Legislature(2009 - 2010)

2009-04-17 Senate Journal

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2009-04-17                     Senate Journal                      Page 1011
                                                                                                                                
                                SENATE JOURNAL                                                                               
                                                                                                                                
                           ALASKA STATE LEGISLATURE                                                                          
                                                                                                                                
                           TWENTY-SIXTH LEGISLATURE                                                                          
                                                                                                                                
                                FIRST SESSION                                                                                
                                                                                                                                
Juneau, Alaska                      Friday                    April 17, 2009                                                  
                                                                                                                                
                              Eighty-eighth Day                                                                              
                                                                                                                                
                                                                                                                                
                                                                                                                                
Pursuant to adjournment the Senate was called to order by President                                                             
Stevens at 11:01 a.m.                                                                                                           
                                                                                                                                
The roll showed fourteen members present. Senators Bunde, McGuire,                                                              
Stedman, Therriault, Wielechowski were absent. The seat from                                                                    
District B was vacant.                                                                                                          
                                                                                                                                
The prayer was offered by the Chaplain, Senator Wagoner. Senator                                                                
Hoffman moved and asked unanimous consent that the prayer be                                                                    
spread. Without objection, it was so ordered.                                                                                   
                                                                                                                                
          God of power and might, wisdom and justice.                                                                           
                                                                                                                                
             Through you authority is rightly administered, laws                                                               
          are enacted, and judgment is decreed.                                                                                 
                                                                                                                                
               Assist us today with your spirit of counsel and                                                                 
          fortitude.                                                                                                            
                                                                                                                                
                May we always seek the ways of righteousness,                                                                  
          justice and mercy.                                                                                                    
                                                                                                                                
             Lord, grant that we may be enabled by your powerful                                                               
       protection. In Jesus' name,                                Amen.                                                        
                                                                                                                                
Senator Meyer led the Senate in the Pledge of Allegiance.                                                                       
                                                                                                                                
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1012
                                Certification                                                                                
                                                                                                                                
Senator Ellis moved and asked unanimous consent that the journal for                                                            
the eighty-seventh legislative day and Senate and House Joint Journal                                                           
Supplement No. 6 be approved as certified by the Secretary. Without                                                             
objection, it was so ordered.                                                                                                   
                                                                                                                                
The presence of Senator McGuire was noted.                                                                                      
                                                                                                                                
                                                                                                                                
                          Messages from the Governor                                                                         
                                                                                                                                
The following letter dated April 15 was received in the Office of the                                                           
Secretary of the Senate on April 17:                                                                                            
                                                                                                                                
Dear Senator Stevens:                                                                                                           
                                                                                                                                
This letter is to eliminate confusion expressed by some in the Senate                                                           
and confirm the intent of my April 14, 2009 letter of appointment. I                                                            
listed three candidates assuming you would take their names in order.                                                           
                                                                                                                                
In accordance with Alaska Statute 15.40.350, I appoint Mr. Tim                                                                  
Grussendorf to the vacant seat for Senate District B.                                                                           
                                                                                                                                
As explained in yesterday's letter, due to the importance of filling this                                                       
seat without additional delay, I am taking a further step to expedite                                                           
this process in the event the Senate Democrats fail to reach the                                                                
required level of support for Mr. Grussendorf by providing a second                                                             
and third nomination for consideration.                                                                                         
                                                                                                                                
If Mr. Grussendorf is not confirmed, I appoint Mr. Joseph G. Nelson                                                             
to the vacant seat for Senate District B.                                                                                       
                                                                                                                                
If Mr. Nelson is not confirmed, I appoint Mr. Alan Wilson to the                                                                
vacant seat for Senate District B.                                                                                              
                                                                                                                                
Please act swiftly.                                                                                                             
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sarah Palin                                                                                                                     
Governor                                                                                                                        

2009-04-17                     Senate Journal                      Page 1013
                           Messages from the House                                                                           
                                                                                                                                
HJR 9                                                                                                                         
Message dated April 16 was read stating the House concurred in the                                                              
Senate amendment to HOUSE JOINT RESOLUTION NO. 9, thus                                                                          
adopting:                                                                                                                       
                                                                                                                                
          SENATE CS FOR HOUSE JOINT RESOLUTION                                                                                  
          NO. 9(TRA) Designating the Alaska Aviation                                                                            
          Heritage Museum located at 4721 Aircraft Drive in                                                                     
          Anchorage as the official headquarters for the State                                                                  
          of Alaska's Centennial of Flight Celebration.                                                                         
                                                                                                                                
The presence of Senator Wielechowski was noted.                                                                                 
                                                                                                                                
SJR 10                                                                                                                        
Message dated April 16 was read stating the House passed and                                                                    
returned:                                                                                                                       
                                                                                                                                
          SENATE JOINT RESOLUTION NO. 10 Urging the                                                                             
          United States Congress to adopt S. 371, the                                                                           
          Respecting States Rights and Concealed Carry                                                                          
          Reciprocity Act of 2009.                                                                                              
                                                                                                                                
The resolution was referred to the Secretary for enrollment.                                                                    
                                                                                                                                
Message dated April 16 was read stating the House passed and                                                                    
transmitted for consideration:                                                                                                  
                                                                                                                                
                        First Reading and Reference of                                                                       
                              House Resolutions                                                                              
                                                                                                                                
HCR 1                                                                                                                         
CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(L&C) BY                                                                                
THE HOUSE LABOR AND COMMERCE COMMITTEE,                                                                                         
                                                                                                                                
          Encouraging the voluntary installation of fire                                                                        
          sprinkler systems in residences.                                                                                      
                                                                                                                                
was read the first time and held on the Secretary's desk.                                                                       

2009-04-17                     Senate Journal                      Page 1014
                  First Reading and Reference of House Bills                                                                 
                                                                                                                                
HB 24                                                                                                                         
CS FOR HOUSE BILL NO. 24(MLV) BY THE HOUSE SPECIAL                                                                              
COMMITTEE ON MILITARY AND VETERANS' AFFAIRS,                                                                                    
entitled:                                                                                                                       
                                                                                                                                
             "An Act relating to a public procurement preference                                                               
          for Alaska veterans."                                                                                                 
                                                                                                                                
was read the first time and referred to the State Affairs Committee.                                                            
                                                                                                                                
HB 186                                                                                                                        
CS FOR HOUSE BILL NO. 186(FIN) am BY THE HOUSE                                                                                  
FINANCE COMMITTEE, entitled:                                                                                                    
                                                                                                                                
                 "An Act declaring that certain firearms and                                                                   
          accessories are exempt from federal regulation."                                                                      
                                                                                                                                
was read the first time and referred to the Judiciary and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The presence of Senator Stedman was noted.                                                                                      
                                                                                                                                
                                                                                                                                
                          Standing Committee Reports                                                                         
                                                                                                                                
SB 60                                                                                                                         
The Labor and Commerce Committee considered SENATE BILL NO.                                                                     
60 "An Act relating to the Uniform Probate Code, including wills,                                                               
trusts, nonprobate transfers, augmented estates, personal                                                                       
representatives, and trustees; and amending Rules 3 and 8, Alaska                                                               
Rules of Civil Procedure, Rule 1, Alaska Rules of Probate Procedure,                                                            
and Rule 37.5, Alaska Rules of Administration" and recommended it                                                               
be replaced with                                                                                                                
                                                                                                                                
          CS FOR SENATE BILL NO. 60(L&C)                                                                                        
                                                                                                                                
Signing amend: Senator Paskvan, Chair; Senator Bunde. Signing do                                                                
pass: Senator Thomas. Signing no recommendation: Senators Meyer,                                                                
Davis.                                                                                                                          

2009-04-17                     Senate Journal                      Page 1015
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Law                                                                                     
                                                                                                                                
The bill was referred to the Judiciary Committee.                                                                               
                                                                                                                                
HB 63                                                                                                                         
The Finance Committee considered CS FOR HOUSE BILL NO.                                                                          
63(FIN) "An Act relating to the Council on Domestic Violence and                                                                
Sexual Assault" and recommended it be replaced with                                                                             
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                                                   
          63(FIN) "An Act relating to the Council on Domestic                                                                   
          Violence and Sexual Assault; and providing for an                                                                     
          effective date."                                                                                                      
          (technical title change)                                                                                              
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators                                                                  
Thomas, Ellis. Signing no recommendation: Senator Olson.                                                                        
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Corrections                                                                             
 Fiscal Note No. 2, Department of Public Safety                                                                                 
 Fiscal Note No. 3, zero, Department of Health and Social Services                                                              
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 78                                                                                                                         
The Finance Committee considered HOUSE BILL NO. 78 "An Act                                                                      
extending the termination date of the Board of Public Accountancy;                                                              
and providing for an effective date." Signing do pass: Senators                                                                 
Hoffman, Stedman, Cochairs; Senators Thomas, Ellis. Signing no                                                                  
recommendation: Senator Olson.                                                                                                  
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, Department of Commerce, Community and                                                                       
      Economic Development                                                                                                      
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
The presence of Senator Bunde was noted.                                                                                        

2009-04-17                     Senate Journal                      Page 1016
HB 98                                                                                                                         
The Community and Regional Affairs Committee considered CS FOR                                                                  
HOUSE BILL NO. 98(FIN) am "An Act relating to minor consuming                                                                   
and repeat minor consuming; relating to penalties for violations of                                                             
limitations on possessing, sending, shipping, transporting, or bringing                                                         
alcoholic beverages to, soliciting or receiving orders for delivery of                                                          
alcoholic beverages to, and the manufacture, sale, offer for sale, barter,                                                      
traffic, or possession of alcoholic beverages in, a local option area; and                                                      
providing for an effective date." Signing no recommendation: Senator                                                            
Olson, Chair; Senator French. Signing do pass: Senator Menard.                                                                  
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 4, indeterminate, Department of Corrections                                                                    
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Alaska Court System                                                                                   
 Fiscal Note No. 2, zero, Department of Law                                                                                     
 Fiscal Note No. 3, zero, Department of Public Safety                                                                           
                                                                                                                                
President Stevens added a Finance Committee referral to the bill.                                                               
                                                                                                                                
The bill was referred to the Judiciary, then Finance Committees.                                                                
                                                                                                                                
HB 108                                                                                                                        
The Labor and Commerce Committee considered CS FOR HOUSE                                                                        
BILL NO. 108(JUD) am "An Act relating to real property                                                                          
foreclosures, to the sale of property on execution, and to deeds of                                                             
trust" and recommended it be replaced with                                                                                      
                                                                                                                                
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                                                       
          108(L&C)                                                                                                              
                                                                                                                                
Signing amend: Senator Paskvan, Chair; Senators Meyer, Thomas,                                                                  
Bunde. Signing no recommendation: Senator Davis.                                                                                
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Revenue                                                                                 
                                                                                                                                
The bill was referred to the Judiciary Committee.                                                                               
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1017
HB 123                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL NO.                                                                          
123(FIN) am "An Act relating to the membership and voting                                                                       
privileges of members of the Statewide Suicide Prevention Council;                                                              
extending the termination date of the Statewide Suicide Prevention                                                              
Council; and providing for an effective date." Signing do pass:                                                                 
Senators Hoffman, Stedman, Cochairs; Senators Huggins, Thomas,                                                                  
Ellis. Signing no recommendation: Senator Olson.                                                                                
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, Department of Health and Social Services                                                                    
 Fiscal Note No. 2, Department of Health and Social Services                                                                    
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 175                                                                                                                        
The Labor and Commerce Committee considered CS FOR HOUSE                                                                        
BILL NO. 175(L&C) "An Act relating to insurance, including treating                                                             
as confidential certain information submitted to the director of                                                                
insurance by the National Association of Insurance Commissioners;                                                               
clarifying conditions for the release of insurer deposits; defining travel                                                      
insurance that may be sold under a travel insurance limited producer                                                            
license; establishing criteria for licensing of nonresident independent                                                         
adjusters as resident adjusters; exempting rewards under a wellness                                                             
program from treatment as insurance discrimination or rebating;                                                                 
making certain insurance required of the Comprehensive Health                                                                   
Insurance Association permissive rather than mandatory; making                                                                  
certain provisions relating to statements on applications and                                                                   
guaranteed renewability for individual health insurance applicable to                                                           
hospital and medical service corporations; making public certain forms                                                          
and related documents filed for approval by a hospital or medical                                                               
service corporation after the filing becomes effective; relating to                                                             
deposits of self- funded multiple employer welfare arrangements;                                                                
repealing reasons that the director of insurance may use to deny or                                                             
revoke a license; and providing for an effective date." Signing do pass:                                                        
Senator Paskvan, Chair; Senators Meyer, Thomas, Davis.                                                                          
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Commerce, Community                                                                     
      and Economic Development                                                                                                  

2009-04-17                     Senate Journal                      Page 1018
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
HB 177                                                                                                                        
The Labor and Commerce Committee considered CS FOR HOUSE                                                                        
BILL NO. 177(L&C) "An Act relating to marine products and                                                                       
motorized recreational products; and providing for an effective date"                                                           
and recommended it be replaced with                                                                                             
                                                                                                                                
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                                                   
          177(L&C) "An Act relating to marine products and                                                                      
          motorized recreational products; amending Rule 3,                                                                     
          Alaska Rules of Civil Procedure; and providing for                                                                    
          an effective date."                                                                                                   
          (technical title change)                                                                                              
                                                                                                                                
Signing do pass: Senator Paskvan, Chair; Senators Meyer, Thomas,                                                                
Bunde. Signing no recommendation: Senator Davis.                                                                                
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Law                                                                                     
                                                                                                                                
The bill is on today's calendar.                                                                                                
                                                                                                                                
HB 221                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL NO.                                                                          
221(L&C) "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." Signing do pass: Senators Hoffman, Stedman,                                                                    
Cochairs; Senators Thomas, Ellis. Signing no recommendation:                                                                    
Senator Olson.                                                                                                                  
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, Department of Commerce, Community and                                                                       
      Economic Development                                                                                                      
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1019
HB 222                                                                                                                        
The Labor and Commerce Committee considered HOUSE BILL NO.                                                                      
222(title am) "An Act prohibiting discrimination by health care                                                                 
insurers based on genetic information; providing special enrollment                                                             
requirements related to Medicaid and state child health plan coverage;                                                          
requiring a health care insurer to offer coverage for the treatment of                                                          
alcoholism or drug abuse; providing continuity of coverage for college                                                          
students during medically necessary leaves of absence from college;                                                             
requiring health care insurers in the group market to provide parity in                                                         
the application of mental health and substance abuse benefits that                                                              
comply with federal requirements; amending the definition of 'dentist'                                                          
to include out-of-state dentists for purposes of certain dental insurance                                                       
requirements; and providing for an effective date." Signing do pass:                                                            
Senator Paskvan, Chair; Senators Meyer, Thomas, Davis.                                                                          
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Commerce, Community                                                                     
      and Economic Development                                                                                                  
 Fiscal Note No. 4, zero, Department of Health and Social Services                                                              
 Fiscal Note No. 5, zero, Department of Health and Social Services                                                              
                                                                                                                                
The bill was referred to the Rules Committee.                                                                                   
                                                                                                                                
                                                                                                                                
                        Introduction and Reference of                                                                        
                              Senate Resolutions                                                                             
                                                                                                                                
SCR 8                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 8 BY THE SENATE                                                                                
FINANCE COMMITTEE,                                                                                                              
                                                                                                                                
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                                                         
          Uniform Rules of the Alaska State Legislature,                                                                        
          concerning House Bill No. 172, relating to an                                                                         
          investment in the education loan fund; relating to                                                                    
          authority for the commissioner of revenue to enter                                                                    
          into a bond purchase agreement and letter of credit                                                                   
          with the Alaska Student Loan Corporation.                                                                             
                                                                                                                                
was read the first time and held on the Secretary's desk.                                                                       

2009-04-17                     Senate Journal                      Page 1020
                  Introduction and Reference of Senate Bills                                                                 
                                                                                                                                
SB 193                                                                                                                        
SENATE BILL NO. 193 BY THE SENATE LABOR AND                                                                                     
COMMERCE COMMITTEE, entitled:                                                                                                   
                                                                                                                                
               "An Act relating to licensure as an optometrist;                                                                
            establishing a retired status optometrist license; and                                                             
          providing for an effective date."                                                                                     
                                                                                                                                
was read the first time and referred to the Health and Social Services                                                          
and Labor and Commerce Committees.                                                                                              
                                                                                                                                
SB 194                                                                                                                        
SENATE BILL NO. 194 BY SENATOR MEYER, entitled:                                                                                 
                                                                                                                                
            "An Act relating to civil damages for certain alcohol                                                              
          violations."                                                                                                          
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
                                                                                                                                
                        Consideration of the Calendar                                                                        
                                                                                                                                
                        Second Reading of House Bills                                                                        
                                                                                                                                
HB 49                                                                                                                         
CS FOR HOUSE BILL NO. 49(JUD) am "An Act relating to the                                                                        
prohibition of the exercise of the power of eminent domain against a                                                            
recreational structure for the purposes of developing a recreational                                                            
facility or project" 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.                                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 49(JUD) am was read the third time.                                                                       
                                                                                                                                
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1021
The question being: "Shall CS FOR HOUSE BILL NO. 49(JUD) am                                                                     
"An Act relating to the prohibition of the exercise of the power of                                                             
eminent domain against a recreational structure for the purposes of                                                             
developing a recreational facility or project" pass the Senate?" The roll                                                       
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 49(JUD) am                                                                                                                 
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  1  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Dyson, Ellis, French, Hoffman, Huggins,                                                                    
Kookesh, McGuire, Menard, Meyer, Olson, Paskvan, Stedman,                                                                       
Stevens, Thomas, Wagoner, Wielechowski                                                                                          
                                                                                                                                
Absent:  Therriault                                                                                                             
                                                                                                                                
and so, CS FOR HOUSE BILL NO. 49(JUD) am passed the Senate,                                                                     
was signed by the President and Secretary and returned to the House.                                                            
                                                                                                                                
HB 109                                                                                                                        
HOUSE BILL NO. 109 "An Act relating to eligibility for the Alaska                                                               
supplemental education loan program and to the interest rate for a loan                                                         
made under the Alaska family education loan program; and providing                                                              
for an effective date" 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. 109 was read the third time.                                                                                     
                                                                                                                                
The presence of Senator Therriault was noted.                                                                                   
                                                                                                                                
HB 109                                                                                                                        
The question being: "Shall HOUSE BILL NO. 109 "An Act relating to                                                               
eligibility for the Alaska supplemental education loan program and to                                                           
the interest rate for a loan made under the Alaska family education                                                             
loan program; and providing for an effective date" pass the Senate?"                                                            
The roll was taken with the following result:                                                                                   
                                                                                                                                
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1022
HB 109                                                                                                                          
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, HOUSE BILL NO. 109 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 signed by the                                                             
President and Secretary and returned to the House.                                                                              
                                                                                                                                
HB 170                                                                                                                        
HOUSE BILL NO. 170 "An Act repealing the authority for day fines"                                                               
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. 170 was read the third time.                                                                                     
                                                                                                                                
The question being: "Shall HOUSE BILL NO. 170 "An Act repealing                                                                 
the authority for day fines" pass the Senate?" The roll was taken with                                                          
the following result:                                                                                                           
                                                                                                                                
HB 170                                                                                                                          
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. 170 passed the Senate, was signed by the                                                                 
President and Secretary and returned to the House.                                                                              
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1023
HB 172                                                                                                                        
CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to an                                                                           
investment in the education loan fund; relating to authority for the                                                            
commissioner of revenue to enter into a bond purchase agreement and                                                             
letter of credit with the Alaska Student Loan Corporation; 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 996. Without objection, SENATE CS FOR CS FOR HOUSE                                                                         
BILL NO. 172(FIN) "An Act relating to an investment in the                                                                      
education loan fund; relating to authority for the commissioner of                                                              
revenue to enter into a bond purchase agreement and letter of credit                                                            
with the Alaska Student Loan Corporation; relating to a proposal for a                                                          
program under which the state repays loans to students for costs of                                                             
postsecondary education; and providing for an effective date" (Title                                                            
Change SCR 8) 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.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) was read the                                                                       
third time.                                                                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 172(FIN) "An Act relating to an investment in the education loan                                                            
fund; relating to authority for the commissioner of revenue to enter                                                            
into a bond purchase agreement and letter of credit with the Alaska                                                             
Student Loan Corporation; relating to a proposal for a program under                                                            
which the state repays loans to students for costs of postsecondary                                                             
education; and providing for an effective date" pass the Senate?" The                                                           
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS CSHB 172(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                                                                              

2009-04-17                     Senate Journal                      Page 1024
                                                                                                                                
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 172(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.                                                                                                      
                                                                                                                                
SCR 8                                                                                                                         
Senator Ellis moved and asked unanimous consent that SENATE                                                                     
CONCURRENT RESOLUTION NO. 8 be taken up. Without                                                                                
objection, the resolution was read the second time and was before the                                                           
Senate on final passage.                                                                                                        
                                                                                                                                
The question being: "Shall SENATE CONCURRENT RESOLUTION                                                                         
NO. 8 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of                                                            
the Alaska State Legislature, concerning House Bill No. 172, relating                                                           
to an investment in the education loan fund; relating to authority for                                                          
the commissioner of revenue to enter into a bond purchase agreement                                                             
and letter of credit with the Alaska Student Loan Corporation, pass the                                                         
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
SCR 8                                                                                                                           
Second 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 CONCURRENT RESOLUTION NO. 8 passed the                                                                           
Senate and was referred to the Secretary for engrossment.                                                                       
                                                                                                                                
HB 177                                                                                                                        
CS FOR HOUSE BILL NO. 177(L&C) "An Act relating to marine                                                                       
products and motorized recreational products; and providing for an                                                              
effective date" was read the second time.                                                                                       
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1025
Senator Paskvan, Chair, moved and asked unanimous consent for the                                                               
adoption of the Labor and Commerce Senate Committee Substitute                                                                  
offered on page 1018. Without objection, SENATE CS FOR CS FOR                                                                   
HOUSE BILL NO. 177(L&C) "An Act relating to marine products                                                                     
and motorized recreational products; amending Rule 3, Alaska Rules                                                              
of Civil Procedure; and providing for an effective date" (technical title                                                       
change) 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.                                                                                  
                                                                                                                                
SENATE CS FOR CS FOR HOUSE BILL NO. 177(L&C) was read                                                                           
the third time.                                                                                                                 
                                                                                                                                
Senators McGuire, Meyer, Paskvan, Wielechowski, Menard, Bunde,                                                                  
Therriault, Thomas, Wagoner, Dyson, French, Stevens, Stedman,                                                                   
Huggins moved and asked unanimous consent to be shown as cross                                                                  
sponsors on the bill. Without objection, it was so ordered.                                                                     
                                                                                                                                
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                                                      
NO. 177(L&C) "An Act relating to marine products and motorized                                                                  
recreational products; amending Rule 3, Alaska Rules of Civil                                                                   
Procedure; and providing for an effective date" pass the Senate?" The                                                           
roll was taken with the following result:                                                                                       
                                                                                                                                
SCS CSHB 177(L&C)                                                                                                               
Third Reading - Final Passage                                                                                                   
Effective Date               Court Rule Change                                                                                  
                                                                                                                                
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 CS FOR CS FOR HOUSE BILL NO. 177(L&C)                                                                            
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.                                                                                           

2009-04-17                     Senate Journal                      Page 1026
Senator Ellis moved and asked unanimous consent that the vote on the                                                            
passage of the bill be considered the vote on the Court Rule change.                                                            
Without objection, it was so ordered and the bill was referred to the                                                           
Secretary for engrossment.                                                                                                      
                                                                                                                                
                                                                                                                                
                     Second Reading of Senate Resolutions                                                                    
                                                                                                                                
SJR 22                                                                                                                        
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, was read the second                                                            
time.                                                                                                                           
                                                                                                                                
Senator McGuire, Cochair, moved and asked unanimous consent for                                                                 
the adoption of the Resources Committee Substitute offered on page                                                              
997. Without objection, CS FOR SENATE JOINT RESOLUTION                                                                          
NO. 22(RES) Opposing litigation that seeks to eliminate the Kenai,                                                              
Kasilof, and Chitina sockeye salmon personal use dip net fisheries,                                                             
was adopted.                                                                                                                    
                                                                                                                                
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.                                                                                  
                                                                                                                                
CS FOR SENATE JOINT RESOLUTION NO. 22(RES) was read the                                                                         
third time.                                                                                                                     
                                                                                                                                
Senators Paskvan, McGuire, Meyer, Davis, Bunde moved and asked                                                                  
unanimous consent to be shown as cosponsors on the resolution.                                                                  
Without objection, it was so ordered.                                                                                           
                                                                                                                                
Senators Menard, Dyson moved and asked unanimous consent to be                                                                  
withdrawn as cosponsors on the resolution. Without objection, it was                                                            
so ordered.                                                                                                                     
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1027
The question being: "Shall CS FOR SENATE JOINT RESOLUTION                                                                       
NO. 22(RES) Opposing litigation that seeks to eliminate the Kenai,                                                              
Kasilof, and Chitina sockeye salmon personal use dip net fisheries,                                                             
pass the Senate?" The roll was taken with the following result:                                                                 
                                                                                                                                
CSSJR 22(RES)                                                                                                                   
Third Reading - Final Passage                                                                                                   
                                                                                                                                
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, CS FOR SENATE JOINT RESOLUTION NO. 22(RES)                                                                              
passed the Senate and was referred to the Secretary for engrossment.                                                            
                                                                                                                                
SR 8                                                                                                                          
SENATE RESOLUTION NO. 8 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 second time and was                                                             
before the Senate on final passage.                                                                                             
                                                                                                                                
Senators Wagoner, Therriault, Bunde, Dyson offered Amendment                                                                    
No. 1 :                                                                                                                          
                                                                                                                                
Page 3, line 28, following "manner":                                                                                            
 Insert "; and be it                                                                                                            
 FURTHER RESOLVED that the Senate supports the immediate                                                                      
14-mile extension of Glacier Highway to provide safe and reliable                                                               
access to the Kensington Gold Mine for Kensington Gold Mine                                                                     
employees and others"                                                                                                           
                                                                                                                                
Senator Wagoner 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:                                                                                            

2009-04-17                     Senate Journal                      Page 1028
                                                                                                                                
SR 8                                                                                                                            
Second Reading - Final Passage                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  3   NAYS:  15   EXCUSED:  0   ABSENT:  1  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Therriault, Wagoner                                                                                               
                                                                                                                                
Nays:  Davis, Ellis, French, Hoffman, Huggins, Kookesh, McGuire,                                                                
Menard, Meyer, Olson, Paskvan, Stedman, Stevens, Thomas,                                                                        
Wielechowski                                                                                                                    
                                                                                                                                
Absent:  Dyson                                                                                                                  
                                                                                                                                
and so, Amendment No. 1 failed.                                                                                                 
                                                                                                                                
The question being: "Shall SENATE RESOLUTION NO. 8                                                                              
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, pass the                                                             
Senate?" The roll was taken with the following result:                                                                          
                                                                                                                                
SR 8                                                                                                                            
Second Reading - Final Passage                                                                                                  
                                                                                                                                
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  1  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Ellis, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Menard, Meyer, Olson, Paskvan, Stedman, Stevens,                                                                       
Therriault, Thomas, Wagoner, Wielechowski                                                                                       
                                                                                                                                
Absent:  Dyson                                                                                                                  
                                                                                                                                
and so, SENATE RESOLUTION NO. 8 passed the Senate and was                                                                       
referred to the Secretary for engrossment and enrollment.                                                                       
                                                                                                                                
                                                                                                                                
                     Second Reading of House Resolutions                                                                     
                                                                                                                                
HJR 25                                                                                                                        
CS FOR HOUSE JOINT RESOLUTION NO. 25(ENE) am Urging the                                                                         
United States Congress to classify hydroelectric power as a renewable                                                           
and alternative energy source, was read the second time.                                                                        

2009-04-17                     Senate Journal                      Page 1029
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. 25(ENE) am was read                                                                           
the third time.                                                                                                                 
                                                                                                                                
Senators McGuire, Stedman, Meyer, Ellis, Paskvan, Wielechowski,                                                                 
Menard, Kookesh, French, Davis, Thomas, Therriault, Wagoner,                                                                    
Stevens moved and asked unanimous consent to be shown as cross                                                                  
sponsors on the resolution. Without objection, it was so ordered.                                                               
                                                                                                                                
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                                                        
NO. 25(ENE) am Urging the United States Congress to classify                                                                    
hydroelectric power as a renewable and alternative energy source, pass                                                          
the Senate?" The roll was taken with the following result:                                                                      
                                                                                                                                
CSHJR 25(ENE) am                                                                                                                
Third Reading - Final Passage                                                                                                   
                                                                                                                                
YEAS:  17   NAYS:  0   EXCUSED:  0   ABSENT:  2  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Bunde, Davis, Ellis, French, Hoffman, Huggins, Kookesh,                                                                  
McGuire, Menard, Meyer, Olson, Stedman, Stevens, Therriault,                                                                    
Thomas, Wagoner, Wielechowski                                                                                                   
                                                                                                                                
Absent:  Dyson, Paskvan                                                                                                         
                                                                                                                                
and so, CS FOR HOUSE JOINT RESOLUTION NO. 25(ENE) am                                                                            
passed the Senate.                                                                                                              
                                                                                                                                
Senator Therriault gave notice of reconsideration.                                                                              
                                                                                                                                
                                                                                                                                
                                  Citations                                                                                  
                                                                                                                                
Honoring - Senator Gary Wilken                                                                                                  
Senator(s) Therriault, Stevens, Bunde, Davis, Dyson, Ellis, French,                                                             
Hoffman, Huggins, Kookesh, McGuire, Menard, Meyer, Olson,                                                                       
Paskvan, Stedman, Thomas, Wagoner, Wielechowski                                                                                 
Representative(s) Kawasaki                                                                                                      
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1030
Honoring - Carol Joyce                                                                                                          
Representative(s) Chenault                                                                                                      
Senator(s) Wagoner, Stevens, Bunde, Davis, Dyson, Ellis, 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.                                                                                                  
                                                                                                                                
                                                                                                                                
                             Unfinished Business                                                                             
                                                                                                                                
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" which had been engrossed and signed by the President                                                            
and Secretary (page 983), was returned to the House for consideration.                                                          
                                                                                                                                
                                                                                                                                
                                Announcements                                                                                
                                                                                                                                
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                                                           
in effect.                                                                                                                      
                                                                                                                                
Announcements are at the end of the journal.                                                                                    
                                                                                                                                
                                                                                                                                
                                 Engrossment                                                                                 
                                                                                                                                
HB 172                                                                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) "An Act                                                                            
relating to an investment in the education loan fund; relating to                                                               
authority for the commissioner of revenue to enter into a bond                                                                  
purchase agreement and letter of credit with the Alaska Student Loan                                                            
Corporation; relating to a proposal for a program under which the state                                                         
repays loans to students for costs of postsecondary education; and                                                              
providing for an effective date" was engrossed, signed by the President                                                         
and Secretary and returned to the House for consideration.                                                                      

2009-04-17                     Senate Journal                      Page 1031
HB 177                                                                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 177(L&C) "An Act                                                                            
relating to marine products and motorized recreational products;                                                                
amending Rule 3, Alaska Rules of Civil Procedure; and providing for                                                             
an effective date" was engrossed, signed by the President and                                                                   
Secretary and returned to the House for consideration.                                                                          
                                                                                                                                
SJR 22                                                                                                                        
CS FOR SENATE JOINT RESOLUTION NO. 22(RES) Opposing                                                                             
litigation that seeks to eliminate the Kenai, Kasilof, and Chitina                                                              
sockeye salmon personal use dip net fisheries, was engrossed, signed                                                            
by the President and Secretary and transmitted to the House for                                                                 
consideration.                                                                                                                  
                                                                                                                                
SCR 8                                                                                                                         
SENATE CONCURRENT RESOLUTION NO. 8 Suspending Rules                                                                             
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                                                  
Legislature, concerning House Bill No. 172, relating to an investment                                                           
in the education loan fund; relating to authority for the commissioner                                                          
of revenue to enter into a bond purchase agreement and letter of credit                                                         
with the Alaska Student Loan Corporation, 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 1:00 p.m., April 18, 2009. Without                                                                   
objection, the Senate adjourned at 12:31 p.m.                                                                                   
                                                                                                                                
                                                                Kirsten Waid                                                    
                                                     Secretary of the Senate                                                    
                                                                                                                                
                                                                                                                                

2009-04-17                     Senate Journal                      Page 1032
                                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                                                                                     
                                                                                                                                
                                   FINANCE                                                                                   
                                                                                                                                
Apr 17        Friday                      Senate Finance 532           9:00 AM                                                
+= HB 113 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                             
+= HB 121 MUNICIPAL AIR QUALITY PROPERTY TAX CREDIT                                                                             
+= HB 221 MORTGAGE LENDING REGULATION                                                                                           
+ HB  63 COUNCIL DOMESTIC VIOLENCE: MEMBERS, STAFF                                                                              
+ HB 123 SUICIDE PREVENTION COUNCIL                                                                                             
+ HB  78 EXTEND BOARD OF PUBLIC ACCOUNTANCY                                                                                     
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 18        Saturday                    Senate Finance 532           9:00 AM                                                
+= HB 113 SUPPLEMENTAL/CAPITAL/OTHER APPROPRIATIONS                                                                             
+ HB 105 STEP PROGRAM                                                                                                           
+ HB 141 COMPACT FOR JUVENILES; INTERSTATE COUNCIL                                                                              
+= HB 121 MUNICIPAL AIR QUALITY PROPERTY TAX CREDIT                                                                             
+ HB 106 VILLAGE PUBLIC SAFETY OFFICERS                                                                                         
+ SB 108 STAMPEDE STATE RECREATION AREA                                                                                         
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                           HEALTH & SOCIAL SERVICES                                                                          
                                                                                                                                
Apr 17        Friday                            Butrovich 205          1:30 PM                                                
+= HB  35 NOTICE & CONSENT FOR MINOR'S ABORTION                                                                                 
+ SB 172 ALASKA HEALTH CARE COMMISSION                                                                                          
+             Bills Previously Heard/Scheduled                                                                                  
                                                                                                                                
Apr 18        Saturday                          Butrovich 205         10:00 AM                                                
+= HB  35 NOTICE & CONSENT FOR MINOR'S ABORTION                                                                                 
+= SB 172 ALASKA HEALTH CARE COMMISSION                                                                                         
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    

2009-04-17                     Senate Journal                      Page 1033
                                  JUDICIARY                                                                                  
                                                                                                                                
Apr 17        Friday                                 Beltz 211         1:30 PM                                                
+ HB 101 EXEMPTIONS: LIFE INSURANCE; ANNUITIES                                                                                  
+ HB 102 UNIFORM COMMERCIAL CODE                                                                                                
+ HB 129 POWER TO REVOKE REAL ESTATE LICENSES                                                                                   
+ HB 201 CONCEALED HANDGUN PERMITS                                                                                              
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                  RESOURCES                                                                                  
                                                                                                                                
Apr 17        Friday                            Butrovich 205          3:30 PM                                                
+             Bills Previously Heard/Scheduled                                                                                  
                   ----------------------------------------                                                                    
                                                                                                                                
                                OTHER MEETINGS                                                                               
                                                                                                                                
                       JOINT LEGISLATIVE HEALTH CAUCUS                                                                       
                                                                                                                                
May 13        Wednesday                   Anch Lio Conf Rm            12:30 PM                                                
              Week of the Uninsured