Legislature(2005 - 2006)
2006-01-11 Senate Journal
Full Journal pdf2006-01-11 Senate Journal Page 1861 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday January 11, 2006 Third Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:06 a.m. The roll showed nineteen members present. Senator Therriault was absent. The prayer was offered by the Chaplain, The Reverend George Silides of the Holy Trinity Episcopal Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. With the deepest respect for the religious beliefs of each person here, I invite you into a time of prayerful reflection. What power and grace and wisdom we possess, let us remember is not entirely by virtue of our own strength, but depends also upon the circumstances of our birth, the gift of family and friends and those who for a time stood against us, testing our best interests against their own. As we begin another year, we look with humility upon the task that is laid before us; to grow further still by every means in honesty, in fair-dealing, in wisdom, in grace and accountability upon which our fellow citizens and our common future so much depend. To the task of leadership to which this House is called, give a special blessing, O Lord; that zeal and patience might grow together, and bind persons and parties in a common mission to serve best those who have the 2006-01-11 Senate Journal Page 1862 least. May each of us who have been given a public place, whose ways and manner of life; our conversations and decision, are an example to the young, be ever mindful of this gift and duty, that we might call by our work in this hour others in their own day to offer themselves to this service. Amen. Senator Davis led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the second legislative day and Senate and House Joint Journal Supplement No. 9 be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Therriault was noted. Introduction of Senate Floor Staff Senator Elton introduced Senate Page Linda Bruce of Juneau. Senator Stedman introduced Senate Sergeant at Arms, Gary Stambaugh, of Juneau. Senator Seekins introduced Senate Page Amanda Green of Juneau. Senator Wagoner introduced Senate Page Kelcy Burford of Soldotna. Senator Cowdery introduced Josh Tempel of Anchorage. Senator Therriault introduced Senate Page Jared Seay of North Pole. Senator Ellis introduced Assistant Senate Sergeant at Arms, Erik Olmsted of Juneau. Senator Olson introduced Senate Page Ramsey Foster of Nome. 2006-01-11 Senate Journal Page 1863 Messages from the Governor Letter dated and received January 9 was read, stating in accordance with Article III Section 25 of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions set out below: Commissioner - Department of Commerce, Community and Economic Development William Noll Appointed: 7/28/2005 The appointment was referred to the Labor and Commerce Committee. Commissioner - Department of Health and Social Services Karleen Jackson Appointed: 10/1/2005 The appointment was referred to the Health, Education and Social Services Committee. Commissioner - Department of Administration Scott Nordstrand Appointed: 10/3/2005 The appointment was referred to the State Affairs Committee. Commissioner - Department of Natural Resources Michael Menge Appointed: 10/27/2005 The appointment was referred to the Resources Committee. In accordance with AS 44.19.040 and article III, section 13 of the Alaska Constitution, I submit the following name for legislative confirmation of the appointment set out below: Lieutenant Governor Designee William A. Corbus The appointment was referred to the State Affairs Committee. 2006-01-11 Senate Journal Page 1864 In accordance with Alaska Statute 39.05.080, I submit the following names for legislative confirmation of appointment to the boards and commissions set out below: Alaska State Board of Public Accountancy Johnny Floyd - Anchorage Appointed: 12/16/2005 Term Expires: 3/1/2007 Daniel J. Rozema - Anchorage Appointed: 10/18/2005 Term Expires: 3/1/2007 Elaine R. Williamson - Fairbanks Appointed: 10/18/2005 Term Expires: 3/1/2009 Alcoholic Beverage Control Board Shirley A. Gifford - Soldotna Appointed: 10/11/2005 Term Expires: 3/1/2007 State Board of Registration for Architects, Engineers, and Land Surveyors Terry Gorlick - Anchorage Appointed: 12/15/2005 Reappointed: 3/1/2006 Term Expires: 3/1/2010 Burdett B. Lent - Wasilla Appointed: 12/15/2005 Term Expires: 6/30/2009 Daniel E. Walsh - Fairbanks Appointed: 12/15/2005 Term Expires: 3/1/2008 Board of Chiropractic Examiners Dr. Gregory M. Culbert - Eagle River Reappointed: 7/25/2005 Term Expires: 3/1/2009 Dr. Rosemary E. Zimmerman - Girdwood Appointed: 7/25/2005 Term Expires: 3/1/2009 Alaska Labor Relations Agency Matthew R. McSorley - Anchorage Appointed: 12/15/2005 Reappointed: 3/1/2006 Term Expires: 3/1/2009 2006-01-11 Senate Journal Page 1865 Board of Certified Real Estate Appraisers Steve MacSwain - Anchorage Reappointed: 12/15/2005 Term Expires: 3/10/2010 Richard (Butch) D. Olmstead - Ketchikan Appointed: 12/15/2005 Term Expires: 3/1/2009 Real Estate Commission Timothy J. Worthen - Anchorage Appointed: 8/22/2005 Term Expires: 3/1/2008 Workers' Compensation Appeals Commission John Giuchici - Fairbanks Appointed: 11/18/2005 Term Expires: 3/1/2008 Kristin S. Knudsen - Anchorage Appointed: 11/18/2005 Term Expires: 3/1/2010 Jim E. Robison - Eagle River Appointed: 11/18/2005 Term Expires: 3/1/2006 Marc D. Stemp - Bethel Appointed: 11/18/2005 Term Expires: 3/1/2007 Philip E. Ulmer - Eagle River Appointed: 11/18/2005 Term Expires: 3/1/2009 Alaska Workers' Compensation Board Raymond (Scott) S. Bridges - Eagle River Appointed: 9/27/2005 Term Expires: 3/1/2008 Stephen T. Hagedorn - Anchorage Reappointed: 10/1/2005 Term Expires: 3/1/2008 Linda F. Hutchings - Soldotna Appointed: 9/27/2005 Reappointed: 3/1/2006 Term Expires: 3/1/2009 David (Dave) B. Robinson - Wasilla Appointed: 10/1/2005 Term Expires: 3/1/2008 2006-01-11 Senate Journal Page 1866 The appointments were referred to the Labor and Commerce Committee. Big Game Commercial Services Board Ralph Andersen - Dillingham Appointed: 7/24/2005 Term Expires: 3/1/2008 Roy Ashenfelter - Nome Appointed: 7/24/2005 Term Expires: 3/1/2006 Colin B. Brown - Galena Appointed: 7/24/2005 Term Expires: 3/1/2009 Paul E. Johnson - Elfin Cove Appointed: 7/24/2005 Term Expires: 3/1/2009 Richard A. Rohrer - Kodiak Appointed: 7/24/2005 Term Expires: 3/1/2007 Betty Jo (BJ) Schmitz - North Pole Appointed: 7/24/2005 Term Expires: 3/1/2009 Ted H. Spraker - Soldotna Appointed: 6/8/2005 Term Expires: 3/1/2008 Alaska Commercial Fisheries Entry Commission Bruce C. Twomley - Juneau Appointed: 8/2/2005 Reappointed: 3/1/2006 Term Expires: 3/1/2010 Board of Fisheries Jeremiah D. Campbell - Seward Appointed: 9/13/2005 Term Expires: 6/30/2006 The appointments were referred to the Resources Committee. Commission on Judicial Conduct James J. Fayette - Anchorage Appointed: 7/27/2005 Term Expires: 3/1/2009 2006-01-11 Senate Journal Page 1867 Alaska Public Offices Commission William S. L. Walters - Fairbanks Appointed: 5/19/2005 Term Expires: 3/1/2010 Violent Crimes Compensation Board Regina C. Chennault - Soldotna Appointed: 10/18/2005 Reappointed: 3/1/2006 Term Expires: 3/1/2009 The appointments were referred to the Judiciary Committee. Board of Marital and Family Therapy Vivian C. Finlay - Wasilla Reappointed: 8/22/2005 Term Expires: 3/1/2007 Curtis C. Schlosser - Homer Appointed: 8/22/2005 Term Expires: 3/1/2009 Dorothy (Dottie) Vanmeter Stanton - Anchorage Appointed: 8/22/2005 Reappointed: 3/1/2006 Term Expires: 3/1/2009 Patricia A. White - Juneau Appointed: 8/22/2005 Term Expires: 3/1/2009 State Medical Board Edward A. Hall - Anchorage Appointed: 5/19/2005 Term Expires: 3/1/2009 Nancy Puckett - Anchorage Appointed: 5/19/2005 Term Expires: 3/1/2009 Kevin M. Tomera - Anchorage Appointed: 8/3/2005 Reappointed: 3/1/2006 Term Expires: 3/1/2010 Alaska Mental Health Trust Authority Board of Trustees Laraine L. Derr - Juneau Appointed: 10/19/2005 Term Expires: 3/1/2010 2006-01-11 Senate Journal Page 1868 Board of Certified Direct-Entry Midwives Barbara Norton - Anchorage Appointed: 6/3/2005 Term Expires: 3/1/2009 Holly M. Steiner - Wasilla Appointed: 6/3/2005 Term Expires: 3/1/2008 Board of Nursing JoAnne Bell-Graves - Juneau Appointed: 6/3/2005 Term Expires: 3/1/2006 Board of Examiners in Optometry Dennis A. Swarner - Kenai Appointed: 10/18/2005 Term Expires: 3/1/2009 State Physical Therapy and Occupational Therapy Board Julius S. Brecht - Anchorage Appointed: 10/18/2005 Term Expires: 3/1/2008 The appointments were referred to the Health, Education and Social Services Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. Messages from the House Message dated January 11 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twenty-fourth Alaska Legislature at 11:00 a.m. on Wednesday, February 8 for the purpose of hearing Chief Justice Bryner's annual State of the Judiciary message. Senator Gary Stevens moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. 2006-01-11 Senate Journal Page 1869 Communications Report from the Commissioner of the Department of Administration dated January 9 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Alaska Vocational Technical Education Center Teachers' Association in accordance with AS 23.40.215. President Stevens referred the report to the Finance Committee. Special Committee Reports Committee on Committees Report Mr. President: Your Committee on Committees has met and submits to the Senate for its consideration the following changes to the Committee on Committees reports dated January 10, 2005 and April 26, 2005: Labor and Commerce Committee Senator Huggins withdraws as a member Senator Bunde replaces Senator Huggins as a member Senator Bunde replaces Senator Seekins as Chair Senator Seekins replaces Senator Ben Stevens as Vice-Chair Resources Committee Senator Kookesh replaces Senator Guess as a member The report was signed by Senator Ben Stevens, Chair; Senators Cowdery, Gary Stevens, Ellis, Hoffman. Senator Gary Stevens moved and asked unanimous consent that the Committee on Committees report be adopted. Without objection, the Committee on Committees report was adopted. 2006-01-11 Senate Journal Page 1870 Introduction and Reference of Senate Bills SB 223 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 223 BY SENATORS GUESS, Davis, entitled: "An Act relating to sexual abuse of a minor and to sex offenders and child kidnappers; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. Consideration of the Calendar Citations Honoring - Juneau-Douglas High School Football Team, 2005 Alaska State Champions Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - The Juneau Gun Club Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Glacier Swim Club Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Kris Fanning Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 2006-01-11 Senate Journal Page 1871 In Memoriam - Governor Jay Hammond Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Reilly Richey Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Jonathon Wynn Scribner Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Gary Stevens moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Willette Janes Representative(s) Kerttula, Weyhrauch Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 2006-01-11 Senate Journal Page 1872 Unfinished Business Concur Messages SB 174 Senator Gary Stevens moved and asked unanimous consent that the concur message on HOUSE CS FOR SENATE BILL NO. 174(FIN) am H "An Act excluding certain trucks and vehicles provided by automobile dealers as replacement transportation during warranty, recall, or service contract repairs from the definition of 'passenger vehicle' for purposes of the passenger vehicle rental tax; and providing for an effective date" which had been held on the Secretary's desk (page 1840), be taken up at this time. Without objection, it was so ordered. The following fiscal information was published today: Fiscal Note No. 2, Department of Revenue Senator Gary Stevens moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS SB 174(FIN) am H Shall the Senate Concur in the House amendments to SB 174? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR SENATE BILL NO. 174(FIN) am H. Senator Gary Stevens moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. 2006-01-11 Senate Journal Page 1873 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HCR 18 Senator Gary Stevens moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 18 which had been held on the Secretary's desk (page 1840) be taken up at this time. Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 18, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 174, excluding certain trucks from the definition of "passenger vehicle" for purposes of the passenger vehicle rental tax, pass the Senate?" The roll was taken with the following result: HCR 18 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, HOUSE CONCURRENT RESOLUTION NO. 18 passed the Senate, was signed by the President and Secretary and returned to the House. President Stevens made the following appointment: Armed Services Committee Senator Davis replaces Senator Guess Senator Davis moved and asked unanimous consent to be excused from a call of the Senate on January 17. Without objection, Senator Davis was excused. 2006-01-11 Senate Journal Page 1874 Senator Huggins moved and asked unanimous consent to be excused from a call of the Senate from plane time, January 12 through evening plane time, January 16. Without objection, Senator Huggins was excused. Announcements Announcements are at the end of the journal. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 6:45 p.m., January 12, 2006. Without objection, the Senate adjourned at 11:39 a.m. Kirsten Waid Secretary of the Senate January 2006 2006-01-11 Senate Journal Page 1875 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 Jan 11 Wednesday Senate Finance 532 9:00 AM + Presentation: Education Financing by DEED Commissioner Roger Sampson Jan 12 Thursday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Jan 12 Thursday House Finance 519 3:00 PM -- Time Change -- Minutes Audits Review of DNR Commissioner's Preliminary Finding and Determination on Royalty Modification Other Committee Business ---------------------------------------- SCHOOL DISTRICT COSTS TASK FORCE Jan 12 Thursday House Finance 519 1:00 PM + Task Force Meeting on School District Cost Factors 2006-01-11 Senate Journal Page 1876 OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Jan 18 Wednesday Butrovich 205 12:00 PM "Alcohol, the Great Destroyer" Light Lunch will be served ---------------------------------------- JOINT SESSION Jan 12 Thursday House Chamber 7:00 PM Address by Governor Frank H Murkowski State of the Budget Message Feb 08 Wednesday House Chamber 11:00 AM Chief Justice Bryner's Annual State of the Judiciary Message