Legislature(2005 - 2006)

2006-01-17 Senate Journal

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2006-01-17                     Senate Journal                      Page 1917
                                                                                                    
                                        SENATE JOURNAL                                           
                                                                                                    
                                   ALASKA STATE LEGISLATURE                                      
                                                                                                    
                                   TWENTY-FOURTH LEGISLATURE                                     
                                                                                                    
                                        SECOND SESSION                                           
                                                                                                    
Juneau, Alaska                                 Tuesday                         January 17, 2006   
                                                                                                    
                                           Ninth Day                                             
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:08 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senators Davis, Seekins                                   
were excused from a call of the Senate.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Major Joe Huttenlocker of                                   
The Salvation Army. Senator Hoffman moved and asked unanimous                                       
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
   Thank you for letting me share with you in the opening of this                                   
   session today. Let us pray.                                                                      
                                                                                                    
   We give thanks, Oh God, for this day and Your presence with                                      
   us. We thank You for those who have preceded us in faith and                                     
   who have guided this state through the years.                                                    
                                                                                                    
   We ask now, together, Your blessing upon these people who                                        
   have been selected at this time to guide this great state of                                     
   Alaska. You are a sovereign God. We are a state and a nation                                     
   who acknowledge You in a variety of faiths. Together we ask                                      
   for wisdom upon those who represent us and who look out for                                      
   the needs of our communities.  May it be so with those who                                       
   work within these corridors today.                                                               
                                                                                                    
   We pray, depending upon You, and may these men and women                                         
   work as though everything depends upon them. Now may it be                                       
   so.                                                                                       Amen.  
                                                                                                    
                                                                                                    
Senator Elton led the Senate in the Pledge of Allegiance.                                           

2006-01-17                     Senate Journal                      Page 1918
                                         Certification                                           
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the fifth through eighth legislative days be approved as                               
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                                        Communications                                           
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    
National Petroleum Reserve-Alaska (NPRA) Impact Mitigation Grant                                    
Program dated January 2006                                                                          
from Michael Black, Director, Division of Community Advocacy,                                       
Department of Commerce, Community and Economic Development                                          
in accordance with AS 37.05.530                                                                     
                                                                                                    
The following Budget and Audit Reports were received from Pat                                       
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                  
are on file in the Office of the Secretary of the Senate:                                           
                                                                                                    
Department of Military and Veterans Affairs and Department of                                       
Administration, Alaska Land Mobile Radio Project,                                                   
September 21, 2005                                                                                  
                                                                                                    
Department of Public Safety, Council on Domestic Violence and                                       
Sexual Assault, Sunset Audit, September 23, 2005                                                    
                                                                                                    
Alaska Court System, Board of Governors of the Alaska Bar                                           
Association, Sunset Audit, November 28, 2005                                                        
                                                                                                    
                                                                                                    
                          Introduction and Reference of Senate Bills                             
                                                                                                    
SB 239                                                                                            
SENATE BILL NO. 239 BY SENATOR FRENCH, entitled:                                                    
                                                                                                    
             "An Act establishing minimum rates of tax under the                                    
             oil and gas properties production (severance) tax for                                  
             certain oil produced from North Slope reservoirs; and                                  
             providing for an effective date."                                                      

2006-01-17                     Senate Journal                      Page 1919
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 240                                                                                            
SENATE BILL NO. 240 BY SENATOR FRENCH, entitled:                                                    
                                                                                                    
             "An Act relating to rights of crime victims."                                          
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                 Consideration of the Calendar                                   
                                                                                                    
                              Second Reading of House Resolutions                                
                                                                                                    
HCR 13                                                                                            
CS FOR HOUSE CONCURRENT RESOLUTION NO. 13(RES)                                                      
Expressing the legislature's support for the construction of a natural                              
gas spur pipeline between Fairbanks and the Nenana Basin and                                        
Southcentral Alaska, commending the interest and initiative of the                                  
sponsors of that project, and encouraging the appropriate state                                     
resource agencies to lend support to those efforts, was read the second                             
time and was before the Senate on final passage.                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Legislative Agency                                                        
                                                                                                    
Senators Wilken, Dyson, Huggins, French, Wagoner, Gary Stevens,                                     
Cowdery, Guess, Bunde, Green, Stedman, Olson, Ellis, Ben 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 CONCURRENT                                                  
RESOLUTION NO. 13(RES) Expressing the legislature's support for                                     
the construction of a natural gas spur pipeline between Fairbanks and                               
the Nenana Basin and Southcentral Alaska, commending the interest                                   
and initiative of the sponsors of that project, and encouraging the                                 
appropriate state resource agencies to lend support to those efforts,                               
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    

2006-01-17                     Senate Journal                      Page 1920
CSHCR 13(RES)                                                                                       
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Davis, Seekins                                                                            
                                                                                                    
and so, CS FOR HOUSE CONCURRENT RESOLUTION NO.                                                      
13(RES) passed the Senate, was signed by the President and Secretary                                
and returned to the House.                                                                          
                                                                                                    
                                           Citations                                             
                                                                                                    
In Memoriam - Reverend Milton S. Hunt                                                               
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 - Richard Huffman and Katherine Huffman                                                 
Representative(s) Gruenberg                                                                         
Senator(s) Cowdery, Guess, Ben Stevens, Bunde, Davis, Dyson, Ellis,                                 
Elton, Green, 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.                                                          
                                                                                                    
                                                                                                    
                                      Unfinished Business                                        
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate from noon, January 18 through January 19.                                 
Without objection, Senator Hoffman was excused.                                                     
                                                                                                    
Senator Wilken moved and asked unanimous consent to be excused                                      
from a call of the Senate from afternoon plane time, January 20 to                                  
evening plane time, January 22. Without objection, Senator Wilken                                   
was excused.                                                                                        

2006-01-17                     Senate Journal                      Page 1921
SR 5                                                                                              
Senator Gary Stevens moved and asked unanimous consent that                                         
SENATE RESOLUTION NO. 5 Establishing a Senate Special                                               
Committee on University Oversight, which had been held on the                                       
Secretary's desk (page 1889), be brought up at this time. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
SENATE RESOLUTION NO. 5 was read the second time and was                                            
before the Senate on final passage.                                                                 
                                                                                                    
The question being: "Shall SENATE RESOLUTION NO. 5                                                  
Establishing a Senate Special Committee on University Oversight,                                    
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
SR 5                                                                                                
Final Passage                                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Davis, Seekins                                                                            
                                                                                                    
and so, SENATE RESOLUTION NO. 5 passed the Senate and was                                           
referred to the Secretary for engrossment and enrollment.                                           
                                                                                                    
SB 46                                                                                             
The following original engrossed and enrolled bill from the Twenty-                                 
Fourth Legislature, First Special Session, which was line item vetoed,                              
was returned to the Office of the Governor for permanent filing:                                    
                                                                                                    
             HOUSE CS FOR 2d CS FOR SENATE BILL NO.                                                 
             46(FIN) am H(brf sup maj pfld H) "An Act making                                        
             and amending appropriations, including capital                                         
             appropriations, supplemental appropriations,                                           
             reappropriations, and appropriations to capitalize                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-01-17                     Senate Journal                      Page 1922
             funds; making appropriations under art. IX, sec.                                       
             17(c), Constitution of the State of Alaska, from the                                   
             constitutional budget reserve fund; and providing for                                  
             an effective date."                                                                    
                                                                                                    
                                      Chapter 3, FSSLA 05                                          
                                                                                                    
SB 235                                                                                            
A corrected fiscal note for SENATE BILL NO. 235 "An Act relating                                    
to a public school performance incentive program; and providing for                                 
an effective date" was published today:                                                             
 Fiscal Note No. 1(corrected), Department of Education and Early                                    
        Development                                                                                 
                                                                                                    
                                                                                                    
                                         Announcements                                           
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                          Enrollment                                             
                                                                                                    
SB 174                                                                                            
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"                           
was enrolled, signed by the President and Secretary, Speaker and                                    
Chief Clerk and the engrossed and enrolled copies transmitted to the                                
Office of the Governor at 9:56 a.m., January 17, 2006.                                              
                                                                                                    
                                                                                                    
                                          Adjournment                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., January 18, 2006.                                     
Without objection, the Senate adjourned at 11:33 a.m.                                               
                                                                                                    
                                                                                       Kirsten Waid 
                                                                        Secretary of the Senate     
                                                                                                    
                                                                                       January 2006 

2006-01-17                     Senate Journal                      Page 1923
                                         Announcements                                           
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                      STANDING COMMITTEES                                        
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                 COMMUNITY & REGIONAL AFFAIRS                                    
                                                                                                    
Jan 18             Wednesday                                          Beltz 211                1:30
+ SB 219 COMMUNITY DIVIDEND PROGRAM                                                                 
                                                                                                    
Jan 20             Friday                                             Beltz 211                1:30
                   No Meeting Scheduled                                                             
                           ----------------------------------------                                
                                                                                                    
                                            FINANCE                                              
                                                                                                    
Jan 17             Tuesday                            Senate Finance 532                      9:00 
      SB  55 AGRICULTURAL LAND                                                                      
      HB 217 FULL & TRUE VALUE OF TAXABLE MUNI PROP.                                                
                   Bills Previously Heard/Scheduled                                                 
                                                                                                    
Jan 18             Wednesday                          Senate Finance 532                      9:00 
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 19             Thursday                           Senate Finance 532                      9:00 
= SB  54 PROTECTIVE ORDERS FOR SEXUAL ASSAULT                                                       
      HB 283 AK HOUSING FINANCE CORP BOARD COMP.                                                    
                   Bills Previously Heard/Scheduled                                                 
                                                                                                    
Jan 20             Friday                             Senate Finance 532                      9:00 
                   No Meeting Scheduled                                                             
                           ----------------------------------------                                

2006-01-17                     Senate Journal                      Page 1924
                              HEALTH, EDUCATION & SOCIAL SERVICES                                
                                                                                                    
Jan 18             Wednesday                                  Butrovich 205                    1:30
+                  Overview: No Child Left Behind Act Update                                        
                   U.S. Department of Education                                                     
                                                                                                    
Jan 20             Friday                                     Butrovich 205                    1:30
                   No Meeting Scheduled                                                             
                           ----------------------------------------                                
                                                                                                    
                                           JUDICIARY                                             
                                                                                                    
Jan 17             Tuesday                                    Butrovich 205                   8:30 
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 18             Wednesday                                  Butrovich 205                   8:30 
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 19             Thursday                                   Butrovich 205                   8:30 
+ SB 200 USE OF FORCE TO PROTECT SELF/HOME                                                          
+ SB 218 CRIMINAL SENTENCING AND POLYGRAPHS                                                         
+ SB  10 PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                      
                           ----------------------------------------                                
                                                                                                    
                                       LABOR & COMMERCE                                          
                                                                                                    
Jan 17             Tuesday                                            Beltz 211                1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 19             Thursday                                           Beltz 211                1:30
+ SB 136 UNEMPLOYMENT COMPENSATION BENEFITS                                                         
+ HB 108 WATER & SEWER UTILITIES OF POLIT. SUBDIV.                                                  
                   <Bill Hearing Postponed>                                                         
                           ----------------------------------------                                
                                                                                                    
                                           RESOURCES                                             
                                                                                                    
Jan 18             Wednesday                          Senate Finance 532                       1:00
                   -- Time and Location Change --                                                   
+                  Joint w/(H) Resources                                                            
                   Overview: Department of Natural Resources                                        
                                                                                                    

2006-01-17                     Senate Journal                      Page 1925
                                           RESOURCES                                             
                                          (continued)                                            
                                                                                                    
Jan 18             Wednesday                          Senate Finance 532                       3:00
                   -- Time and Location Change --                                                   
                   Joint w/(H) Resources                                                            
+                  Overview:                                                                        
                   Petroleum Profit Sharing                                                         
                   Production Tax Systems                                                           
                                                                                                    
Jan 20             Friday                                     Butrovich 205                    3:30
                   No Meeting Scheduled                                                             
                           ----------------------------------------                                
                                                                                                    
                                         STATE AFFAIRS                                           
                                                                                                    
Jan 17             Tuesday                                            Beltz 211                3:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 19             Thursday                                           Beltz 211                3:30
                   No Meeting Scheduled                                                             
                           ----------------------------------------                                
                                                                                                    
                                        TRANSPORTATION                                           
                                                                                                    
Jan 17             Tuesday                                    Butrovich 205                    1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 19             Thursday                                   Butrovich 205                    1:30
                   No Meeting Scheduled                                                             
                           ----------------------------------------                                
                                                                                                    
                                       JOINT COMMITTEES                                          
                                                                                                    
                                      LEGISLATIVE COUNCIL                                        
                                                                                                    
Jan 18             Wednesday                           House Finance 519                     12:00 
                   Legislative Council Meeting                                                      
                           ----------------------------------------                                
                                                                                                    
                                                                                                    
                                                                                                    

2006-01-17                     Senate Journal                      Page 1926
                                        OTHER MEETINGS                                           
                                                                                                    
                                JOINT LEGISLATIVE HEALTH CAUCUS                                  
                                                                                                    
Jan 18             Wednesday                                  Butrovich 205                  12:00 
                   "Alcohol, the Great Destroyer"                                                   
                   Light Lunch will be served                                                       
                           ----------------------------------------                                
                                                                                                    
                                         JOINT SESSION                                           
                                                                                                    
Feb 08             Wednesday                               House Chamber                     11:00 
                   Chief Justice Bryner's                                                           
                   Annual State of the Judiciary Message