Legislature(2005 - 2006)
2006-02-22 Senate Journal
Full Journal pdf2006-02-22 Senate Journal Page 2273 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday February 22, 2006 Forty-fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:09 a.m. The roll showed eighteen members present. Senator Green was excused from a call of the Senate. Senator Guess was absent. The prayer was offered by the Chaplain, Pastor Tom Matthews of the Douglas Island Bible Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, What an honor it is to bring our requests before You today. Thank You that You love us enough to always desire our prayers. I do pray for this, another day in the legislative process. I pray that You would help each Senator here today to be graced with wisdom and understanding as subjects are discussed that deal with important decisions of state. Help them to be men and women of integrity, worthy of the trust that has been given them by their various districts. Thank You for this incredible state You have given us to live in. What an inspirational picture of the power of Your creation. Its majestic peaks, lush valleys and waterways teeming with life are truly awe-inspiring. We are a land of diversity both in nature and in people. 2006-02-22 Senate Journal Page 2274 We ask You to help our Senators clearly express the concerns and needs of their districts, as well as those of the entire state. It is a daunting task they have undertaken and they need Your guidance and strength to accomplish it. I lift this prayer today in the name of Your Son, Jesus Christ. Amen. Senator Hoffman led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the forty-fourth legislative day and Senate and House Joint Journal Supplement No. 12 be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Guess was noted. Introduction of Guests Senator Dyson introduced the following members of a delegation from the Yukon Legislative Assembly: Ted Staffen, Speaker; Patrick Rouble, Deputy Speaker; Archie Lang, Minister of Energy, Mines and Resources; Floyd McCormick, Deputy Clerk; Todd Hardy, Official Opposition Leader, and Arthur Mitchell, Third Party House Leader. Messages from the House Message dated February 21 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 318 CS FOR HOUSE BILL NO. 318(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: 2006-02-22 Senate Journal Page 2275 "An Act limiting the exercise of eminent domain." was read the first time and referred to the Judiciary and Finance Committees. Standing Committee Reports HB 243 The Finance Committee considered CS FOR HOUSE BILL NO. 243(FIN) "An Act relating to the financial plan for the intertie between the Swan Lake and Tyee Lake hydroelectric projects; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 243(FIN) Signing no recommendation: Senator Wilken; Cochair. Signing do pass: Senators Bunde, Dyson, Stedman. The following fiscal information was published today: Fiscal Note No. 3, indeterminate, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. Consideration of the Calendar Third Reading of Senate Bills SB 177 CS FOR SENATE BILL NO. 177(HES) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 177(HES) "An Act eliminating the prohibition on the use by certain licensed professionals of titles or descriptions of services that incorporate the terms 'psychoanalysis,' 'psychoanalyst,' psychotherapy,' 'psychotherapeutic,' or 'psychotherapist'" pass the Senate?" The roll was taken with the following result: 2006-02-22 Senate Journal Page 2276 CSSB 177(HES) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Green and so, CS FOR SENATE BILL NO. 177(HES) passed the Senate and was referred to the Secretary for engrossment. SB 210 SENATE BILL NO. 210 was read the third time. Senator Hoffman moved and asked unanimous consent to be shown as a cosponsor on the bill. Without objection, it was so ordered. The question being: "Shall SENATE BILL NO. 210 "An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws" pass the Senate?" The roll was taken with the following result: SB 210 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Green and so, SENATE BILL NO. 210 passed the Senate and was referred to the Secretary for engrossment. Third Reading of House Bills HB 217 SENATE CS FOR HOUSE BILL NO. 217(FIN) was read the third time. 2006-02-22 Senate Journal Page 2277 The question being: "Shall SENATE CS FOR HOUSE BILL NO. 217(FIN) "An Act relating to the determination of full and true value of taxable municipal property for purposes of providing planning assistance to the Department of Education and Early Development and the legislature, calculating funding for education, calculating school district participating shares for school construction grants, and calculating tax resource equalization payments and excluding from that determination the value of property in certain areas detached from a municipality and the value of certain property involved with oil and gas that is not taxed by a municipality" pass the Senate?" The roll was taken with the following result: SCS HB 217(FIN) Third Reading - Final Passage YEAS: 16 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Hoffman, Kookesh Excused: Green Absent: Olson and so, SENATE CS FOR HOUSE BILL NO. 217(FIN) passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Elijah Hutchison and Michaela Hutchison Representative(s) Chenault Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken In Memoriam - Bill Bryson Senator(s) French, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Berkowitz 2006-02-22 Senate Journal Page 2278 In Memoriam - Patricia Mae Booi Senator(s) French, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Berkowitz 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 HB 81 SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD) am S "An Act establishing an administrative fine and procedure for construction contractors in certain circumstances; increasing the amount of a civil penalty for persons acting in the capacity of contractors or home inspectors; modifying the elements of a crime involving contractor registration and residential contractors; modifying the exemptions from regulation under AS 08.18 for contractors; and exempting the administrative hearings for imposing an administrative fine on construction contractors from the hearings conducted by the office of administrative hearings in the Department of Administration" which had been engrossed (page 2237), was signed by the President and Secretary and transmitted to the House for consideration. Announcements Announcements are at the end of the journal. Engrossment SB 177 CS FOR SENATE BILL NO. 177(HES) "An Act eliminating the prohibition on the use by certain licensed professionals of titles or descriptions of services that incorporate the terms 'psychoanalysis,' 'psychoanalyst,' psychotherapy,' 'psychotherapeutic,' or 'psychotherapist'" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2006-02-22 Senate Journal Page 2279 SB 210 SENATE BILL NO. 210 "An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 217 SENATE CS FOR HOUSE BILL NO. 217(FIN) "An Act relating to the determination of full and true value of taxable municipal property for purposes of providing planning assistance to the Department of Education and Early Development and the legislature, calculating funding for education, calculating school district participating shares for school construction grants, and calculating tax resource equalization payments and excluding from that determination the value of property in certain areas detached from a municipality and the value of certain property involved with oil and gas that is not taxed by a municipality" was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 23, 2006. Without objection, the Senate adjourned at 11:35 a.m. Kirsten Waid Secretary of the Senate February 2006 2006-02-22 Senate Journal Page 2280 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 22 Wednesday Beltz 211 1:30 PM += SB 265 BONDS OF BOND BANK AUTHORITY += SB 193 DEFERRAL OF MUNICIPAL PROPERTY TAXES + SB 247 REVENUE SHARING PROGRAM <Bill Hearing Postponed> + SB 246 APPROP TO REVENUE SHARING FUND <Bill Hearing Postponed> Feb 24 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 22 Wednesday Senate Finance 532 9:00 AM += HB 243 SWAN LAKE-TYEE LAKE INTERTIE + Bills Previously Heard/Scheduled Feb 23 Thursday Senate Finance 532 9:00 AM + Joint w/(H) Finance Presentation by Callan Associates - Re: PFD Five-Year Forecast Feb 24 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- 2006-02-22 Senate Journal Page 2281 HEALTH, EDUCATION & SOCIAL SERVICES Feb 22 Wednesday Butrovich 205 1:30 PM + Overview: Medicare Prescription Drugs - Department of Health & Social Services + SB 299 NONDISCRIMINATION HEALTH CARE PROVIDERS + Bills Previously Heard/Scheduled += SB 250 DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL Feb 24 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 22 Wednesday Butrovich 205 8:30 AM + 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 AM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Feb 23 Thursday Beltz 211 1:30 PM + SB 298 TRUSTS: CHALLENGES; CLAIMS; LIABILITIES Bills Previously Heard/Scheduled Including but Not Limited to: += SB 289 INSURANCE ---------------------------------------- RESOURCES Feb 22 Wednesday Butrovich 205 3:30 PM + SB 305 OIL AND GAS PRODUCTION TAX Presentation by Administration Feb 23 Thursday Butrovich 205 3:30 PM += SB 305 OIL AND GAS PRODUCTION TAX Presentation by Administration 2006-02-22 Senate Journal Page 2282 RESOURCES (continued) Feb 24 Friday Butrovich 205 3:30 PM += SB 305 OIL AND GAS PRODUCTION TAX Presentation by Administration Feb 25 Saturday Senate Finance 532 10:00 AM -- Time and Location Change -- + Joint w/(H) Resources += SB 305 OIL AND GAS PRODUCTION TAX Public Hearings ---------------------------------------- STATE AFFAIRS Feb 23 Thursday Butrovich 205 3:30 PM += SB 274 STATE FIREARM DISPOSAL AND INVENTORY Bills Previously Heard/Scheduled Feb 28 Tuesday Butrovich 205 3:30 PM + SB 279 OPERATING BUDGET MISSIONS/DESIRED RESULTS + HB 167 DECEASED VETERAN DEATH CERTIFICATE/HONOR Bills Previously Heard/Scheduled Mar 02 Thursday Butrovich 205 3:30 PM Joint w/(H) State Affairs Alaska 20/20 2006 Annual Report Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 23 Thursday Butrovich 205 1:30 PM + SB 300 MOTOR VEHICLE NEGATIVE EQUITY + SB 273 MOTOR VEHICLE SALES Feb 25 Saturday Wasilla Lio Conf Rm 1:30 PM -- 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> ---------------------------------------- 2006-02-22 Senate Journal Page 2283 FINANCE SUBCOMMITTEES ADMINISTRATION Mar 02 Thursday Beltz 211 5:00 PM FY07 Operating Budget ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Feb 28 Tuesday Beltz 211 8:00 AM Budget Overview: DCCED Mar 07 Tuesday Beltz 211 8:00 AM Budget Detail Mar 14 Tuesday Beltz 211 8:00 AM Budget Detail Mar 21 Tuesday Beltz 211 8:00 AM Budget Detail Mar 28 Tuesday Beltz 211 8:00 AM Budget Detail Apr 04 Tuesday Beltz 211 8:00 AM Budget Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 22 Wednesday Senate Finance 532 4:30 PM General Overview on the Operating Budget (emphasis on new or expanded programs) ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 23 Thursday Butrovich 205 8:00 AM -- Location Change -- Departmental Overview ---------------------------------------- 2006-02-22 Senate Journal Page 2284 LABOR & WORKFORCE DEVELOPMENT Feb 23 Thursday Fahrenkamp 203 8:00 AM + Budget Overview -- Testimony <Invitation Only> -- ---------------------------------------- LAW Feb 23 Thursday Senate Finance 532 4:30 PM -- Rescheduled to 03/02/06 -- Budget Overview: Dept of Law Mar 02 Thursday Senate Finance 532 4:30 PM -- Rescheduled from 02/23/06 -- Budget Overview: Dept of Law Mar 09 Thursday Senate Finance 532 4:30 PM Budget Detail Mar 16 Thursday Senate Finance 532 4:30 PM Budget Detail Mar 23 Thursday Senate Finance 532 4:30 PM Budget Detail Mar 30 Thursday Senate Finance 532 4:30 PM Budget Closeout ---------------------------------------- MILITARY AND VETERANS AFFAIRS Feb 23 Thursday Beltz 211 7:30 AM + FY07 Operating Budget ---------------------------------------- REVENUE Feb 23 Thursday Senate Finance 532 1:30 PM -- Rescheduled to 03/02/06 -- Budget Overview: Dept of Revenue Mar 02 Thursday Senate Finance 532 1:30 PM -- Rescheduled from 02/23/06 -- Budget Overview: Dept of Revenue 2006-02-22 Senate Journal Page 2285 REVENUE (continued) Mar 09 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 16 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 23 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 30 Thursday Senate Finance 532 1:30 PM Budget Closeout ---------------------------------------- UNIVERSITY OF ALASKA Feb 28 Tuesday Butrovich 205 5:00 PM -- Teleconference <Listen Only> -- Overview of National Education Trends Julie Bell, National Conference of State Legislatures ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Mar 01 Wednesday Butrovich 205 12:00 PM Topic: "Black Holes in the Health Care Universe" A light lunch will be served. ---------------------------------------- JOINT SESSION Mar 22 Wednesday House Chamber 11:00 AM Address by the Honorable Ted Stevens, U.S. Senator