Legislature(2009 - 2010)

2009-04-15 Senate Journal

Full Journal pdf

2009-04-15                     Senate Journal                      Page 0957
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-SIXTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                   Wednesday                    April 15, 2009                                                  
                                                                                                                                
                               Eighty-sixth Day                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 1:01 p.m.                                                                                                            
                                                                                                                                
The roll showed eighteen members present. Senator Bunde was                                                                     
absent. The seat from District B was vacant.                                                                                    
                                                                                                                                
The prayer was offered by the Chaplain, Senator Wielechowski.                                                                   
Senator Hoffman moved and asked unanimous consent that the prayer                                                               
be spread. Without objection, it was so ordered.                                                                                
                                                                                                                                
               Father, we pray for the many who are trapped by                                                                 
               growing burdens of debt, who see no way out, and                                                                
          who despair for their future.                                                                                         
                                                                                                                                
          Give them courage to tackle the problems they face,                                                                   
          clarity in taking decisions which will turn their                                                                     
          situation around, and faith that, as they cry to you in                                                               
          their trouble, you will deliver them from their                                                                       
 distress.                                                              Amen.                                                  
                                                                                                                                
Senator McGuire led the Senate in the Pledge of Allegiance.                                                                     
                                                                                                                                
                                                                                                                                
                                Certification                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the journal for                                                            
the eighty-fifth legislative day be approved as certified by the                                                                
Secretary. Without objection, it was so ordered.                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0958
The presence of Senator Bunde was noted.                                                                                        
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
Message dated April 14 was received stating:                                                                                    
                                                                                                                                
Dear Senator Stevens:                                                                                                           
                                                                                                                                
I received written notification from Senator Johnny Ellis on April 10,                                                          
2009, that my nomination of Mr. Joseph G. Nelson for the vacant seat                                                            
for senate district B, through a closed door process, was not confirmed                                                         
by the Senate Democrats. I am disappointed that they yet again failed                                                           
to seat a qualified individual for this Senate district, further depriving                                                      
Juneau and the region representation in the Alaska Senate.                                                                      
                                                                                                                                
Since the resignation of Senator Kim Elton on March 2, 2009, I have                                                             
worked hard to fill this vacancy as expeditiously as possible with a                                                            
person who will represent this diverse district and work to support and                                                         
develop the economy of Juneau and Southeast Alaska as a whole. The                                                              
March 5, 2009, nomination of only a single name by the Greater                                                                  
Juneau Democratic District necessitated that I initiate an open and                                                             
public process so that all interested and qualified Juneau residents                                                            
could be considered. On March 9, 2009, I asked those interested in the                                                          
seat to submit a letter to me. After review of those applications, I                                                            
interviewed several candidates and appointed Mr. Tim Grussendorf on                                                             
March 30, 2009.                                                                                                                 
                                                                                                                                
Mr. Grussendorf is a life-long, southeast resident who has earned his                                                           
living as a commercial fisherman and has worked for the Alaska                                                                  
Senate since 1990, after receiving his Bachelor's degree in political                                                           
science from the University of Oregon. He is active in the community,                                                           
coaching soccer and basketball through Juneau Parks and Recreation                                                              
and Floyd Dryden Middle School, and has served or is serving on                                                                 
several fishing-related boards.                                                                                                 
                                                                                                                                
On April 6, 2009, I was notified that, in a closed door meeting, the                                                            
Senate Democrats did not confirm Mr. Grussendorf. That same day, I                                                              
submitted a second nomination for Joseph G. Nelson. Mr. Nelson,                                                                 

2009-04-15                     Senate Journal                      Page 0959
another life-long southeast resident, is well-qualified to represent the                                                        
people of this district. Among his many accomplishments, he holds                                                               
both a bachelor's and master's degree from UCLA, a law degree from                                                              
Loyola, is director of Admissions at the University of Alaska                                                                   
Southeast and currently serves on the board of Sealaska, Corp.                                                                  
                                                                                                                                
I am grateful to both of these gentlemen for their willingness to serve                                                         
the State and for demonstrating integrity throughout the process. I am                                                          
confident they will continue to work to make their community and                                                                
state a better place.                                                                                                           
                                                                                                                                
I remain committed to filling this seat with a well qualified individual                                                        
able to represent the entire district. Due to the importance of filling                                                         
this Senate seat without additional delay, I am now taking a step to                                                            
expedite this process.                                                                                                          
                                                                                                                                
Therefore, I hereby forward you the following three qualified                                                                   
candidates: Mr. Tim Grussendorf, Mr. Joseph G. Nelson and Mr. Alan                                                              
D. Wilson. Please confirm one of them to fill the vacant senate seat B.                                                         
Each of the three are qualified Juneau Democrats, willing and able to                                                           
serve the citizens of senate district B.                                                                                        
                                                                                                                                
Two of these names have already been discussed. The third, Mr. Alan                                                             
Wilson, has been a resident of Juneau for more than 10 years. He is a                                                           
successful small businessman and is active in the community. He is                                                              
involved with the Affordable Housing Commission and serves as co-                                                               
chair of the Cold Climate Housing Research Center.                                                                              
                                                                                                                                
Each of these individuals are committed to responsible development of                                                           
our resources, job creation and growth of private sector opportunities.                                                         
Thank you for your consideration of these fine individuals.                                                                     
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor                                                                                                                        
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0960
                           Messages from the House                                                                           
                                                                                                                                
SB 142                                                                                                                        
Message dated April 14 was read stating the House passed and                                                                    
returned:                                                                                                                       
                                                                                                                                
          SENATE BILL NO. 142 "An Act authorizing the                                                                           
          conveyance of certain land of the Alaska Railroad                                                                     
          Corporation to the Department of Transportation and                                                                   
           Public Facilities; and providing for an effective date."                                                            
                                                                                                                                
The bill was referred to the Secretary for enrollment.                                                                          
                                                                                                                                
HB 81                                                                                                                         
Message dated April 15 was read stating the House has adopted the                                                               
report of the Conference Committee with limited powers of free                                                                  
conference considering SENATE CS FOR CS FOR HOUSE BILL                                                                          
NO. 81(FIN) am S and CS FOR HOUSE BILL NO. 81(FIN) am(brf                                                                       
sup maj fld), and failed Sec. 27(d), (e), (f), and (g) of the                                                                   
Constitutional Budget Reserve Fund thus adopting:                                                                               
                                                                                                                                
CONFERENCE CS FOR HOUSE BILL NO. 81(brf sup maj pfld H)                                                                         
"An Act making appropriations for the operating and loan program                                                                
expenses of state government, for certain programs, and to capitalize                                                           
funds; making supplemental appropriations; making reappropriations;                                                             
making appropriations under art. IX, sec. 17(c), Constitution of the                                                            
State of Alaska; and providing for an effective date."                                                                          
                                                                                                                                
HB 83                                                                                                                         
Message dated April 15 was read stating the House has adopted the                                                               
report of the Conference Committee with limited powers of free                                                                  
conference considering SENATE CS FOR CS FOR HOUSE BILL                                                                          
NO. 83(FIN) and CS FOR HOUSE BILL NO. 83(FIN), thus adopting:                                                                   
                                                                                                                                
CONFERENCE CS FOR HOUSE BILL NO. 83 "An Act making                                                                              
appropriations for the operating and capital expenses of the state's                                                            
integrated comprehensive mental health program; and providing for an                                                            
effective date."                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0961
Messages dated April 14 were read stating the House passed and                                                                  
transmitted for consideration:                                                                                                  
                                                                                                                                
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 106                                                                                                                        
CS FOR HOUSE BILL NO. 106(STA)(title am) BY THE HOUSE                                                                           
STATE AFFAIRS COMMITTEE, entitled:                                                                                              
                                                                                                                                
          "An Act relating to grants to nonprofit regional                                                                      
          corporations, and, in certain situations, to                                                                          
          municipalities with populations of less than 10,000,                                                                  
          for village public safety officers in rural areas;                                                                    
          defining 'rural area' for the purpose of the village                                                                  
          public safety officer program; and authorizing                                                                        
          municipalities to accept grants under, and contract                                                                   
          with respect to, the village public safety officer                                                                    
          program."                                                                                                             
                                                                                                                                
was read the first time and referred to the State Affairs and Finance                                                           
Committees.                                                                                                                     
                                                                                                                                
HB 141                                                                                                                        
HOUSE BILL NO. 141 BY REPRESENTATIVE COGHILL, entitled:                                                                         
                                                                                                                                
          "An Act relating to the Interstate Compact for                                                                        
          Juveniles; relating to the State Council for Interstate                                                               
          Adult and Juvenile Offender Supervision; amending                                                                     
          Rules 4 and 24(b), Alaska Rules of Civil Procedure;                                                                   
          and providing for an effective date."                                                                                 
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 12                                                                                                                         
The Labor and Commerce Committee considered SENATE BILL NO.                                                                     
12 "An Act relating to limitations on mandatory overtime for                                                                    
registered nurses and licensed practical nurses in health care facilities;                                                      
and providing for an effective date" and recommended it be replaced                                                             
with                                                                                                                            
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0962
          CS FOR SENATE BILL NO. 12(L&C)                                                                                        
                                                                                                                                
Signing do pass: Senator Paskvan, Chair; Senators Thomas, Davis.                                                                
Signing no recommendation: Senators Meyer, Bunde.                                                                               
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Health and Social Services                                                              
 Fiscal Note No. 2, zero, Department of Health and Social Services                                                              
 Fiscal Note No. 3, zero, Department of Corrections                                                                             
 Fiscal Note No. 4, Department of Labor and Workforce                                                                           
      Development                                                                                                               
     Fiscal Note No. 5, zero, Department of Health and Social Services                                                          
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
SB 126                                                                                                                        
The Labor and Commerce Committee considered SENATE BILL NO.                                                                     
126 "An Act amending the State Personnel Act to place in the exempt                                                             
service the chief economist and state comptroller in the Department of                                                          
Revenue and certain professional positions concerning oil and gas                                                               
within the Department of Natural Resources; relating to reemployment                                                            
of and benefits for or on behalf of reemployed retired teachers and                                                             
public employees by providing for an effective date by amending the                                                             
delayed effective date for secs. 3, 5, 9, and 12, ch. 57, SLA 2001 and                                                          
sec. 19, ch. 50, SLA 2005; and providing for an effective date" and                                                             
recommended the adoption of the State Affairs Committee Substitute                                                              
offered on page 759. Signing do pass: Senator Paskvan, Chair;                                                                   
Senators Meyer, Thomas, Bunde, Davis.                                                                                           
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Natural Resources                                                                       
 Fiscal Note No. 2, zero, Department of Administration                                                                          
 Fiscal Note No. 4, indeterminate, Department of Revenue                                                                        
                                                                                                                                
The bill was referred to the Finance Committee.                                                                                 
                                                                                                                                
HB 93                                                                                                                         
The Labor and Commerce Committee considered HOUSE BILL NO.                                                                      
93 "An Act relating to unwanted telephone solicitations on a cellular                                                           
or mobile telephone and making those calls to cellular or mobile                                                                

2009-04-15                     Senate Journal                      Page 0963
telephones registered with the national do not call registry violations                                                         
of the Alaska Unfair Trade Practices and Consumer Protection Act."                                                              
Signing do pass: Senator Paskvan, Chair; Senators Meyer, Thomas,                                                                
Bunde, Davis.                                                                                                                   
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Law                                                                                     
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 101                                                                                                                        
The Labor and Commerce Committee considered CS FOR HOUSE                                                                        
BILL NO. 101(JUD) "An Act exempting the full value of life                                                                      
insurance and annuity contracts from levy to satisfy a debt, and                                                                
amending the description of earnings, income, cash, and other assets                                                            
relating to garnishment of life insurance proceeds payable upon the                                                             
death of an insured." Signing do pass: Senator Paskvan, Chair;                                                                  
Senators Meyer, Thomas, Davis. Signing no recommendation: Senator                                                               
Bunde.                                                                                                                          
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, House Labor and Commerce Committee                                                                    
                                                                                                                                
The bill was referred to the Judiciary Committee.                                                                               
                                                                                                                                
HB 102                                                                                                                        
The Labor and Commerce Committee considered CS FOR HOUSE                                                                        
BILL NO. 102(JUD) "An Act relating to the Uniform Commercial                                                                    
Code, to the general provisions of the Uniform Commercial Code, to                                                              
documents of title under the Uniform Commercial Code, to the                                                                    
Uniform Electronic Transactions Act, to lease-purchases of personal                                                             
property, to the contractual duty to act fairly and in good faith, and to                                                       
carrier, warehouse, and animal care liens; amending Rules 403 and                                                               
902, Alaska Rules of Evidence; and providing for an effective date."                                                            
Signing do pass: Senator Paskvan, Chair; Senators Meyer, Thomas,                                                                
Davis. Signing no recommendation: Senator Bunde.                                                                                
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Commerce, Community                                                                     
      and Economic Development                                                                                                  

2009-04-15                     Senate Journal                      Page 0964
The bill was referred to the Judiciary Committee.                                                                               
                                                                                                                                
HB 199                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL NO.                                                                          
199(FIN) am "An Act making appropriations, including supplemental                                                               
appropriations and capital appropriations; amending appropriations;                                                             
and providing for an effective date" and recommended it be replaced                                                             
with                                                                                                                            
                                                                                                                                
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                                                       
          199(FIN)                                                                                                              
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators                                                                  
Huggins, Thomas, Olson, Ellis.                                                                                                  
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 215                                                                                                                        
The Education Committee considered CS FOR HOUSE BILL NO.                                                                        
215(EDC) "An Act repealing school experience for salary scales                                                                  
provisions." Signing do pass: Senator Davis, Vice Chair. Signing no                                                             
recommendation: Senators Olson, Stevens, Huggins.                                                                               
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Education and Early                                                                     
      Development                                                                                                               
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                                                                                                                                
                          Special Committee Reports                                                                          
                                                                                                                                
HB 81                                                                                                                         
The following report was received and distributed at 1:20 p.m.,                                                                 
April 14:                                                                                                                       
                                                                                                                                
                                                               April 14, 2009                                                   
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    

2009-04-15                     Senate Journal                      Page 0965
The Conference Committee with limited powers of free conference                                                                 
considered SENATE CS FOR CS FOR HOUSE BILL NO. 81(FIN)                                                                          
am S and CS FOR HOUSE BILL NO. 81(FIN) am(brf sup maj fld)                                                                      
and recommends                                                                                                                  
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 81 "An                                                                               
          Act making appropriations for the operating and loan                                                                  
          program expenses of state government, for certain                                                                     
          programs, and to capitalize funds; making                                                                             
          supplemental            appropriations;            making                                                             
          reappropriations; making appropriations under art.                                                                    
          IX, sec. 17(c), Constitution of the State of Alaska;                                                                  
          and providing for an effective date."                                                                                 
                                                                                                                                
be adopted.                                                                                                                     
                                                                                                                                
Signing the report: Senator Hoffman, Chair, Senators Stedman,                                                                   
Thomas; Representative Hawker, Chair, Representatives Stoltze,                                                                  
Crawford.                                                                                                                       
                                                                                                                                
President Stevens stated the report would be held on the Secretary's                                                            
desk. Without objection, it was so ordered.                                                                                     
                                                                                                                                
HB 83                                                                                                                         
The following report was received and distributed at 1:20 p.m.,                                                                 
April 14:                                                                                                                       
                                                                                                                                
                                                               April 14, 2009                                                   
                                                                                                                                
Mr. President:                                                                                                                  
Mr. Speaker:                                                                                                                    
                                                                                                                                
The Conference Committee with limited powers of free conference                                                                 
considered SENATE CS FOR CS FOR HOUSE BILL NO. 83(FIN)                                                                          
and CS FOR HOUSE BILL NO. 83(FIN) and recommends                                                                                
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 83 "An                                                                               
          Act making appropriations for the operating and                                                                       
          capital expenses of the state's integrated                                                                            
          comprehensive mental health program; and providing                                                                    
          for an effective date"                                                                                                
                                                                                                                                
be adopted.                                                                                                                     

2009-04-15                     Senate Journal                      Page 0966
Signing the report: Senator Hoffman, Chair, Senators Stedman,                                                                   
Thomas; Representative Hawker, Chair, Representatives Stoltze,                                                                  
Crawford.                                                                                                                       
                                                                                                                                
President Stevens stated the report would be held on the Secretary's                                                            
desk. Without objection, it was so ordered.                                                                                     
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SR 8                                                                                                                          
SENATE RESOLUTION NO. 8 BY SENATOR MCGUIRE,                                                                                     
                                                                                                                                
          Reaffirming support for the environmentally                                                                           
          responsible development of the Kensington Gold                                                                        
          Mine; and urging the governor to encourage and                                                                        
          facilitate the prompt continuation or reinstatement,                                                                  
          reactivation, and period extension of permits                                                                         
          authorizing the construction and operation of the                                                                     
          Kensington Gold Mine upon a decision by the United                                                                    
          States Supreme Court in favor of the Kensington                                                                       
          Gold Mine.                                                                                                            
                                                                                                                                
was read the first time and referred to the Resources Committee.                                                                
                                                                                                                                
                                                                                                                                
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 192                                                                                                                        
SENATE BILL NO. 192 BY SENATOR MCGUIRE, entitled:                                                                               
                                                                                                                                
          "An Act relating to the tax applicable to the                                                                         
          production of natural gas used in the state as fuel or                                                                
             feedstock in producing a manufactured end product."                                                               
                                                                                                                                
was read the first time and referred to the Senate Special Committee                                                            
on Energy and Resources Committee.                                                                                              
                                                                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0967
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of Senate Bills                                                                       
                                                                                                                                
SB 51                                                                                                                         
SENATE BILL NO. 51 "An Act relating to the installation of window                                                               
tinting in automobiles" was read the second time.                                                                               
                                                                                                                                
Senator Kookesh, Chair, moved and asked unanimous consent for the                                                               
adoption of the Transportation Committee Substitute offered on page                                                             
447. Without objection, CS FOR SENATE BILL NO. 51(TRA) 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. 51(TRA) was read the third time.                                                                         
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 51(TRA)                                                                       
"An Act relating to the installation of window tinting in automobiles"                                                          
pass the Senate?" The roll was taken with the following result:                                                                 
                                                                                                                                
CSSB 51(TRA)                                                                                                                    
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Ellis, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Meyer, Paskvan, Stedman, Stevens, Wagoner,                                                                             
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Dyson, Menard, Olson, Therriault, Thomas                                                                                 
                                                                                                                                
and so, CS FOR SENATE BILL NO. 51(TRA) passed the Senate and                                                                    
was referred to the Secretary for engrossment.                                                                                  
                                                                                                                                
SB 133                                                                                                                        
SENATE BILL NO. 133 "An Act creating a statewide electronic                                                                     
health information exchange system; and providing for an effective                                                              
date" was read the second time.                                                                                                 
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0968
Senator Stedman, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Finance Committee Substitute offered on page 918.                                                           
Without objection, CS FOR SENATE BILL NO. 133(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. 133(FIN) was read the third time.                                                                        
                                                                                                                                
Senators Therriault, Wagoner, Dyson, Ellis moved and asked                                                                      
unanimous consent to be shown as cosponsors on the bill. Without                                                                
objection, it was so ordered.                                                                                                   
                                                                                                                                
The question being: "Shall CS FOR SENATE BILL NO. 133(FIN)                                                                      
"An Act creating a statewide electronic health information exchange                                                             
system; and providing for an effective date" pass the Senate?" The roll                                                         
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 133(FIN)                                                                                                                   
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
and so, CS FOR SENATE BILL NO. 133(FIN) passed the Senate.                                                                      
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the effective date clause.                                                        
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment.                                                                                                      
                                                                                                                                
SB 177                                                                                                                        
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" was read the second time.                                                                      

2009-04-15                     Senate Journal                      Page 0969
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. 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" 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. 177(FIN) was read the third time.                                                                        
                                                                                                                                
The question being: "Shall 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" pass the Senate?" The roll was taken                                                           
with the following result:                                                                                                      
                                                                                                                                
CSSB 177(FIN)                                                                                                                   
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  18   NAYS:  1   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
Nays:  Therriault                                                                                                               
                                                                                                                                
and so, CS FOR SENATE BILL NO. 177(FIN) passed the Senate.                                                                      
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the effective date clause.                                                        
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment.                                                                                                      
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0970
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 156                                                                                                                        
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" was read the second time.                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
advanced to third reading and placed on final passage. Without                                                                  
objection, it was so ordered.                                                                                                   
                                                                                                                                
HOUSE BILL NO. 156 was read the third time.                                                                                     
                                                                                                                                
The question being: "Shall 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" pass the Senate?"                                                          
The roll was taken with the following result:                                                                                   
                                                                                                                                
HB 156                                                                                                                          
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
and so, HOUSE BILL NO. 156 passed the Senate, was signed by the                                                                 
President and Secretary and returned to the House.                                                                              
                                                                                                                                
                                                                                                                                
                     Second Reading of Senate Resolutions                                                                    
                                                                                                                                
SJR 2                                                                                                                         
SENATE JOINT RESOLUTION NO. 2 Urging the United States                                                                          
Congress to establish a federal program to rebuild student access to                                                            
public higher education in Alaska and elsewhere and to appropriate                                                              
sufficient funding for that purpose, was read the second time.                                                                  
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0971
Senator Ellis moved and asked unanimous consent that the resolution                                                             
be considered engrossed, advanced to third reading and placed on final                                                          
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE JOINT RESOLUTION NO. 2 was read the third time.                                                                          
                                                                                                                                
The question being: "Shall SENATE JOINT RESOLUTION NO. 2                                                                        
Urging the United States Congress to establish a federal program to                                                             
rebuild student access to public higher education in Alaska and                                                                 
elsewhere and to appropriate sufficient funding for that purpose, pass                                                          
the Senate?" The roll was taken with the following result:                                                                      
                                                                                                                                
SJR 2                                                                                                                           
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
and so, SENATE JOINT RESOLUTION NO. 2 passed the Senate and                                                                     
was referred to the Secretary for engrossment.                                                                                  
                                                                                                                                
                                                                                                                                
                     Second Reading of House Resolutions                                                                     
                                                                                                                                
HJR 31                                                                                                                        
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, was read the second time.                                                                                   
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the resolution                                                             
be advanced to third reading and placed on final passage. Without                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
CS FOR HOUSE JOINT RESOLUTION NO. 31(MLV) was read the                                                                          
third time.                                                                                                                     
                                                                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0972
The question being: "Shall 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, pass the Senate?" The                                                             
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHJR 31(MLV)                                                                                                                   
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
and so, CS FOR HOUSE JOINT RESOLUTION NO. 31(MLV)                                                                               
passed the Senate, was signed by the President and Secretary and                                                                
returned to the House.                                                                                                          
                                                                                                                                
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - The Retirement of Fairbanks North Star Borough Mayor                                                                 
N. Jim Whitaker                                                                                                                 
Representative(s) Kawasaki                                                                                                      
Senator(s) Paskvan, Stevens, Bunde, Davis, Dyson, Ellis, French,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Stedman, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
Commemorating - Law Enforcement Memorial Day May 8, 2009                                                                        
Representative(s) Chenault                                                                                                      
Senator(s) Wagoner, Stevens, Bunde, Davis, Dyson, Ellis, French,                                                                
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Therriault, Thomas, Wielechowski                                                                              
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the citations be                                                           
adopted. Without objection, the citations were adopted and referred to                                                          
the Secretary for transmittal.                                                                                                  
                                                                                                                                
Senator Ellis moved and asked unanimous consent for the adoption of                                                             
the first supplemental calendar. Without objection, it was so ordered.                                                          
                                                                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0973
               Consideration of the First Supplemental Calendar                                                              
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 199                                                                                                                        
CS FOR HOUSE BILL NO. 199(FIN) am "An Act making                                                                                
appropriations, including supplemental appropriations and capital                                                               
appropriations; amending appropriations; 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 Senate Committee Substitute offered on                                                              
page 964. Without objection, SENATE CS FOR CS FOR HOUSE                                                                         
BILL NO. 199(FIN) was adopted.                                                                                                  
                                                                                                                                
Senator Therriault offered Amendment No. 1 :                                                                                     
                                                                                                                                
Page 16, lines 27 - 31:                                                                                                         
     Delete all material and insert:                                                                                            
            "(9)  before federal stimulus funds are disbursed by the                                                            
state, each department, agency, school district, or other person                                                                
receiving federal stimulus money through the state acknowledge to the                                                           
governor, in writing, that the funding is intended as a one-time funding                                                        
supplement, and receipt of the federal stimulus money should not                                                                
create an expectation that the services provided by the federal stimulus                                                        
money will continue to be funded by the legislature."                                                                           
                                                                                                                                
Senator Therriault moved for the adoption of Amendment No. 1.                                                                   
Senator Ellis objected.                                                                                                         
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 199(FIN)                                                                                                               
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  4   NAYS:  15   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Dyson, Therriault, Wagoner                                                                                        
                                                                                                                                
Nays:  Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire,                                                                
Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas,                                                                        
Wielechowski                                                                                                                    

2009-04-15                     Senate Journal                      Page 0974
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the bill be                                                                
considered engrossed, advanced to third reading and placed on final                                                             
passage. Without objection, it was so ordered.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 199(FIN) was read the                                                                       
third time.                                                                                                                     
                                                                                                                                
President Stevens cautioned members to proceed in order.                                                                        
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 199(FIN) "An Act making appropriations, including supplemental                                                              
appropriations and capital appropriations; amending appropriations;                                                             
and providing for an effective date" pass the Senate?" The roll was                                                             
taken with the following result:                                                                                                
                                                                                                                                
SCS CSHB 199(FIN)                                                                                                               
Third Reading - Final Passage                                                                                                   
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  15   NAYS:  4   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire,                                                                
Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas,                                                                        
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner                                                                                        
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 199(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.                                                                                   
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0975
                             Unfinished Business                                                                             
                                                                                                                                
HB 81                                                                                                                         
Senator Ellis moved and asked unanimous consent to take up the                                                                  
Conference Committee Report on CONFERENCE CS FOR HOUSE                                                                          
BILL NO. 81 "An Act making appropriations for the operating and                                                                 
loan program expenses of state government, for certain programs, and                                                            
to capitalize funds; making supplemental appropriations; making                                                                 
reappropriations; making appropriations under art. IX, sec. 17(c),                                                              
Constitution of the State of Alaska; and providing for an effective                                                             
date" which had been held on the Secretary's desk (page 964). Without                                                           
objection, it was so ordered.                                                                                                   
                                                                                                                                
Senator Ellis moved that the Senate adopt the Conference Committee                                                              
Report on CONFERENCE CS FOR HOUSE BILL NO. 81.                                                                                  
                                                                                                                                
Senator Ellis called the Senate. The call was satisfied.                                                                        
                                                                                                                                
The question being: "Shall the Senate adopt the Conference                                                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 81                                                                         
"An Act making appropriations for the operating and loan program                                                                
expenses of state government, for certain programs, and to capitalize                                                           
funds; making supplemental appropriations; making reappropriations;                                                             
making appropriations under art. IX, sec. 17(c), Constitution of the                                                            
State of Alaska; and providing for an effective date"?" The roll was                                                            
taken with the following result:                                                                                                
                                                                                                                                
CCS HB 81                                                                                                                       
Shall the Senate Adopt the Conference Committee                                                                                 
Report?     Effective Dates                                                                                                     
                                                                                                                                
YEAS:  15   NAYS:  4   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire,                                                                
Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas,                                                                        
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner                                                                                        
                                                                                                                                
and so, the report was adopted, thus adopting:                                                                                  
                                                                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0976
       CONFERENCE CS FOR HOUSE BILL NO. 81 "An Act                                                                              
       making appropriations for the operating and loan                                                                         
       program expenses of state government, for certain                                                                        
       programs, and to capitalize funds; making supplemental                                                                   
       appropriations; making reappropriations; making                                                                          
       appropriations under art. IX, sec. 17(c), Constitution of                                                                
       the State of Alaska; and providing for an effective date."                                                               
                                                                                                                                
Senator Ellis moved for the adoption of the constitutional budget                                                               
reserve fund section.                                                                                                           
                                                                                                                                
The question being: "Shall the constitutional budget reserve fund                                                               
section (Article IX, Section 17(c) Constitution of the State of Alaska)                                                         
be adopted?" The roll was taken with the following result:                                                                      
                                                                                                                                
CCS HB 81                                                                                                                       
Adopt Constitutional Budget Reserve                                                                                             
Fund Section?                                                                                                                   
                                                                                                                                
YEAS:  15   NAYS:  4   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire,                                                                
Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas,                                                                        
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner                                                                                        
                                                                                                                                
and so, the constitutional budget reserve fund section was adopted.                                                             
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the effective date clauses.                                                       
Without objection, it was so ordered.                                                                                           
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
HB 83                                                                                                                         
Senator Ellis moved and asked unanimous consent to take up the                                                                  
Conference Committee Report on CONFERENCE CS FOR HOUSE                                                                          
BILL NO. 83 "An Act making appropriations for the operating and                                                                 
capital expenses of the state's integrated comprehensive mental health                                                          
program; and providing for an effective date" which had been held on                                                            
the Secretary's desk (page 965). Without objection, it was so ordered.                                                          

2009-04-15                     Senate Journal                      Page 0977
Senator Ellis moved that the Senate adopt the Conference Committee                                                              
Report on CONFERENCE CS FOR HOUSE BILL NO. 83.                                                                                  
                                                                                                                                
The question being: "Shall the Senate adopt the Conference                                                                      
Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 83                                                                         
"An Act making appropriations for the operating and capital expenses                                                            
of the state's integrated comprehensive mental health program; and                                                              
providing for an effective date"?" The roll was taken with the                                                                  
following result:                                                                                                               
                                                                                                                                
CCS HB 83                                                                                                                       
Shall the Senate Adopt the Conference                                                                                           
Committee Report?    Effective Date                                                                                             
                                                                                                                                
YEAS:  17   NAYS:  2   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Ellis, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Therriault, Thomas, Wielechowski                                                                                                
                                                                                                                                
Nays:  Dyson, Wagoner                                                                                                           
                                                                                                                                
and so, the report was adopted, thus adopting:                                                                                  
                                                                                                                                
          CONFERENCE CS FOR HOUSE BILL NO. 83 "An                                                                               
          Act making appropriations for the operating and                                                                       
          capital expenses of the state's integrated                                                                            
          comprehensive mental health program; and providing                                                                    
          for an effective date."                                                                                               
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
adoption of the Conference Committee Report be considered the vote                                                              
on the effective date clause. Without objection, it was so ordered.                                                             
                                                                                                                                
The Secretary was requested to notify the House.                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
return to Messages from the House. Without objection, the Senate                                                                
returned to:                                                                                                                    
                                                                                                                                
                           Messages from the House                                                                           
                                                                                                                                
Message dated April 15 was read stating the House passed and                                                                    
transmitted for consideration:                                                                                                  

2009-04-15                     Senate Journal                      Page 0978
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 221                                                                                                                        
CS FOR HOUSE BILL NO. 221(L&C) BY THE HOUSE LABOR                                                                               
AND COMMERCE COMMITTEE, entitled:                                                                                               
                                                                                                                                
          "An Act relating to the state's participation in the                                                                  
          federal Nationwide Mortgage Licensing System and                                                                      
          Registry, and to mortgage lending regulation and                                                                      
          licensing; and providing for an effective date."                                                                      
                                                                                                                                
was read the first time and referred to the Finance Committee.                                                                  
                                                                                                                                
                                                                                                                                
                       Unfinished Business (continued)                                                                       
                                                                                                                                
                       Reconsideration of Senate Bills                                                                       
                                                                                                                                
SB 171                                                                                                                        
Senator Wagoner requested that the reconsideration on 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" be taken up. The                                                          
bill was before the Senate on reconsideration.                                                                                  
                                                                                                                                
Senator Wagoner moved that the bill be returned to second reading for                                                           
the purpose of a specific amendment, that being Amendment No. 1.                                                                
Without objection, the bill was returned to second reading.                                                                     
                                                                                                                                
Senator Wagoner offered Amendment No. 1 :                                                                                        
                                                                                                                                
Page 2, line 7:                                                                                                                 
     Delete all material.                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Sec. 2. The uncodified law of the State of Alaska is amended by                                                            
adding a new section to read:                                                                                                   
     APPLICABILITY. Notwithstanding the permanent fund dividend                                                                 
application deadline in AS 43.23.005(h), as amended by sec. 1 of this                                                           
Act, an application by the personal representative or the successor for                                                         
a 2009 permanent fund dividend may be filed at any time before the                                                              

2009-04-15                     Senate Journal                      Page 0979
end of the application period for the 2011 permanent fund dividend if                                                           
the personal representative or the successor qualifies to apply for the                                                         
2009 dividend because of the amendment to AS 43.23.005(h) made by                                                               
sec. 1 of this Act.                                                                                                             
 * Sec. 3. Section 1 of this Act is retroactive to January 1, 2009.                                                           
 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c)."                                                          
                                                                                                                                
Senator Wagoner moved for the adoption of Amendment No. 1.                                                                      
Objections were heard.                                                                                                          
                                                                                                                                
Senator Stedman declared a conflict of interest.                                                                                
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 171(FIN)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  3   NAYS:  16   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Therriault, Wagoner                                                                                               
                                                                                                                                
Nays:  Davis, Dyson, Ellis, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Thomas, Wielechowski                                                                                                            
                                                                                                                                
Olson changed from "Yea" to "Nay".                                                                                              
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
CS FOR SENATE BILL NO. 171(FIN) was automatically in third                                                                      
reading on reconsideration.                                                                                                     
                                                                                                                                
The question to be reconsidered: "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:                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0980
CSSB 171(FIN)                                                                                                                   
Third Reading - On Reconsideration                                                                                              
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Therriault, Thomas, Wagoner, Wielechowski                                                                              
                                                                                                                                
and so, CS FOR SENATE BILL NO. 171(FIN) passed the Senate on                                                                    
reconsideration.                                                                                                                
                                                                                                                                
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.                                                                                                      
                                                                                                                                
SJR 22                                                                                                                        
Senators Therriault, Dyson moved and asked unanimous consent to be                                                              
shown as cosponsors on SENATE JOINT RESOLUTION NO. 22                                                                           
Opposing litigation that seeks to eliminate the Kenai, Kasilof, and                                                             
Chitina sockeye salmon personal use dip net fisheries; and requesting                                                           
the governor to re-examine the disproportional influence of the                                                                 
commercial fisheries industries on fisheries management in the state.                                                           
Without objection, it was so ordered.                                                                                           
                                                                                                                                
HCR 2                                                                                                                         
President Stevens stated CS FOR HOUSE CONCURRENT                                                                                
RESOLUTION NO. 2(RES) am Requesting the governor to provide                                                                     
energy security for all Alaskans first by pursuing 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, would be returned to the Finance Committee.                                                            
Without objection, the resolution was returned to the Finance                                                                   
Committee.                                                                                                                      
                                                                                                                                
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0981
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                        Reconsideration of House Bills                                                                       
                                                                                                                                
HB 199                                                                                                                        
Senator Stedman moved and asked unanimous consent that the                                                                      
reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO.                                                                          
199(FIN) "An Act making appropriations, including supplemental                                                                  
appropriations and capital appropriations; amending appropriations;                                                             
and providing for an effective date" be taken up on the same day                                                                
(page 974).                                                                                                                     
                                                                                                                                
Senator Therriault objected.                                                                                                    
                                                                                                                                
The question being: "Shall the reconsideration be taken up the same                                                             
day?" The roll was taken with the following result:                                                                             
                                                                                                                                
SCS CSHB 199(FIN)                                                                                                               
Take up Reconsideration Same Day?                                                                                               
                                                                                                                                
YEAS:  15   NAYS:  4   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire,                                                                
Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas,                                                                        
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner                                                                                        
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 199(FIN) was                                                                        
before the Senate on reconsideration.                                                                                           
                                                                                                                                
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                                                    
HOUSE BILL NO. 199(FIN) "An Act making appropriations,                                                                          
including supplemental appropriations and capital appropriations;                                                               
amending appropriations; and providing for an effective date" pass the                                                          
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0982
SCS CSHB 199(FIN)                                                                                                               
Third Reading - On Reconsideration                                                                                              
Effective Date                                                                                                                  
                                                                                                                                
YEAS:  15   NAYS:  4   EXCUSED:  0   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire,                                                                
Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas,                                                                        
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Bunde, Dyson, Therriault, Wagoner                                                                                        
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 199(FIN)                                                                            
passed the Senate on reconsideration.                                                                                           
                                                                                                                                
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.                                                                                                      
                                                                                                                                
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
SB 51                                                                                                                         
CS FOR SENATE BILL NO. 51(TRA) "An Act relating to the                                                                          
installation of window tinting in automobiles" was engrossed, signed                                                            
by the President and Secretary and transmitted to the House for                                                                 
consideration.                                                                                                                  
                                                                                                                                
SB 133                                                                                                                        
CS FOR SENATE BILL NO. 133(FIN) "An Act creating a statewide                                                                    
electronic health information exchange system; and providing for an                                                             
effective date" was engrossed, signed by the President and Secretary                                                            
and transmitted to the House for consideration.                                                                                 
                                                                                                                                
SB 171                                                                                                                        
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" was                                                            
engrossed, signed by the President and Secretary and transmitted to                                                             
the House for consideration.                                                                                                    
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0983
SB 177                                                                                                                        
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" was engrossed, signed by the President and Secretary and                                                                  
transmitted to the House for consideration.                                                                                     
                                                                                                                                
HB 199                                                                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 199(FIN) "An Act                                                                            
making appropriations, including supplemental appropriations and                                                                
capital appropriations; amending appropriations; and providing for an                                                           
effective date" was engrossed and signed by the President and                                                                   
Secretary.                                                                                                                      
                                                                                                                                
SJR 2                                                                                                                         
SENATE JOINT RESOLUTION NO. 2 Urging the United States                                                                          
Congress to establish a federal program to rebuild student access to                                                            
public higher education in Alaska and elsewhere and to appropriate                                                              
sufficient funding for that purpose, was engrossed, signed by the                                                               
President and Secretary and transmitted to the House for                                                                        
consideration.                                                                                                                  
                                                                                                                                
                                                                                                                                
                                 Adjournment                                                                                 
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the Senate                                                                 
stand in adjournment until 10:45 a.m., April 16, 2009. Without                                                                  
objection, the Senate adjourned at 3:29 p.m.                                                                                    
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0984
                                Announcements                                                                                
                                                                                                                                
Americans with Disabilities Act Notice - Persons with disabilities who require                                                  
special accommodation or alternative communication formats to access                                                            
committee meetings may contact the appropriate committee office or the                                                          
Legislative Information Office in their community. Reasonable advance                                                           
notice is needed to accommodate the request. For further information, call the                                                  
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                                                 
                                                                                                                                
                             STANDING COMMITTEES                                                                             
+ indicates teleconference                                                                                                      
= indicates bill previously heard/scheduled                                                                                     
                                                                                                                                
                         COMMUNITY & REGIONAL AFFAIRS                                                                        
                                                                                                                                
Apr 16        Thursday                              Beltz 211         3:30 PM                                                 
+ HB  98 ALCOHOL: MINOR CONSUMING/LOCAL OPTION                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  EDUCATION                                                                                  
                                                                                                                                
Apr 15        Wednesday                             Beltz 211         8:00 AM                                                 
+ HB 215 TEACHERS' SALARIES: SCHOOL EXPERIENCE                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
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                                                                                  
                                                                                                                                
Apr 16        Thursday                  Senate Finance 532            9:00 AM                                                 
+= SB  10 MEDICAID/INS FOR CANCER CLINICAL TRIALS                                                                               
+= HB 134 CRUISE SHIP WASTEWATER DISCHARGE PERMITS                                                                              
+= HB  26 MEDICAID FOR ADULT DENTAL SERVICES                                                                                    
+ HB 121 MUNICIPAL AIR QUALITY PROPERTY TAX CREDIT                                                                              
+= HB 221 MORTGAGE LENDING REGULATION                                                                                           
+= HB 109 EDUC. LOANS: SUPPLEMENTAL & FAMILY                                                                                    
+= HB 172 STATE INVESTMENT IN EDUCATION FUND                                                                                    
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                

2009-04-15                     Senate Journal                      Page 0985
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Apr 15        Wednesday                       Butrovich 205           1:30 PM                                                 
              -- Delayed to a Call of the Chair --                                                                              
+ SB 179 PARENTAL NOTICE OF MINOR'S ABORTION                                                                                    
+ HB  35 NOTICE & CONSENT FOR MINOR'S ABORTION                                                                                  
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 17        Friday                          Butrovich 205           1:30 PM                                                 
+ SB 172 ALASKA HEALTH CARE COMMISSION                                                                                          
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  JUDICIARY                                                                                  
                                                                                                                                
Apr 15        Wednesday                       Butrovich 205           5:30 PM                                                 
              -- Please Note Time & Location Change --                                                                          
+= 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 16        Thursday                              Beltz 211         1:00 PM                                                 
              -- Time Change --                                                                                                 
+= SB  60 UNIFORM PROBATE CODE; TRUSTS, WILLS                                                                                   
+ HB 108 PROP. FORECLOSURE/EXECUTION/TRUST DEEDS                                                                                
+ HB 177 MARINE & MOTORIZED RECREATIONAL PRODUCTS                                                                               
+ HB 175 INSURANCE                                                                                                              
              <Pending Referral>                                                                                                
+             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                                                                                  

2009-04-15                     Senate Journal                      Page 0986
                            RESOURCES (continued)                                                                            
                                                                                                                                
Apr 17        Friday                          Butrovich 205           3:30 PM                                                 
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                STATE AFFAIRS                                                                                
                                                                                                                                
Apr 16        Thursday                        Butrovich 205           9:00 AM                                                 
              -- Location Change --                                                                                             
+ SB 189 CONCEALED WEAPON: PARDONS/SIS                                                                                          
+ HB  19 ELIMINATE DAYLIGHT SAVING TIME                                                                                         
                   ----------------------------------------                                                                    
                                                                                                                                
                            CONFERENCE COMMITTEES                                                                            
                                                                                                                                
                    CONFERENCE COMMITTEE ON HB 81 & HB 83                                                                    
                                                                                                                                
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