             
 *Sec. 4. This Act takes effect immediately under                                                                             
                    AS 01.10.070(c).                                                                                          
                                                                                                                                
Senator Huggins moved and asked unanimous consent for the                                                                       
adoption of Amendment No. 1. Without objection, Amendment No. 1                                                                 
was adopted.                                                                                                                    
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0947
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.                                                                                  
                                                                                                                                
HOUSE BILL NO. 137 am(efd add S) "An Act relating to an interstate                                                              
compact on educational opportunity for military children; amending                                                              
Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an                                                           
effective date" was read the third time.                                                                                        
                                                                                                                                
Senators Ellis, Paskvan, Wielechowski, Menard, Meyer, Stedman,                                                                  
Hoffman, Thomas, French, Wagoner, Bunde, Stevens moved and                                                                      
asked unanimous consent to be shown as cross sponsors on the bill.                                                              
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The question being: "Shall HOUSE BILL NO. 137 am(efd add S) "An                                                                 
Act relating to an interstate compact on educational opportunity for                                                            
military children; amending Rules 4 and 24, Alaska Rules of Civil                                                               
Procedure; and providing for an effective date" pass the Senate?" The                                                           
roll was taken with the following result:                                                                                       
                                                                                                                                
HB 137 am(efd add S)                                                                                                            
Third Reading - Final Passage                                                                                                   
Effective Date       Court Rules                                                                                                
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Excused:  McGuire                                                                                                               
                                                                                                                                
and so, HOUSE BILL NO. 137 am(efd add S) passed the Senate.                                                                     
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the Court Rule changes.                                                           
Without objection, it was so ordered.                                                                                           
                                                                                                                                
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.                                                                                                      
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0948
                                   Citations                                                                                 
                                                                                                                                
Honoring - Rebecca Apel                                                                                                         
Representative(s) Gatto                                                                                                         
Senator(s) Menard, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                                
Huggins, Kookesh, McGuire, Meyer, Olson, Paskvan, Stedman,                                                                      
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Honoring - Rachel Kenley                                                                                                        
Representative(s) Gatto                                                                                                         
Senator(s) Menard, Stevens, Bunde, Davis, Dyson, Ellis, Hoffman,                                                                
Huggins, Kookesh, McGuire, Meyer, Olson, Paskvan, Stedman,                                                                      
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the citations be                                                           
adopted. Without objection, the citations were adopted and referred to                                                          
the Secretary for transmittal.                                                                                                  
                                                                                                                                
                                                                                                                                
                              Unfinished Business                                                                            
                                                                                                                                
                        Reconsideration of Senate Bills                                                                      
                                                                                                                                
SB 183                                                                                                                        
Senator Dyson requested that the reconsideration on SENATE BILL                                                                 
NO. 183 be taken up. The bill was before the Senate on                                                                          
reconsideration.                                                                                                                
                                                                                                                                
The question to be reconsidered: "Shall SENATE BILL NO. 183 "An                                                                 
Act authorizing the Department of Environmental Conservation to                                                                 
award grants for the control of air emissions or the development and                                                            
administration of air quality control programs; and providing for an                                                            
effective date" pass the Senate?" The roll was taken with the following                                                         
result:                                                                                                                         
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0949
SB 183                                                                                                                          
Third Reading - On Reconsideration                                                                                              
                                                                                                                                
YEAS:  17   NAYS:  0   EXCUSED:  1   ABSENT:  1  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, Menard, Meyer, Olson, Paskvan, Stevens, Therriault,                                                                    
Thomas, Wagoner, Wielechowski                                                                                                   
                                                                                                                                
Excused:  McGuire                                                                                                               
                                                                                                                                
Absent:  Stedman                                                                                                                
                                                                                                                                
and so, SENATE BILL NO. 183 passed the Senate.                                                                                  
                                                                                                                                
Senator Dyson offered the following Senate Letter of Intent:                                                                    
                                                                                                                                
                                LETTER OF INTENT                                                                               
                                Senate Bill 183                                                                                
                              PURCHASE OF VEHICLES                                                                             
                                                                                                                                
             It is the intent of the Legislature that entities                                                                  
             purchasing vehicles with funds from grants issued in                                                               
             accordance with AS 46.14.535 conduct a cost-benefit                                                                
             analysis of using propane and a cost-benefit analysis                                                              
             of using compressed natural gas in lieu of gasoline or                                                             
             diesel fuel to power such vehicles. Such analysis                                                                  
             shall consider the lifecycle costs of the vehicles                                                                 
             including, but not limited to: cost of fuel and                                                                    
             infrastructure to deliver such fuel; engine                                                                        
             maintenance, overhaul costs, and longevity; and costs                                                              
             of purchase or conversion. It is the further intent of                                                             
             the Legislature that vehicles purchased with funds                                                                 
             from grants issued in accordance with AS 46.14.535                                                                 
             be capable of being fueled by either propane or                                                                    
             compressed natural gas unless analysis clearly proves                                                              
             that use of propane or compressed natural gas is not                                                               
             economically or technologically effective.                                                                         
                                                                                                                                
Senator Dyson moved for the adoption of the Senate Letter of Intent.                                                            
Senator Ellis objected.                                                                                                         
                                                                                                                                
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0950
The question being: "Shall the Senate Letter of Intent be adopted?"                                                             
The roll was taken with the following result:                                                                                   
                                                                                                                                
SB 183                                                                                                                          
Adopt Letter of Intent?                                                                                                         
                                                                                                                                
YEAS:  7   NAYS:  11   EXCUSED:  1   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Dyson, Menard, Olson, Therriault, Wagoner,                                                                        
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Davis, Ellis, French, Hoffman, Huggins, Kookesh, Meyer,                                                                  
Paskvan, Stedman, Stevens, Thomas                                                                                               
                                                                                                                                
Excused:  McGuire                                                                                                               
                                                                                                                                
and so, the Senate Letter of Intent failed.                                                                                     
                                                                                                                                
Senator Ellis moved for the adoption of the effective date clause.                                                              
                                                                                                                                
The question being: "Shall the effective date clause be adopted?" The                                                           
roll was taken with the following result:                                                                                       
                                                                                                                                
SB 183                                                                                                                          
Effective Date Clause                                                                                                           
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Excused:  McGuire                                                                                                               
                                                                                                                                
and so, the effective date clause was adopted and the bill was referred                                                         
to the Secretary for engrossment.                                                                                               
                                                                                                                                
Senator Bunde moved and asked unanimous consent to be excused                                                                   
from a call of the Senate from April 20 through April 26. Without                                                               
objection, Senator Bunde was excused.                                                                                           
                                                                                                                                
SB 171                                                                                                                        
Senators Thomas, Dyson, Paskvan, Stedman, Therriault, Bunde,                                                                    
Wagoner, Stevens, Hoffman moved and asked unanimous consent to                                                                  
be shown as cosponsors on CS FOR SENATE BILL NO. 171(FIN)                                                                       

2009-04-14                     Senate Journal                      Page 0951
"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." Without objection, it was so ordered.                                                         
                                                                                                                                
HJR 31                                                                                                                        
Senator Menard, Chair, moved and asked unanimous consent that the                                                               
State Affairs Committee referral be waived on CS FOR HOUSE                                                                      
JOINT RESOLUTION NO. 31(MLV) Urging the United States                                                                           
Congress to pass the Honor the Written Intent of our Soldier Heroes                                                             
Act. Without objection, the resolution was referred to the Rules                                                                
Committee.                                                                                                                      
                                                                                                                                
                                                                                                                                
                                 Announcements                                                                               
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                  Engrossment                                                                                
                                                                                                                                
SB 48                                                                                                                         
CS FOR SENATE BILL NO. 48(JUD) "An Act exempting municipal                                                                      
service area boards from the requirements of conducting meetings                                                                
open to the public when a meeting is administrative or managerial in                                                            
nature; and amending the definition of 'meeting' as it relates to public                                                        
governmental meetings" was engrossed, signed by the President and                                                               
Secretary and transmitted to the House for consideration.                                                                       
                                                                                                                                
SB 183                                                                                                                        
SENATE BILL NO. 183 "An Act authorizing the Department of                                                                       
Environmental Conservation to award grants for the control of air                                                               
emissions or the development and administration of air quality control                                                          
programs; and providing for an effective date" was engrossed, signed                                                            
by the President and Secretary and transmitted to the House for                                                                 
consideration.                                                                                                                  
                                                                                                                                
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0952
HB 137                                                                                                                        
HB 137 am(efd add S) "An Act relating to an interstate compact on                                                               
educational opportunity for military children; amending Rules 4 and                                                             
24, Alaska Rules of Civil Procedure; and providing for an effective                                                             
date" was engrossed, signed by the President and Secretary and                                                                  
returned to the House for consideration.                                                                                        
                                                                                                                                
                                                                                                                                
                                  Adjournment                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
stand in adjournment until 1:00 p.m., April 15 2009. Without                                                                    
objection, the Senate adjourned at 11:58 a.m.                                                                                   
                                                                                                                                
                                                                                       Kirsten Waid                             
                                                                         Secretary of the Senate                                
                                                                                                                                
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0953
                                 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                                                                                     
                                                                                                                                
                                   EDUCATION                                                                                 
                                                                                                                                
Apr 15             Wednesday                                          Beltz 211                8:00 AM                        
+ HB 215 TEACHERS' SALARIES: SCHOOL EXPERIENCE                                                                                  
                    ----------------------------------------                                                                   
                                                                                                                                
                                    FINANCE                                                                                  
                                                                                                                                
Apr 14             Tuesday                             Senate Finance 532                      9:00 AM                        
+= SB 171 PERMANENT FUND DIVIDEND FOR DECEASED                                                                                  
+= SB 177 NO REPEAL OF SPORT FISH GUIDE LICENSING                                                                               
+ HCR  2 IN-STATE GAS PIPELINE                                                                                                  
+ HB 199 APPROPS: NON-TRANSPORTATION STIMULUS                                                                                   
+                  Bills Previously Heard/Scheduled                                                                             
                                                                                                                                
Apr 15             Wednesday                           Senate Finance 532                      9:00 AM                        
+ HB 113 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                              
+= HB 199 APPROPS: NON-TRANSPORTATION STIMULUS                                                                                  
+ HB 134 CRUISE SHIP WASTEWATER DISCHARGE PERMITS                                                                               
+ HB  26 MEDICAID FOR ADULT DENTAL SERVICES                                                                                     
+                  Bills Previously Heard/Scheduled                                                                             
                    ----------------------------------------                                                                   
                                                                                                                                
                            HEALTH & SOCIAL SERVICES                                                                         
                                                                                                                                
Apr 15             Wednesday                                  Butrovich 205                    1:30 PM                        
+ SB 179 PARENTAL NOTICE OF MINOR'S ABORTION                                                                                    
+ HB  35 NOTICE & CONSENT FOR MINOR'S ABORTION                                                                                  
+                  Bills Previously Heard/Scheduled                                                                             

2009-04-14                     Senate Journal                      Page 0954
                      HEALTH & SOCIAL SERVICES (continued)                                                                   
                                                                                                                                
Apr 17             Friday                                     Butrovich 205                    1:30 PM                        
+ SB 172 ALASKA HEALTH CARE COMMISSION                                                                                          
+                  Bills Previously Heard/Scheduled                                                                             
                    ----------------------------------------                                                                   
                                                                                                                                
                                   JUDICIARY                                                                                 
                                                                                                                                
Apr 15             Wednesday                                          Beltz 211                1:30 PM                        
+= SB  68 FELONS' RIGHT TO VOTE                                                                                                 
+ HB 152 2009 REVISOR'S BILL                                                                                                    
+= HB  49 EMINENT DOMAIN: RECREATIONAL STRUCTURES                                                                               
+ HB 170 REPEAL AUTHORITY FOR DAY FINES                                                                                         
+                  Bills Previously Heard/Scheduled                                                                             
                    ----------------------------------------                                                                   
                                                                                                                                
                                LABOR & COMMERCE                                                                             
                                                                                                                                
Apr 14             Tuesday                                            Beltz 211                1:00 PM                        
                   -- Time Change --                                                                                            
+ HB  93 DO NOT CALL REGISTRY--MOBILE/CELL PHONES                                                                               
+ HB 101 EXEMPTIONS: LIFE INSURANCE; ANNUITIES                                                                                  
+ HB 102 UNIFORM COMMERCIAL CODE                                                                                                
+                  Bills Previously Heard/Scheduled                                                                             
                                                                                                                                
Apr 16             Thursday                                           Beltz 211                1:00 PM                        
                   -- Time Change --                                                                                            
+                  Bills Previously Heard/Scheduled                                                                             
                    ----------------------------------------                                                                   
                                                                                                                                
                                   RESOURCES                                                                                 
                                                                                                                                
Apr 15             Wednesday                                  Butrovich 205                    3:30 PM                        
+                  Confirmation Hearing:                                                                                        
                   Teresa Sager-Albaugh - Board of Game                                                                         
+ SJR 22 FEDERAL PREEMPTION OF SALMON MANAGEMENT                                                                                
+ HB  14 ALASKAN MALAMUTE AS STATE DOG                                                                                          
+ HCR 10 OPPOSE FED. CONTROL OF STATE LAND & WATER                                                                              
+ HJR 27 STATE SOVEREIGNTY                                                                                                      
+ HJR 25 HYDROELECTRIC POWER; RENEWABLE ENERGY                                                                                  
+                  Bills Previously Heard/Scheduled                                                                             
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0955
                             RESOURCES (continued)                                                                           
                                                                                                                                
Apr 17             Friday                                     Butrovich 205                    3:30 PM                        
+                  Bills Previously Heard/Scheduled                                                                             
                    ----------------------------------------                                                                   
                                                                                                                                
                                 STATE AFFAIRS                                                                               
                                                                                                                                
Apr 14             Tuesday                                            Beltz 211                9:00 AM                        
+= HJR 10 VETERANS' HEALTH CARE                                                                                                 
+ HB  14 ALASKAN MALAMUTE AS STATE DOG                                                                                          
+ HB 156 ALLOWING CERTAIN LANDFILL FEE WAIVERS                                                                                  
                    ----------------------------------------                                                                   
                                                                                                                                
                                JOINT COMMITTEES                                                                             
                                                                                                                                
                              LEGISLATIVE COUNCIL                                                                            
                                                                                                                                
Apr 14             Tuesday                             Senate Finance 532                      5:00 PM                        
                   Roll Call                                                                                                    
                   Approval of Minutes of April 2, 2009                                                                         
                   Legislative Coin Policy Approval                                                                             
                   Fairbanks Telephone Upgrade Approval                                                                         
                   Legis. Legal Representation Approval                                                                         
                   Amendment to Moving & Travel Policy                                                                          
                    - Waiver Fees                                                                                               
                   Anchorage Office Space Proposal                                                                              
                   Bethel Lease (Executive Session)                                                                             
                   Other Business                                                                                               
                    ----------------------------------------                                                                   
                                                                                                                                
                             CONFERENCE COMMITTEES                                                                           
                                                                                                                                
                     CONFERENCE COMMITTEE ON HB 81 & HB 83                                                                   
                                                                                                                                
Apr 14             Tuesday                             Senate Finance 532                      8:15 AM                        
                   -- Time Change --                                                                                            
= HB  81 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                   
= HB  83 APPROP: MENTAL HEALTH BUDGET                                                                                           
                   Open Items                                                                                                   
                                                                                                                                
                                                                                                                                

2009-04-14                     Senate Journal                      Page 0956
                       CONFERENCE COMMITTEES (continued)                                                                     
                                                                                                                                
               CONFERENCE COMMITTEE ON HB 81 & HB 83 (continued)                                                             
                                                                                                                                
Apr 15             Wednesday                           Senate Finance 532                      8:00 AM                        
                   -- MEETING CANCELED --                                                                                       
= HB  81 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                                                   
= HB  83 APPROP: MENTAL HEALTH BUDGET                                                                                           
                   Open Items                                                                                                   
                    ----------------------------------------                                                                   
                                                                                                                                
                                 OTHER MEETINGS                                                                              
                                                                                                                                
                        JOINT LEGISLATIVE HEALTH CAUCUS                                                                      
                                                                                                                                
May 13             Wednesday                           Anch Lio Conf Rm                       12:30 PM                        
                   Week of the Uninsured                                                                                        
                    ----------------------------------------                                                                   
                                                                                                                                
                                 JOINT SESSION                                                                               
                                                                                                                                
Apr 16             Thursday                                House Chamber                     11:00 AM                         
                   Confirmation of Governor's Appointees