Legislature(2005 - 2006)
2006-02-16 Senate Journal
Full Journal pdf2006-02-16 Senate Journal Page 2201 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Thursday February 16, 2006 Thirty-ninth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:12 a.m. The roll showed nineteen members present. Senator Hoffman was excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Gene Rosebecke of the Church of the Nazarene. Senator Olson moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, we ask a special blessing today upon our leaders. They carry a heavy load and a big responsibility as they meet together. Help them today as they prove themselves to the people they serve. Give them sound thinking as they make decisions that will affect this state. We pray that You would give them a heart of charity for the people they serve and a firmness on the decisions they make. Give them unity and a solid foundation in their lives as they work together. Lead them on a straight path and be true to them today as they preserve our freedom in Alaska. Give them strength in their daily tasks and give them the assurance that today they will overcome any obstacles that may get into their way. 2006-02-16 Senate Journal Page 2202 We pray a special blessing on our leaders' families today as they have sacrificed their time. Bless our leaders today as they preserve our rights as Americans and as they continue to lead Alaska in peace. Give them the courage to stand up for what is right. Let our leaders today be fully dedicated to their responsibilities and guide them as they continue to work through the hard issues of life. Let the work that will be done here today be meaningful in the enhancement of the lives of our fellow human beings. May those generations whose faces we cannot yet see, whose names we may never know, say of these leaders today, "that they led our beloved state in keeping the American dream alive." We give You thanks in advance for the accomplishment that our leaders will do this very day. Make them strong as they go forward in serving the people of Alaska. God bless and protect our leaders. In Jesus' name. Amen. Senator Ellis led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the thirty-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Communications The following reports are on file in the Office of the Secretary of the Senate: 2006-02-16 Senate Journal Page 2203 School Report Card to the Public A Summary of Statistics from Alaska's Public Schools from Roger Sampson, Commissioner Department of Education and Early Development in accordance with AS 14.03.078 and AS 14.03.120 available at: www.eed.state.ak.us/DOE_Rolodex/schools/ReportCard/RCSearch.cfm 2005 Annual Report from Deven Mitchell, Executive Director Alaska Municipal Bond Bank Authority in accordance with AS 44.85.100 General Reserve Bond Certificate from Deven Mitchell, Executive Director Alaska Municipal Bond Bank Authority in accordance with AS 44.85.270(g) Standing Committee Reports Report dated February 15 was read, stating: In accordance with AS 39.05.080, the Senate Resources Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: Alaska Commercial Fisheries Entry Commission Bruce C. Twomley There were no stated objections to the confirmation of the named individual by committee members. This does not reflect any intent by any of the members to vote for or against the individual during any further sessions. Signing the report: Senator Seekins, Vice Chair; Senators Dyson, Elton, Stedman. 2006-02-16 Senate Journal Page 2204 SB 222 The Labor and Commerce Committee considered SENATE BILL NO. 222 "An Act relating to breaches of security involving personal information, consumer report security freezes, consumer credit monitoring, credit accuracy, protection of social security numbers, disposal of records, factual declarations of innocence after identity theft, filing police reports regarding identity theft, and furnishing consumer credit header information; and amending Rule 60, Alaska Rules of Civil Procedure" and recommended it be replaced with CS FOR SENATE BILL NO. 222(L&C) "An Act relating to breaches of security involving personal information, consumer report security freezes, consumer credit monitoring, credit accuracy, protection of social security numbers, disposal of records, factual declarations of innocence after identity theft, filing police reports regarding identity theft, furnishing consumer credit header information, and truncation of credit and debit card information; and amending Rule 60, Alaska Rules of Civil Procedure." Signing do pass: Senator Bunde, Chair; Senators Davis, Ellis, Seekins. Signing amend: Senator Ben Stevens. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Transportation and Public Facilities Fiscal Note No. 2, indeterminate, Department of Labor and Workforce Development Fiscal Note No. 3, zero, Department of Public Safety Fiscal Note No. 4, zero, Department of Administration The bill was referred to the Judiciary Committee. SB 255 The Labor and Commerce Committee considered SENATE BILL NO. 255 "An Act extending the termination date for the Board of Examiners in Optometry; amending the licensing endorsement provisions for optometrists; and providing for an effective date" and recommended it be replaced with 2006-02-16 Senate Journal Page 2205 CS FOR SENATE BILL NO. 255(L&C) "An Act extending the termination date for the Board of Examiners in Optometry; amending the licensing endorsement and renewal provisions for optometrists; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Davis, Ellis, Seekins, Ben Stevens. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. HB 41 The Judiciary Committee considered CS FOR HOUSE BILL NO. 41(FIN) "An Act relating to minimum periods of imprisonment for the crime of assault in the fourth degree committed against an employee of an elementary, junior high, or secondary school or certain contractors of school districts who were engaged in the performance of school duties at the time of the assault" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 41(JUD) "An Act relating to minimum periods of imprisonment for the crime of assault in the fourth degree committed on school grounds, on a school bus, at a school-sponsored event, or at certain school district administration offices." (Title change SCR 23) Signing do pass: Senator Seekins, Chair; Senator Huggins. Signing no recommendation: Senator Guess. Signing amend: Senator French. The following fiscal information was published today: Fiscal Note No. 6, zero, Department of Administration Fiscal Note No. 7, zero, Department of Law Fiscal Note No. 8, zero, Department of Public Safety 2006-02-16 Senate Journal Page 2206 The bill was referred to the Finance Committee. Consideration of the Calendar Second Reading of Senate Bills SB 209 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" was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 2119. Without objection, CS FOR SENATE BILL NO. 209(JUD) "An Act relating to access by persons under 21 years of age to premises licensed to sell alcoholic beverages as clubs when alcoholic beverages are not present and, when alcoholic beverages are present, to premises of a patriotic organization licensed as a club if the person possesses a valid active duty military or armed forces identification card issued by the United States government" was adopted. Senator Gary Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 209(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 209(JUD) "An Act relating to access by persons under 21 years of age to premises licensed to sell alcoholic beverages as clubs when alcoholic beverages are not present and, when alcoholic beverages are present, to premises of a patriotic organization licensed as a club if the person possesses a valid active duty military or armed forces identification card issued by the United States government" pass the Senate?" The roll was taken with the following result: 2006-02-16 Senate Journal Page 2207 CSSB 209(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman and so, CS FOR SENATE BILL NO. 209(JUD) passed the Senate and was referred to the Secretary for engrossment. Third Reading of Senate Bills SB 218 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 read the third time. Senators Bunde, Guess offered the following Letter of Intent: Letter of Intent The Purposes And Rationale Underlying The Increase In Sentencing Ranges For Felony Sex Crimes In Alaska Senate Bill 218 adopts longer sentences for, and closer supervision of, convicted sex offenders. These changes are appropriate in light of the following: (1) Statistical studies about sexual assault and abuse in America, and more specifically, in Alaska; (2) The growing body of knowledge about the actual number of victims per sex offender and the resistance of sex offenders to rehabilitative treatment; 2006-02-16 Senate Journal Page 2208 (3) The purposes of criminal sentencing set out in AS 12.55.005 and Chaney v. State, 447 P.2d 441 (Alaska 1970); (4) The principles of penal administration set out Article I, section 12 of the Alaska Constitution that gives precedence to protection of the public and community condemnation; and (5) The rights of crime victims under Article I, section 24, of the Alaska Constitution. Sexual assault and abuse in Alaska can be classified as a plague. Alaska has been ranked number one in the nation for 22 out of the last 29 years for sexual assault and abuse. Alaska has been 1 number one in the nation for sexual assault since 1995. In addition, Alaska has never been ranked below number five in the nation for sexual assaults per capita (forcible rapes per 100,000 residents) since 1976, when data collection began. The State currently has approximately 2.5 times the national average for 1 sexual assault.Alaska has about 4,300 registered sex offenders 2 in our Alaskan communities. Even with startlingly high sex offense rates, sexual abuse and assault are still largely unreported crimes (only 16 percent of 3 victims report the assault); and arrest rates are also low (only 27 4 percent of reported sex crimes result in an arrest). Therefore we can assume, the actual number of sex offenders in Alaska is significantly higher than 4,300 individuals. Institutional treatment programs (cognitive-behavioral, relapse prevention and behavioral) provided to sex offenders both in other states and in Alaska have not proven to be particularly 5 effective.Offenders who served time for sexual assault were four times as likely as those convicted of other crimes to be re- arrested for a new sexual assault. The more prior arrests an offender has, the greater their likelihood for being re-arrested for 5 another sex crime. Forty-three percent of sex offenders re-offend within three 6 years. Currently, 78.5 percent of sex offenders have at least one 6 prior arrest and average 4.5 prior arrests. In Alaska, the statistics are even more startling: of the 927 convicted sex offenders in custody on January 24, 2006, 93 percent have at 2006-02-16 Senate Journal Page 2209 least one prior arrest; the average number of arrests per sex offender is 11.75; and more than 41 percent have been arrested 7 ten or more times. Sex offenders average 110 victims and 318 offenses before being 8 caught. Sex offenders admitted to 3.5 times the number of victims and 4.5 times the number of offenses when given a polygraph exam as compared to questioning without a polygraph. Offenders under polygraph examination also report an earlier age when they began offending than was previously 9 known. 8 Sex offenders go undetected for an average of 16 years,which explains how they can have so many victims. It also suggests that offenders begin raping when they are relatively young, and indeed the average age of onset of the criminal sexual behavior 8 for offenders is between 12 and 16 years. Early detection and intervention in sex offenses committed by juveniles may be one promising way of addressing sex crimes generally, especially in the future. However, sex offenses committed by juveniles are a topic that is beyond the scope of Senate Bill 218, which deals with the immediate plague facing Alaska involving adult sex offenders. The Alaska appellate courts have sometimes questioned whether decisions by the legislature in setting presumptive sentences were intended to achieve the results they did; in some instances the courts have reduced the presumptive sentence to avoid 10 "anomalous" results. In the case of sentence ranges imposed by Senate Bill 218, the result of greatly increased sentences are, indeed, intended. The increased sentences in Senate Bill 218 are in recognition that the harm and severity of injury caused by sex offenses has been greatly under-recognized by the criminal justice system. Sex offenses are crimes of violence and much like domestic violence they are about power and control. The victims are typically vulnerable due to their age, incapacity or the offender's position of authority. Sex offenses against young victims are particularly heinous and the sentences in Senate Bill 218 reflect the increased seriousness of choosing a young victim by increasing the sentencing ranges for the most serious offenses committed against victims less than 13 years of age. 2006-02-16 Senate Journal Page 2210 In drafting Senate Bill 218, the conduct covered by each category of offense was carefully examined. Reclassification of conduct was considered, and for some offenses implemented. The sentencing ranges contained in Senate Bill 218 reflect the legislature's view of the appropriate sentence for the cases involving the conduct described by the particular statute. The ranges are large enough to accommodate the wide-ranging types of conduct contained within these statutes - particularly in the B and C felony range. In Senate Bill 218, the low end of the range for the most serious sex offenses is higher than the mandatory minimum or low end of presumptive sentences for some crimes that result in death. This is intentional and not anomalous. Sex offenses cause great harm to victims, their families and to the entire community. Death has always been seen as the greatest harm that could be inflicted by an offender. But death can be caused by reckless conduct. Sex offenses are not reckless - they are at the very least knowing, and often intentional. The proportionality of the sentences imposed by Senate Bill 218 to other offenses in our criminal code was considered. The severity of the sentences in comparison to other crimes was intentional. The "prior criminal history of the defendant and the likelihood of rehabilitation" is another recognized consideration in 12 sentencing. The sentence ranges in Senate Bill 218 start at increasingly higher levels when an offender has a prior record of both non-sex related felonies and sexual felonies. This change takes into account the decreased potential for rehabilitation with each successive conviction. It also recognizes the lack of effective treatment for most sex offenders. The "need to confine the defendant to prevent further harm to the 13 public" is a factor also considered by Senate Bill 218. The evidence that sex offenders have multiple victims and often do not respond to treatment supports the need for confinement to protect the public. Another sentencing consideration is "the circumstances of the offense and the extent to which the offense harmed the victim or 14 2006-02-16 Senate Journal Page 2211 abuse and assault suffer from the effects of the crime for years. When sexually abused boys are not treated, it makes it more likely they will be involved in committing crimes, suicide, drug 15 use and continued sexual abuse. Young girls who are sexually assaulted are more likely to abuse alcohol and drugs and are six times more likely to develop psychiatric disorders and 13 times 16 more likely to attempt suicide. Although judges must take into account "the circumstances of the offense and the extent to which the offense harmed the victim" on a case-by-case basis in determining the specific sentence within a statutory range, in setting those ranges the legislature must take into account the harm to victims generally, and the extent which sex crimes impact the community as a whole. With the latter criteria and in light of the aforementioned statistics, we the Alaska State Legislature find sentences for sex offenses should be increased significantly. The effect of sex offenses on the victim, and the victim's family, is enormous. But the effect on the fabric of society is no less important to consider in setting sentence ranges. In many places in Alaska, women are afraid to walk alone in their neighborhoods at night, or to let their children go to the park or the mall, because of fear that they too may become a victim. The estimated financial costs to society are also significant. In 2003, 521 victims reported sexual assault in Alaska. The National Institute of Justice estimates that the average cost of caring for each victim is $86,500; thus every year Alaska spends 17 about $45 million on sexual assault victims. "The effect of the sentence to be imposed in deterring the defendant or other members of society from future criminal 18 conduct" is also a consideration. The failure of treatment in rehabilitating most sex offenders provides little hope that longer sentences will deter future crimes. However, some categories of sex offenses, such as the teacher or coach who may be tempted to take advantage of a student, are more likely to be deterred by the threat of a long jail term. For most offenders the hope for deterrence in Senate Bill 218 is provided by the increased probation periods and the use of the polygraph while on probation or parole. The polygraph will help to provide an early 2006-02-16 Senate Journal Page 2212 warning system during supervision that will put the probation or parole officer on notice that corrective action is necessary due to signs of deception or offending behavior. The use of the polygraph should prevent at least some future victimization from occurring. "Community condemnation," "reaffirmation of societal norms," and "restoration of the victim and the community" are the other 19 recognized sentencing factors. There has been a public outcry recently over the failure of our criminal justice system to provide for the protection of the public from sex offenders. The community particularly condemns offenses against children. The increased sentences of Senate Bill 218 send the message to offenders and society: this behavior will not be tolerated nor accepted. The community has good reason to be shocked at the sobering statistics relating to sex offenses in Alaska, and to be outraged at the conduct underlying those offenses. Senate Bill 218 sets forth a sentencing scheme that sets a higher presumptive range, particularly for young victims. Although every sex crime is heinous, the community particularly condemns those who prey on very young victims. Additionally, as indicated above, offenders who target young victims are more likely to re-offend. The increased sentences for offenders with young victims recognize these important sentencing factors - community condemnation, reaffirmation of societal norms and prospects for rehabilitation. Finally, in enacting Senate Bill 218, it is recognized that there may be the "exceptional" case or circumstance that cries out for mercy. The criminal justice system often weeds these cases out in the referral and plea bargaining process. However, by application of existing statutory mitigating factors under AS 12.55.155, or by referral to the three-judge panel "safety net" under AS 12.55.175, the courts of Alaska will be able to avoid manifestly unjust sentences in appropriate cases. At the same time, the citizens of Alaska will benefit from the increase in safety achieved by longer incarceration of sex offenders followed by enhanced supervision using the polygraph. 2006-02-16 Senate Journal Page 2213 1 Uniform Crime Report, FBI, 2003 2 Department of Public Safety Sex Offender Registry, 2006 3 Kilpatrick Rape in America Report, 1992 4 Snyder, 2000 5 Sex Offender Treatment Evaluation Project Report (SOTEP), January 2005 6 Langdon, Schmitt, and Durose "Recidivism of Sex Offenders Released from Prison in 1994", Bureau of Justice Statistics November, 2003 7 Alaska Department of Corrections, Research Section, January 2006 8 Ahlmeyer, Heil, McKee, and English "The Impact of Polygraph on Admissions of Crossover Offending Behavior in Adult Sexual Offenses", Sexual Abuse: A Journal of Research and Treatment, 12(2): 123-138, 2000 9 Wilcox and Sosnowski "Polygraph examination of British sexual offenders: A pilot study on sexual history disclosure testing", Journal of Sexual Aggression, 11(1), 3-25: 2005 10 New v. State, 714 P.2d 378 (Alaska 1986); Pruett v. State, 742 P.2d 257 (Alaska App. 1987); Smith v. State, 28 P.3d 323 (Alaska App. 2001 AS 12.55.005(1) 11 AS 12.55.125 (b) 12 AS 12.55.005(2) and Chaney 13 AS 12.55.005(3) 14 AS 12.55.005(4) 15 Holmes, University of Pennsylvania School of Medicine 16 Rape in America: Report to the Nation, 1992 17 The National Institute of Justice 2006-02-16 Senate Journal Page 2214 18 AS 12.55.005(5) 19 AS 12.55.005(6) and (7) Senator Bunde moved for the adoption of the Letter of Intent. The question being: "Shall the Letter of Intent be adopted?" The roll was taken with the following result: CSSB 218(FIN) Adopt Letter of Intent? YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman and so, the Senate Letter of Intent was adopted. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSSB 218(FIN) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman 2006-02-16 Senate Journal Page 2215 and so, CS FOR SENATE BILL NO. 218(FIN) passed the Senate. Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment with a Senate Letter of Intent. Reconsideration of Senate Bills SB 171 Senator Olson requested that the reconsideration on CS FOR SENATE BILL NO. 171(FIN)(efd fld) be taken up. 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" was before the Senate on reconsideration. Senator Olson moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Olson offered Amendment No. 1 : Page 4, line 19: Delete "committee" Insert "legislature" Page 4, line 24: Delete "committee's" Insert "legislature's" Page 7, following line 22: Insert a new bill section to read: "* Sec. 11. AS 24.20.580, AS 37.05.530(d), and AS 37.05.530(k) are repealed June 30, 2008." Renumber the following bill section accordingly. 2006-02-16 Senate Journal Page 2216 Senator Olson moved for the adoption of Amendment No. 1. Senator Wilken objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 171(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Kookesh, Olson Nays: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman and so, Amendment No. 1 failed. CS FOR SENATE BILL NO. 171(FIN) was automatically in third reading. The question to be reconsidered: "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 - On Reconsideration YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Kookesh, Olson Excused: Hoffman and so, CS FOR SENATE BILL NO. 171(FIN) passed the Senate on reconsideration. 2006-02-16 Senate Journal Page 2217 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: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Kookesh, Olson Excused: Hoffman and so, the effective date clause failed and 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" was referred to the Secretary for engrossment. Citations Honoring - The PITAAS Program at the University of Alaska Southeast Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Senator Gary Stevens moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. 2006-02-16 Senate Journal Page 2218 Special Order of Business In Memoriam - Agnes Martha Thlunaut Bellinger Representative(s) Thomas, Kerttula Senator(s) Kookesh, Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business Senator Ellis moved and asked unanimous consent to be excused from a call of the Senate on February 17 and to afternoon plane time on February 21. Without objection, Senator Ellis was excused. Announcements Announcements are at the end of the journal. Engrossment SB 209 CS FOR SENATE BILL NO. 209(JUD) "An Act relating to access by persons under 21 years of age to premises licensed to sell alcoholic beverages as clubs when alcoholic beverages are not present and, when alcoholic beverages are present, to premises of a patriotic organization licensed as a club if the person possesses a valid active duty military or armed forces identification card issued by the United States government" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2006-02-16 Senate Journal Page 2219 SB 171 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" was engrossed. SB 218 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 engrossed with a Senate Letter of Intent. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 17, 2006. Without objection, the Senate adjourned at 12:05 p.m. Kirsten Waid Secretary of the Senate February 2006 2006-02-16 Senate Journal Page 2220 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 STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Feb 17 Friday Beltz 211 1:30 No Meeting Scheduled Feb 20 Monday Beltz 211 1:30 No Meeting Scheduled Feb 22 Wednesday Beltz 211 1:30 += SB 265 BONDS OF BOND BANK AUTHORITY += SB 193 DEFERRAL OF MUNICIPAL PROPERTY TAXES + SB 247 REVENUE SHARING PROGRAM + SB 246 APPROP TO REVENUE SHARING FUND Feb 24 Friday Beltz 211 1:30 No Meeting Scheduled ---------------------------------------- FINANCE Feb 16 Thursday Senate Finance 532 9:00 + Presentation by Lewin Group: Long Term Forecast of Medicaid Enrollment and Spending in Alaska, 2005-2025 + Bills Previously Heard/Scheduled Feb 17 Friday Senate Finance 532 9:00 += SB 210 VIOL. OF ALCOHOLIC BEV. LAWS/FORFEITURE += SB 237 ADDITIONAL JUDGES FOR THIRD DISTRICT + Bills Previously Heard/Scheduled 2006-02-16 Senate Journal Page 2221 FINANCE (continued) Feb 20 Monday Senate Finance 532 9:00 No Meeting Scheduled Feb 21 Tuesday Senate Finance 532 9:00 No Meeting Scheduled Feb 22 Wednesday Senate Finance 532 9:00 + Bills Previously Heard/Scheduled Feb 23 Thursday Senate Finance 532 9:00 + Joint w/(H)Finance Presentation by Callan Associates - Re: PFD Five Year Forecast Feb 24 Friday Senate Finance 532 9:00 No Meeting Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 17 Friday Butrovich 205 1:30 + SB 250 DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL Bills Previously Heard/Scheduled Feb 20 Monday Butrovich 205 1:30 Presidents Day - No Meeting Scheduled Feb 22 Wednesday Butrovich 205 1:30 + Overview: Medicare Prescription Drugs - Department of Health & Social Services + SB 299 NONDISCRIMINATION HEALTH CARE PROVIDERS + Bills Previously Heard/Scheduled Feb 24 Friday Butrovich 205 1:30 No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 16 Thursday Butrovich 205 8:30 + SJR 20 CONST. AM: BENEFITS & MARRIAGE + SB 206 DETENTION OF MATERIAL WITNESSES + Bills Previously Heard/Scheduled 2006-02-16 Senate Journal Page 2222 JUDICIARY (continued) Feb 21 Tuesday Butrovich 205 8:30 += SJR 20 CONST. AM: BENEFITS & MARRIAGE + Bills Previously Heard/Scheduled Feb 22 Wednesday Butrovich 205 8:30 + SB 301 CHANGE OF VENUE IN CIVIL CASES + SB 222 PROTECTION OF PERSONAL INFORMATION + Bills Previously Heard/Scheduled Feb 23 Thursday Butrovich 205 8:30 No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Feb 16 Thursday Beltz 211 1:30 + 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: Feb 21 Tuesday Beltz 211 1:30 No Meeting Scheduled Feb 23 Thursday Beltz 211 1:30 + SB 298 TRUSTS: CHALLENGES; CLAIMS; LIABILITIES Bills Previously Heard/Scheduled Including but Not Limited to: += SB 289 INSURANCE ---------------------------------------- RESOURCES Feb 17 Friday Butrovich 205 3:30 No Meeting Scheduled Feb 20 Monday Butrovich 205 3:30 No Meeting Scheduled 2006-02-16 Senate Journal Page 2223 RESOURCES (continued) Feb 22 Wednesday Butrovich 205 3:30 + Senate Bill: Production Tax on Oil and Gas <Pending Introduction & Referral> Presentation by Administration Feb 23 Thursday Butrovich 205 3:30 + Senate Bill: Production Tax on Oil and Gas <Pending Introduction & Referral> Presentation by Administration Feb 24 Friday Butrovich 205 3:30 + Senate Bill: Production Tax on Oil and Gas <Pending Introduction & Referral> Presentation by Administration Feb 25 Saturday Senate Finance 532 10:00 -- Time and Location Change -- + Public Hearing - Joint w/(H) Resources Production Tax on Oil and Gas <Pending Introduction & Referral> ---------------------------------------- STATE AFFAIRS Feb 16 Thursday Butrovich 205 3:30 + SB 297 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS + Bills Previously Heard/Scheduled Feb 21 Tuesday Butrovich 205 3:30 No Meeting Scheduled Feb 23 Thursday Butrovich 205 3:30 += SB 274 STATE FIREARM DISPOSAL AND INVENTORY Bills Previously Heard/Scheduled Feb 28 Tuesday Butrovich 205 3:30 + SB 279 OPERATING BUDGET MISSIONS/DESIRED RESULTS + HB 167 DECEASED VETERAN DEATH CERTIFICATE/HONOR Bills Previously Heard/Scheduled 2006-02-16 Senate Journal Page 2224 STATE AFFAIRS (continued) Mar 02 Thursday Butrovich 205 3:30 Joint w/(H) State Affairs Alaska 20/20 2006 Annual Report Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 16 Thursday Butrovich 205 1:30 + Presentation - Context Sensitive Design "Thinking Beyond the Pavement" Bills Previously Heard/Scheduled Feb 21 Tuesday Butrovich 205 1:30 No Meeting Scheduled Feb 23 Thursday Butrovich 205 1:30 + SB 300 MOTOR VEHICLE NEGATIVE EQUITY + SB 273 MOTOR VEHICLE SALES Feb 25 Saturday Wasilla Lio Conf Rm 1:30 -- Note Time and Location Change -- + Joint w/(H) Transportation Meeting with the House Finance Budget Subcommittee on Public Safety "Discussion of Highway Safety Issues" <At 3:15 p.m. there will be a brief project status and update on the Knik Arm Bridge> ---------------------------------------- FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV Feb 28 Tuesday Beltz 211 8:00 Budget Overview: DCCED Mar 07 Tuesday Beltz 211 8:00 Budget Detail Mar 14 Tuesday Beltz 211 8:00 Budget Detail 2006-02-16 Senate Journal Page 2225 COMMERCE, COMMUNITY & ECONOMIC DEV (continued) Mar 21 Tuesday Beltz 211 8:00 Budget Detail Mar 28 Tuesday Beltz 211 8:00 Budget Detail Apr 04 Tuesday Beltz 211 8:00 Budget Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 22 Wednesday Senate Finance 532 4:30 General Overview on the Operating Budget (emphasis on new or expanded programs) ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 23 Thursday Senate Finance 532 8:00 Departmental Overview ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Feb 23 Thursday Fahrenkamp 203 8:00 + Budget Overview -- Testimony <Invitation Only> -- ---------------------------------------- LAW Feb 23 Thursday Senate Finance 532 4:30 Budget Overview: Dept of Law Mar 02 Thursday Senate Finance 532 4:30 Budget Detail Mar 09 Thursday Senate Finance 532 4:30 Budget Detail Mar 16 Thursday Senate Finance 532 4:30 Budget Detail 2006-02-16 Senate Journal Page 2226 LAW (continued) Mar 23 Thursday Senate Finance 532 4:30 Budget Detail Mar 30 Thursday Senate Finance 532 4:30 Budget Closeout ---------------------------------------- MILITARY AND VETERANS AFFAIRS Feb 23 Thursday Beltz 211 7:30 + FY07 Operating Budget ---------------------------------------- PUBLIC SAFETY Feb 21 Tuesday Butrovich 205 3:30 + FY07 Operating Budget ---------------------------------------- REVENUE Feb 23 Thursday Senate Finance 532 1:30 Budget Overview: Dept of Revenue Mar 02 Thursday Senate Finance 532 1:30 Budget Detail Mar 09 Thursday Senate Finance 532 1:30 Budget Detail Mar 16 Thursday Senate Finance 532 1:30 Budget Detail Mar 23 Thursday Senate Finance 532 1:30 Budget Detail Mar 30 Thursday Senate Finance 532 1:30 Budget Closeout ---------------------------------------- 2006-02-16 Senate Journal Page 2227 UNIVERSITY OF ALASKA Feb 28 Tuesday Butrovich 205 5:00 -- Teleconference <Listen Only> -- Overview of National Education Trends Julie Bell, National Conference of State Legislatures ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Feb 21 Tuesday Fahrenkamp 203 3:00 -- Location Change -- Changes to Regulations Adopted by Dept. of Health & Human Services Re: Durable Medical Equipment Supplies ---------------------------------------- OTHER MEETINGS JOINT SESSION Feb 21 Tuesday House Chamber 2:00 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 Butrovich 205 5:00 -- Location Change -- Joint w/(H) Open Caucus Presentation by the Alaska Gas Port Authority