Legislature(2005 - 2006)
2006-02-15 Senate Journal
Full Journal pdf2006-02-15 Senate Journal Page 2185 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday February 15, 2006 Thirty-eighth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:20 a.m. The roll showed seventeen members present. Senators Kookesh, Wagoner were excused from a call of the Senate. Senator Guess was absent. The prayer was offered by the Chaplain, Pastor Gene Rosebecke of the Church of the Nazarene. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, we are thankful for the beauty of Alaska, for freedom to move around and travel, for many natural resources, and for nature in all of its magnificence and splendor. We take much for granted and we ask that You will constantly remind us that every good and perfect gift comes from You. Alaska is home to many people. And they depend on the effective, dedicated and skillful leadership that is here to bring order, progress and prosperity to this land. So we pray that our leaders will always be mindful of the essential qualities necessary to serve this state. Let them be leaders of integrity, sound morals, strong principals and compassion. May their influence be positive, morally sound, inspirational, and filled with love and respect. May our leaders seek Your face and secure a personal knowledge of Your love and presence in their hearts. Thank You for their personal 2006-02-15 Senate Journal Page 2186 commitment and dedication. They have made numerous sacrifices to be our leaders as they balance budgets and enact laws and regulations. Give them Your wisdom as they develop vision for the days and years ahead, and help them create an exciting future for the State of Alaska. And we pray that because our leaders are human and have limitations, that You would bless them today with Your wisdom and knowledge that only You can give. Bless all the people who work behind the scenes and their families who make these meetings possible and let everyone be aware that they are covered with prayers from the ones whom they serve. God bless and protect our leaders. In Jesus' name, Amen. Senator Dyson led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the thirty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Guess was noted. Communications The following report is on file in the Office of the Secretary of the Senate: Joint Armed Services Committee Activities Report February 2004 - January 2006 from Senator Wilken and Representative Coghill in accordance with AS 24.20.675(a)(9) 2006-02-15 Senate Journal Page 2187 Standing Committee Reports SB 177 The Labor and Commerce Committee considered SENATE BILL NO. 177 "An Act eliminating the requirement that persons using titles or descriptions of services that incorporate the terms 'psychotherapy,' 'psychotherapeutic,' or 'psychotherapist' be licensed by the Board of Psychologist and Psychological Associate Examiners" and recommended the adoption of the Health, Education and Social Services Committee Substitute offered on page 2075. Signing do pass: Senator Bunde, Chair; Senators Seekins, Ben Stevens. Signing no recommendation: Senators Davis, Ellis. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Health and Social Services The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SB 209 The Finance Committee considered SENATE BILL NO. 209 "An Act relating to access by persons under 21 years of age to premises licensed to sell alcoholic beverages as clubs" and recommended the adoption of the Judiciary Committee Substitute offered on page 2119. Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde, Dyson, Hoffman, Stedman. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Military and Veterans' Affairs The bill was referred to the Rules Committee. 2006-02-15 Senate Journal Page 2188 SB 240 The Judiciary Committee considered SENATE BILL NO. 240 "An Act relating to rights of crime victims." Signing do pass: Senator Seekins, Chair; Senators French, Therriault, Guess. The following fiscal information was published today: Fiscal Note No. 1, zero, Alaska Court System The bill was referred to the Finance Committee. SB 244 The Labor and Commerce Committee considered SENATE BILL NO. 244 "An Act prohibiting unfair discrimination against an acupuncturist; amending the definition of 'provider' as it relates to authorized collective negotiations by physicians affecting the rights of providers under health benefit plans; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Ellis, Ben Stevens. Signing no recommendation: Senators Davis, Seekins. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the Health, Education and Social Services Committee. HB 107 The Judiciary Committee considered CS FOR HOUSE BILL NO. 107(FIN) "An Act relating to unlawful obstruction or hindrance of hunting, fishing, trapping, or viewing of fish or game; and amending Rule 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 107(JUD) Signing do pass: Senator Seekins, Chair; Senator Huggins. Signing do pass, good bill: Senator Therriault. Signing no recommendation: Senators French, Guess. 2006-02-15 Senate Journal Page 2189 The following previously published fiscal information applies: Fiscal Note No. 4, zero, Department of Fish and Game Fiscal Note No. 5, zero, Department of Law The bill was referred to the Rules Committee. HB 269 The Judiciary Committee considered HOUSE BILL NO. 269 "An Act relating to contribution actions relating to the release of a hazardous substance; and providing for an effective date" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 269(JUD) and further recommended the adoption of the following Senate Judiciary Letter of Intent: Letter of Intent It is the intent of the Senate Judiciary Committee in enacting this measure to clarify the language of AS 46.03.822(j) to ensure that responsible parties who have conducted voluntary environmental cleanups in the past, or may do so in the future, may bring a contribution action against other responsible parties either before, during, or after a civil action under AS 46.03.822(a). Voluntary cleanups form the vast majority of cleanups conducted in the State of Alaska. Voluntary cleanups allow the state to focus its limited resources on monitoring cleanup actions instead of undertaking costly administrative or judicial enforcement actions to force cleanups, or to undertake clean ups at the public expense. The United States Supreme Court, in Cooper Industries v. Aviall Services found that a responsible party could not bring a contribution action under 42 U.S.C. 9613(f)(1) unless it had been sued by a state, 2006-02-15 Senate Journal Page 2190 the federal government, or had entered into a formal administrative settlement of its liability. The Aviall decision is in conflict with the reasoning of an earlier Alaska Supreme Court decision, Federal Deposit Insurance Corporation v. Laidlaw Transit, and, in the absence of legislative action, responsible parties in Alaska may be fearful to rely on Laidlaw for assurance regarding the proper interpretation of AS 46.03.822, the state's statute modeled on 42 U.S.C. 9601-9675. Therefore, it is the purpose of this Act to respond to the Aviall and Laidlaw decisions by clarifying language of AS 46.03.822(j) so that those responsible parties who conducted voluntary cleanups in the past, or may do so in the future, may bring a contribution action against other responsible parties. Signing do pass: Senator Seekins, Chair; Senators French, Guess, Therriault, Huggins. The following previously published fiscal information applies: Fiscal Note No. 3, zero, Department of Law Fiscal Note No. 4, zero, Department of Environmental Conservation The bill was referred to the Rules Committee. Consideration of the Calendar Second Reading of Senate Bills SB 218 SENATE BILL NO. 218 "An Act relating to periodic polygraph examinations for sex offenders released on probation or parole and to sentencing for sex offenders and habitual criminals" was read the second time. 2006-02-15 Senate Journal Page 2191 Senator Green, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2120. Senator Ellis objected, then withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 218(FIN) "An Act relating to sex offenders and child kidnappers; relating to reporting of sex offenders and child kidnappers; relating to periodic polygraph examinations for sex offenders released on probation or parole; relating to sexual abuse of a minor; relating to the definitions of 'aggravated sex offense' and 'child kidnapping'; relating to penalties for failure to report child abuse or neglect; relating to sentencing for sex offenders and habitual criminals; and providing for an effective date" was adopted. Senator Seekins moved and asked unanimous consent to be shown as a cosponsor on the bill. Without objection, it was so ordered. President Stevens stated CS FOR SENATE BILL NO. 218(FIN) will be on the February 16 calendar. Third Reading of Senate Bills SB 171 CS FOR SENATE BILL NO. 171(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 171(FIN) "An Act amending the National Petroleum Reserve - Alaska special revenue fund; establishing the Special Legislative Oil and Gas NPR-A Development Impact Review Committee and defining its powers and duties; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 171(FIN) Third Reading - Final Passage YEAS: 11 NAYS: 6 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wilken Nays: Davis, Ellis, Elton, French, Guess, Olson Excused: Hoffman, Kookesh, Wagoner and so, CS FOR SENATE BILL NO. 171(FIN) passed the Senate. 2006-02-15 Senate Journal Page 2192 Senator Gary Stevens moved for the adoption of the effective date clause. Senator Ellis objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 171(FIN) Effective Date Clause YEAS: 11 NAYS: 6 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wilken Nays: Davis, Ellis, Elton, French, Guess, Olson Excused: Hoffman, Kookesh, Wagoner and so, the effective date clause failed. Senator Olson gave notice of reconsideration on CS FOR SENATE BILL NO. 171(FIN)(efd fld) "An Act amending the National Petroleum Reserve - Alaska special revenue fund; and establishing the Special Legislative Oil and Gas NPR-A Development Impact Review Committee and defining its powers and duties." Citations Honoring - The Habitat Youth Wellness Group Representative(s) Joule Senator(s) Olson, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - David Lorin Fischer 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 2006-02-15 Senate Journal Page 2193 In Memoriam - David Keener 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 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 Dyson moved and asked unanimous consent to amend the departure date of his previous excusal from noon, February 24 to noon, February 23. Without objection, the excusal was amended. Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from noon, March 3 to plane time, March 6. Without objection, Senator Dyson was excused. Senator Seekins moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 3 to morning plane time, March 7. Without objection, Senator Seekins was excused. Senator Cowdery moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 17 to plane time, February 21. Without objection, Senator Cowdery was excused. Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 3 to morning plane time, March 6. Without objection, Senator Bunde was excused. Senator Therriault moved and asked unanimous consent to be excused from a call of the Senate from morning plane time on March 17. Without objection, Senator Therriault was excused. 2006-02-15 Senate Journal Page 2194 SB 209 Senators Wilken, Dyson, Seekins, Gary Stevens, Stedman, Green, Therriault, Ellis, Ben Stevens, Cowdery, Elton moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 209 "An Act relating to access by persons under 21 years of age to premises licensed to sell alcoholic beverages as clubs." Without objection, it was so ordered. SJR 17 Senators Ellis, Elton moved and asked unanimous consent to be shown as cosponsors on SENATE JOINT RESOLUTION NO. 17 Urging the United States Department of Justice and the Alaska Department of Law to identify all natural resource damages from the Exxon Valdez oil spill that were unanticipated at the time of the 1991 settlement, to develop plans to remedy the damages, and to present the ExxonMobil Corporation with a request for the full $100,000,000 that is available through the "Reopener for Unknown Injury" clause of the 1991 civil settlement to carry out these plans. Without objection, it was so ordered. 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., February 16, 2006. Without objection, the Senate adjourned at 12:42 p.m. Kirsten Waid Secretary of the Senate February 2006 2006-02-15 Senate Journal Page 2195 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 Feb 15 Wednesday Beltz 211 1:3 + SB 265 BONDS OF BOND BANK AUTHORITY + SB 248 ADMINISTRATIVE BOROUGHS/BOROUGH GRANTS/ += SB 193 DEFERRAL OF MUNICIPAL PROPERTY TAXES Feb 17 Friday Beltz 211 1:3 No Meeting Scheduled ---------------------------------------- FINANCE Feb 15 Wednesday Senate Finance 532 9:0 + SB 209 UNDERAGE MILITARY ON LICENSED PREMISES + SB 210 VIOL. OF ALCOHOLIC BEV. LAWS/FORFEITURE + SB 237 ADDITIONAL JUDGES FOR THIRD DISTRICT + Bills Previously Heard/Scheduled Feb 16 Thursday Senate Finance 532 9:0 + Presentation by Lewin Group: Long Term Forecast of Medicaid Enrollment and Spending in Alaska, 2005-2025 + Bills Previously Heard/Scheduled 2006-02-15 Senate Journal Page 2196 FINANCE (continued) Feb 17 Friday Senate Finance 532 9:0 + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 15 Wednesday Butrovich 205 1:3 No Meeting Scheduled Feb 17 Friday Butrovich 205 1:3 + SB 250 DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 15 Wednesday Butrovich 205 8:3 + SB 240 DRUG OFFENSES: NEIGHBORS AS CRIME VICTIMS + SB 249 REPORTING BAIL AND RELEASE INFORMATION + Bills Previously Heard/Scheduled Feb 16 Thursday Butrovich 205 8:3 + SJR 20 CONST. AM: BENEFITS & MARRIAGE + SB 206 DETENTION OF MATERIAL WITNESSES + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 16 Thursday Beltz 211 1:3 + SB 289 INSURANCE + SB 253 EXTEND BOARD OF CHIROPRACTIC EXAMINERS + SB 254 EXTEND PT & OCCUPATIONAL THERAPY BOARD Bills Previously Heard/Scheduled, Including but Not Limited To: ---------------------------------------- 2006-02-15 Senate Journal Page 2197 RESOURCES Feb 15 Wednesday Butrovich 205 3:3 + Confirmation Hearing: Big Game Commercial Services Board Ralph Anderson, Roy Ashenfelter, Colin Brown, Paul Johnson, Richard Rohrer, Betty Jo Schmitz, Ted Spraker Commercial Fisheries Entry Commission Bruce Twomley + SB 262 FOREST RESOURCES & PRACTICES STANDARDS Feb 17 Friday Butrovich 205 3:3 No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Feb 16 Thursday Butrovich 205 3:3 + SB 297 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 16 Thursday Butrovich 205 1:3 + Presentation - Context Sensitive Design "Thinking Beyond the Pavement" Bills Previously Heard/Scheduled Feb 25 Saturday Wasilla Lio Conf Rm 1:3 -- Note Time and Location Change -- + Joint w/(H) Transportation Meeting with the House Finance Budget Subcommittee on Public Safety "Discussion of Highway Safety Issues" ---------------------------------------- 2006-02-15 Senate Journal Page 2198 FINANCE SUBCOMMITTEES HEALTH & SOCIAL SERVICES Feb 15 Wednesday Senate Finance 532 5:0 Presentation by Lewin Group entitled: Long Term Forecast of Medicaid Enrollment and Spending in Alaska: 2005-2025 ---------------------------------------- UNIVERSITY OF ALASKA Feb 28 Tuesday Butrovich 205 5:0 -- Teleconference <Listen Only> -- Overview of National Education Trends Julie Bell, National Conference of State Legislatures ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Feb 21 Tuesday Capitol 17 3:0 Changes to Regulations Adopted by Dept. of Health & Human Services Re: Durable Medical Equipment Supplies ---------------------------------------- ARMED SERVICES COMMITTEE Feb 15 Wednesday Senate Finance 532 1:3 Annual Alaskan Command Briefing Address by Lt. General Douglas Fraser and Brigadier General Craig Christensen ---------------------------------------- 2006-02-15 Senate Journal Page 2199 OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Feb 15 Wednesday Butrovich 205 12:00 "Getting to the Heart of Prescription Drugs" Light Lunch Will be Served ---------------------------------------- JOINT SESSION Feb 21 Tuesday House Chamber 2:0 Address by the Honorable Lisa Murkowski, U.S. Senator Mar 22 Wednesday House Chamber 11:00 Address by the Honorable Ted Stevens, U.S. Senator ---------------------------------------- MISCELLANEOUS MEETINGS Feb 16 Thursday Capitol 106 5:0 Joint w/(H) Open Caucus Presentation by the Alaska Gas Port Authority