Legislature(2005 - 2006)

2006-01-26 Senate Journal

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2006-01-26                     Senate Journal                      Page 1993
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                SECOND SESSION                                                   
                                                                                                    
Juneau, Alaska                    Thursday                 January 26, 2006                       
                                                                                                    
                                Eighteenth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:18 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Therriault was                                    
absent.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Father Thomas Weise of the                                  
Cathedral of the Nativity. Senator Hoffman moved and asked                                          
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
                The Beloved is gracious to us and blesses us;                                      
                       The Radiant One shines upon us.                                             
               O, that Love's Way be followed in all the earth,                                    
                  Love's saving power among all the nations.                                       
                        May the people rejoice in You;                                             
                May all the people sing with gratitude to the                                      
                                   Beloved!                                                        
                                                                                                    
                   Let the nations be glad and give thanks,                                        
              For You call the people to integrity and justice;                                    
                    You guide the nations upon the earth.                                          
                        May the people rejoice in You;                                             
                May all the people sing with gratitude to the                                      
                                   Beloved!                                                        
                                                                                                    
            The earth yields its harvest; the Beloved blesses us.                                  
                         Yes, the Beloved blesses us;                                              
               Let us abandon ourselves into the Heart of Love!                                    
                                  (Psalm 67)                                                       

2006-01-26                     Senate Journal                      Page 1994
          God of Love, Father of all,                                                               
          In faith and love we ask You, to watch over Your                                          
          people gathered here. In Your mercy and loving                                            
          kindness no thought of ours is left unguarded, no tear                                    
          unheeded, no joy unnoticed. May the blessings                                             
          promised to the poor in spirit lead us to the treasures                                   
        of Your heavenly kingdom.                               Amen.                              
                                                                                                    
Senator Kookesh led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the seventeenth legislative day be approved as certified by                             
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated January 25 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, March 22 for the purpose of hearing U.S. Senator Ted                                     
Stevens' annual 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.                                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
                                                                                                    

2006-01-26                     Senate Journal                      Page 1995
Annual Capital Project Status Report for Bradley Lake                                               
from Ron Miller, Executive Director                                                                 
Alaska Industrial Development and Export Authority                                                  
Alaska Energy Authority                                                                             
in accordance with AS 44.83.950(b)                                                                  
                                                                                                    
2005 Annual Report on State Land Reforestation Fund                                                 
from Chris Maisch, Director, Division of Forestry                                                   
Department of Natural Resources                                                                     
in accordance with AS 41.17.320                                                                     
                                                                                                    
SCR 14                                                                                            
Report to the Legislature dated January 20, 2006                                                    
from Senator Gary Stevens and Representative Thomas                                                 
Local Government Advisory Commission                                                                
in accordance with Legislative Resolve 25                                                           
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Reports dated January 26 were read, stating:                                                        
                                                                                                    
In accordance with AS 39.05.080, the Judiciary Committee reviewed                                   
the following and recommends the appointments be forwarded to a                                     
joint session for consideration:                                                                    
                                                                                                    
Commission on Judicial Conduct                                                                    
James J. Fayette                                                                                    
                                                                                                    
Alaska Public Offices Commission                                                                  
William S. L. Walters                                                                               
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individuals during any further sessions.                                                
                                                                                                    
Signing the reports: Senator Seekins, Chair; Senators Huggins,                                      
Therriault, French, Guess.                                                                          
                                                                                                    
                                                                                                    

2006-01-26                     Senate Journal                      Page 1996
SB 54                                                                                             
Forthcoming fiscal note (page 1978) for CS FOR SENATE BILL NO.                                      
54(FIN) "An Act amending protective order statutes for crimes                                       
involving stalking to include crimes involving sexual assault and                                   
sexual abuse, to provide for other relief ordered by a court, to add the                            
protective orders to a centralized registry, to prevent denial solely for a                         
lapse of time, and to require notification of the court of known civil or                           
criminal actions involving the petitioner or respondent; relating to                                
notifications to victims of sexual assault and to mandatory arrest for                              
crimes involving violation of protective orders and violation of                                    
conditions of release; and amending Rule 65, Alaska Rules of Civil                                  
Procedure" was published today:                                                                     
 Fiscal Note No. 10, zero, Department of Law                                                        
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 250                                                                                            
SENATE BILL NO. 250 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT                                                      
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act extending the termination date of the                                             
          Council on Domestic Violence and Sexual Assault;                                          
          and eliminating statutory references to the network                                       
          on domestic violence and sexual assault."                                                 
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Patrick L. Garrity, Principal, Sand Lake Elementary,                                     
Recipient Consul-General's Commendation, Consulate-General of                                       
Japan                                                                                               
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Rokeberg                                                                          

2006-01-26                     Senate Journal                      Page 1997
Honoring - The Teachers and Staff of Schoenbar Middle School                                        
Representative(s) Elkins                                                                            
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Katie Pearson                                                                            
Representative(s) Ramras                                                                            
Senator(s) Wilken, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                       
Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh,                                      
Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner                                          
                                                                                                    
In Memoriam - Betty McPeak                                                                          
Representative(s) Coghill                                                                           
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                                     
                                                                                                    
In Memoriam - Celebrating the Memory and Life of Warren Wenzel                                      
Prax                                                                                                
Representative(s) Coghill                                                                           
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                                     
                                                                                                    
In Memoriam - Norman A. Cosgrove                                                                    
Representative(s) Harris                                                                            
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                                     
                                                                                                    
In Memoriam - Lois Elinor Cosgrove                                                                  
Representative(s) Harris                                                                            
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                                     
                                                                                                    
In Memoriam - First Lieutenant Jamie Campbell                                                       
Representative(s) Ramras                                                                            
Senator(s) Wilken, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                       
Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh,                                      
Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner                                          

2006-01-26                     Senate Journal                      Page 1998
In Memoriam - Fiatau Saena, Jr.                                                                     
Representative(s) Gruenberg                                                                         
Senator(s) Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, French, 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 Stedman moved and asked unanimous consent to be excused                                     
from a call of the Senate from afternoon plane time, January 31 to                                  
plane time, February 2. Without objection, Senator Stedman was                                      
excused.                                                                                            
                                                                                                    
The presence of Senator Therriault was noted.                                                       
                                                                                                    
Senators French, Therriault, Seekins moved and asked unanimous                                      
consent to be excused from a call of the Senate to morning plane time                               
on January 31. Without objection, Senators French, Therriault, Seekins                              
were 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 11:00 a.m., January 30, 2006.                                     
Without objection, the Senate adjourned at 11:39 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                January 2006                        

2006-01-26                     Senate Journal                      Page 1999
                                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 27        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 30        Monday                                Beltz 211         1:30 PM                     
+ SB 193 DEFERRAL OF MUNICIPAL PROPERTY TAXES                                                       
                                                                                                    
Feb 01        Wednesday                             Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 03        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 26        Thursday                  Senate Finance 532            9:00 AM                     
= SB 171 NPR-A COMMUNITY GRANT PROGRAM                                                              
     SB 236 AK HOUSING FINANCE CORP DIVIDEND                                                        
              <Bill Hearing Canceled>                                                               
     SB 243 TOBACCO REV. FOR UNIV. & CORR. FACILITIES                                               
              <Bill Hearing Canceled>                                                               
                                                                                                    
Jan 27        Friday                    Senate Finance 532            9:00 AM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Jan 30        Monday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  

2006-01-26                     Senate Journal                      Page 2000
                             FINANCE (continued)                                                 
                                                                                                    
Jan 31        Tuesday                   Senate Finance 532            9:00 AM                     
+ SB 232 APPROPS: ENERGY-RELATED, PIPELINE & MISC.                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 01        Wednesday                 Senate Finance 532            9:00 AM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 01        Wednesday                 Senate Finance 532            1:30 PM                     
+             Joint w/(H)Finance                                                                    
              Overview: Profit Sharing Production Tax                                               
              Analysis; New Investments & International                                             
              Competition                                                                           
                                                                                                    
Feb 02        Thursday                  Senate Finance 532            9:00 AM                     
+ SB 218 CRIMINAL SENTENCING AND POLYGRAPHS                                                         
= SB 236 AK HOUSING FINANCE CORP DIVIDEND                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 03        Friday                    Senate Finance 532            9:00 AM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Jan 27        Friday                          Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled, if                                                  
              Necessary                                                                             
                                                                                                    
Jan 30        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 01        Wednesday                       Butrovich 205           1:30 PM                     
+             Confirmation Hearing                                                                  
              Karleen Jackson, Dept H&SS Commissioner                                               
+= SB 177 PRACTICE OF PSYCHOLOGY                                                                    
+ SB 235 SCHOOL PERFORMANCE BONUSES                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 03        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      

2006-01-26                     Senate Journal                      Page 2001
                                  JUDICIARY                                                      
                                                                                                    
Jan 26        Thursday                        Butrovich 205           8:30 AM                     
+             Confirmations:                                                                        
              James J. Fayette, Commission on                                                       
              Judicial Conduct                                                                      
              William S. L. Walters, Alaska Public                                                  
              Offices Commission                                                                    
              Regina C. Chennault, Violent Crimes                                                   
              Compensation Board                                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Jan 31        Tuesday                         Butrovich 205           8:30 AM                     
+             Confirmation                                                                          
              Regina C Chennault, Violent Crimes                                                    
              Compensation Board                                                                    
+ SB 237 ADDITIONAL JUDGES FOR THIRD DISTRICT                                                       
+ HB  41 ASSAULT ON SCHOOL EMPLOYEES/BUS DRIVERS                                                    
                                                                                                    
Feb 01        Wednesday                       Butrovich 205           8:30 AM                     
+= SB  10 PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                     
+= HB 101 SEX TOURISM                                                                               
+= HB 148 TRAFFICKING OF PERSONS                                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 02        Thursday                        Butrovich 205           8:30 AM                     
+= SB 200 USE OF FORCE TO PROTECT SELF/HOME                                                         
+ SB 210 VIOL. OF ALCOHOLIC  BEV. LAWS/FORFEITURE                                                   
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Jan 26        Thursday                              Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Jan 31        Tuesday                               Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 02        Thursday                              Beltz 211         1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        

2006-01-26                     Senate Journal                      Page 2002
                                  RESOURCES                                                      
                                                                                                    
Jan 27        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 30        Monday                          Butrovich 205           3:30 PM                     
+ HB 107 HUNTING/FISHING INTERFERENCE                                                               
+ HB 269 HAZARDOUS SUBSTANCE RELEASE LIABILITY                                                      
+ HB 251 COMMERCIAL FISHING MULTIPLE PERMIT HOLDER                                                  
+ SB 166 WLDLIFE  CONSERVATION TAG                                                                  
                                                                                                    
Feb 01        Wednesday                          Capitol 124          1:00 PM                     
              Joint w/(H) Resources                                                                 
              Presentation by Agrium & Tesoro on Cook                                               
              Inlet Operations                                                                      
                                                                                                    
Feb 03        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Jan 26        Thursday                              Beltz 211         3:30 PM                     
+ SB 214 APPROP FOR ENERGY DIVIDEND & ASSISTANCE                                                    
+ SB 215 ENERGY DIVIDEND: INCREASE  2005 PFD                                                        
                                                                                                    
Jan 31        Tuesday                               Beltz 211         3:30 PM                     
+             Confirmation Hearing                                                                  
              William A. Corbus, Lieutenant Governor                                                
              Designee                                                                              
              Office of Administrative Hearings                                                     
              Chief Administrative Law Judge                                                        
              Presentation of Annual Report & Overview                                              
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 02        Thursday                              Beltz 211         3:30 PM                     
+             Confirmation Hearing                                                                  
              Scott Nordstrand,                                                                     
              Commissioner Department of Administration                                             
+= SB 189 REQUIREMENTS FOR DRIVER'S LICENSE/I.D.                                                    
+ SB 224 OLDER ALASKANS' DAY                                                                        
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        

2006-01-26                     Senate Journal                      Page 2003
                                TRANSPORTATION                                                   
                                                                                                    
Jan 26        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 31        Tuesday                         Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 02        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                              SPECIAL COMMITTEES                                                 
                                                                                                    
                      COMMITTEE ON UNIVERSITY OVERSIGHT                                          
                                                                                                    
Feb 07        Tuesday                               Beltz 211       11:00 AM                      
              Overview - University of Alaska                                                       
              President Mark Hamilton                                                               
              Wendy Redman                                                                          
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Jan 26        Thursday                  Senate Finance 532            5:00 PM                     
              Thompson West Publishing Presentation                                                 
              Revisor's Bill                                                                        
              Data Processing Issues                                                                
              Eagle River Office Space Renewal                                                      
              Juneau Storage Approval                                                               
              Kevin Clarkson Contract Approval                                                      
              Legislative Per Diem                                                                  
              Scheduling of Meetings                                                                
              Security Analysis                                                                     
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
Feb 07        Tuesday                         Butrovich 205         10:30 AM                      
+             Public Comment                                                                        
              Status of Ethics Legislation: SB 187                                                  
              Advisory Opinion 06-01                                                                
              Committee Rules of Procedure                                                          

2006-01-26                     Senate Journal                      Page 2004
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Feb 07        Tuesday                         Butrovich 205          12:00 PM                     
+             Health Teen Relationships with                                                        
              Dr. Stan Weed, PhD, Institute for                                                     
              Research and Evaluation and                                                           
              Carol Kidwell, Program Director, Let's                                                
              Talk Health Relationships                                                             
                   ----------------------------------------                                        
                                                                                                    
                       JOINT LEGISLATIVE HEALTH CAUCUS                                           
                                                                                                    
Feb 01        Wednesday                       Butrovich 205          12:00 PM                     
              "Helping People Beyond Roads"                                                         
              Light Lunch Will Be Served                                                            
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Feb 08        Wednesday                    House Chamber            11:00 AM                      
              Chief Justice Bryner's                                                                
              Annual State of the Judiciary Message                                                 
                                                                                                    
Feb 21        Tuesday                      House Chamber              2:00 PM                     
              Address by the Honorable                                                              
              Lisa Murkowski, U.S.Senator                                                           
                                                                                                    
Mar 22        Wednesday                    House Chamber            11:00 AM                      
              Address by the Honorable                                                              
              Ted Stevens, U.S.Senator