Legislature(2005 - 2006)
2006-02-27 Senate Journal
Full Journal pdf2006-02-27 Senate Journal Page 2309 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday February 27, 2006 Fiftieth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:10 a.m. The roll showed seventeen members present. Senators Green, Stedman were excused from a call of the Senate. Senator Therriault was absent. The prayer was offered by the Chaplain, Pastor James Duncan, Soldotna-Peninsula Christian Center. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Thank You, Lord, for the opportunity to pray over the servant leaders of our state. We pray that You give us just enough challenges to ask for Your direction, just enough pressure to ask for Your strength, just enough lack of finances and emotional energy to recognize our dependence upon You, leaning not on our own understanding, but acknowledging You in all our ways! Amen. Senator Kookesh led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the forty-sixth through forty-ninth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Therriault was noted. 2006-02-27 Senate Journal Page 2310 Messages from the Governor Letters dated and received February 23 were read, stating in accordance with AS 39.05.080, I submit the following names for legislative confirmation to the boards and commissions set out below: Board of Governors of the Alaska Bar William A. Granger - Anchorage Reappointed: 2/20/2006 Term Expires: 3/1/2009 The appointment was referred to the Judiciary Committee. Board of Barbers and Hairdressers Cody Downs - Anchorage Appointed: 2/20/2006 Term Expires: 3/1/2008 Charlette Lushin - Fairbanks Reappointed: 2/20/2006 Term Expires: 3/1/2010 Alice B. Massie - Wasilla Reappointed: 2/20/2006 Term Expires: 3/1/2010 Alaska Labor Relations Agency Dennis S. Niedermeyer - King Salmon Reappointed: 2/20/2006 Term Expires: 3/1/2009 Board of Marine Pilots Les (Leslie) A. Cronk - Ketchikan Reappointed: 2/20/2006 Term Expires: 3/1/2010 Personnel Board Alfred L. Tamagni, Sr. - Anchorage Appointed: 3/1/2006 Term Expires: 3/1/2012 Real Estate Appraisers William A. Larick - Anchorage Appointed: 1/23/2006 Reappointed: 3/1/2006 Term Expires: 3/10/2010 2006-02-27 Senate Journal Page 2311 Alaska Workers' Compensation Board Robert S. Morigeau - Anchorage Appointed: 1/23/2006 Term Expires: 3/1/2008 Debra G. Norum - Fairbanks Appointed: 1/23/2006 Term Expires: 3/1/2008 Jeffrey P. Pruss - Fairbanks Appointed: 1/23/2006 Term Expires: 3/1/2008 H. Bardie Scarbrough - Anchorage Appointed: 1/23/2006 Term Expires: 3/1/2007 Damian J. Thomas - Fairbanks Appointed: 1/23/2006 Term Expires: 3/1/2008 Robert C. Weel - Anchorage Appointed: 1/23/2006 Reappointed: 3/1/2006 Term Expires: 3/1/2009 The appointments were referred to the Labor and Commerce Committee. Board of Dental Examiners Dr. Kevin L. Gottlieb, DDS - Anchorage Reappointed: 2/20/2006 Term Expires: 3/1/2010 Board of Nursing JoAnne Bell-Graves - Juneau Reappointed: 2/20/2006 Term Expires: 3/1/2010 Catherine A. Giessel - Anchorage Reappointed: 2/20/2006 Term Expires: 3/1/2010 The appointments were referred to the Health, Education and Social Services Committee. 2006-02-27 Senate Journal Page 2312 State Commission for Human Rights Randy H. Eledge - Anchorage Reappointed: 2/20/2006 Term Expires: 3/1/2011 The appointment was referred to the State Affairs Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. Messages from the House Message dated February 24 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 33 HOUSE CONCURRENT RESOLUTION NO. 33 BY THE HOUSE RULES COMMITTEE BY REQUEST, Relating to declaring March 2006 as Sobriety Awareness Month. was read the first time and was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 33 Relating to declaring March 2006 as Sobriety Awareness Month, pass the Senate?" The roll was taken with the following result: HCR 33 Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Green, Stedman and so, HOUSE CONCURRENT RESOLUTION NO. 33 passed the Senate, was signed by the President and Secretary and returned to the House. 2006-02-27 Senate Journal Page 2313 First Reading and Reference of House Bills HB 379 CS FOR HOUSE BILL NO. 379(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to scheduling as a Schedule IA controlled substance gamma-hydroxybutyric acid and certain similar substances." was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. Communications The following report is on file in the Office of the Secretary of the Senate: Notification of Availability of the Training Program Performance 2004 Report Division of Administrative Services Research and Analysis Section Department of Labor and Workforce Development available at: www.labor.state.ak.us/awib/forms/FY04-perf-report.pdf in accordance with AS 23.15.580(f) Standing Committee Reports SB 289 The Labor and Commerce Committee considered SENATE BILL NO. 289 "An Act relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to suitability of life and health insurance policies and annuity contracts, to unfair discrimination under a health insurance policy, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to direct payment to providers under a health insurance policy, to mental health benefits under a health care insurance plan, to the definitions of 'title insurance limited producer' 2006-02-27 Senate Journal Page 2314 and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small Employer Health Reinsurance Association; making conforming amendments; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 289(L&C) Signing do pass: Senator Bunde, Chair; Senators Ben Stevens, Seekins. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. SB 290 The State Affairs Committee considered SENATE BILL NO. 290 "An Act relating to reimbursement of premiums for Servicemembers' Group Life Insurance paid by members of the Alaska National Guard deployed to a combat zone; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 290(STA) "An Act providing for the issuance of complimentary fishing and hunting licenses to certain members of the Alaska National Guard returning from active duty deployment; relating to reimbursement of premiums for Servicemembers' Group Life Insurance paid by members of the Alaska National Guard deployed to a combat zone; and providing for an effective date." Signing do pass: Senator Therriault, Chair; Senator Huggins. Signing no recommendation: Senator Elton. The following fiscal information was published today: Fiscal Note No. 1, Department of Military and Veterans' Affairs The bill was referred to the Finance Committee. 2006-02-27 Senate Journal Page 2315 SB 298 The Labor and Commerce Committee considered SENATE BILL NO. 298 "An Act relating to loans from trust property; relating to a trustee's power to appoint the principal of a trust to another trust; relating to challenges to, claims against, and liabilities of trustees, beneficiaries, and creditors of trusts and of trusts and estates; relating to individual retirement accounts and plans; relating to certain trusts in divorce and dissolutions of marriage situations; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Seekins, Ben Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Judiciary Committee. Unfinished Business Citations 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. Special Order of Business In Memoriam - Charles Ellis Jackson Senator(s) Ellis, Davis, Ben Stevens, Bunde, Cowdery, Dyson, Elton, Green, Guess, Hoffman, Huggins, Kookesh, 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 Wilken moved and asked unanimous consent to withdraw his excusal motion for March 3 to March 5. Without objection, the motion was withdrawn. 2006-02-27 Senate Journal Page 2316 Senator Wilken moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 10 to evening plane time, March 12. Without objection, Senator Wilken was 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., March 1, 2006. Without objection, the Senate adjourned at 11:22 a.m. Kirsten Waid Secretary of the Senate February 2006 2006-02-27 Senate Journal Page 2317 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 27 Monday Beltz 211 1:30 PM No Meeting Scheduled Mar 01 Wednesday Beltz 211 1:30 PM No Meeting Scheduled Mar 03 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 27 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 28 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 01 Wednesday Senate Finance 532 9:00 AM += SB 207 AK AEROSPACE DEVEL. CORP BD MEMBERSHIP + SB 253 EXTEND BOARD OF CHIROPRACTIC EXAMINERS + SB 254 EXTEND PT & OCCUPATIONAL THERAPY BOARD + SB 255 OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT + Bills Previously Heard/Scheduled 2006-02-27 Senate Journal Page 2318 FINANCE (continued) Mar 02 Thursday Senate Finance 532 9:00 AM += SB 232 APPROPS: ENERGY-RELATED, PIPELINE & MISC. += SB 264 FAST TRACK SUPPLEMENTAL APPROPS += SB 243 TOBACCO REV. FOR UNIV. & CORR. FACILITIES + Bills Previously Heard/Scheduled Mar 03 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Mar 03 Friday Senate Finance 532 3:30 PM + Joint w/(S) Resources Presentation by Legislative Consultants On Oil and Gas Production Tax Mar 04 Saturday Senate Finance 532 10:00 AM + Joint w/(S) Resources Presentation by Legislative Consultants On Oil and Gas Production Tax ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 27 Monday Butrovich 205 1:30 PM += SB 251 POSTSEC. STUDENT MENINGITIS IMMUNIZATION + SB 244 NO DISCRIMINATION AGAINST ACUPUNCTURIST + SJR 19 TASK FORCE ON HOSPITAL INFECTIONS + SB 242 STATUTORY REFERENCES TO DISABILITIES + HB 357 STATUTORY REFERENCES TO DISABILITIES + Bills Previously Heard/Scheduled Mar 01 Wednesday Butrovich 205 1:30 PM + SB 281 SCHOOL DIST. ENROLLMENT SHARING/CORRESPON += SB 162 REPORT STUDENT HEALTH/DISCIPLINE/SAFETY + SB 199 SCHOOL NUTRITION SUPPORT GRANTS + Bills Previously Heard/Scheduled Mar 03 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2006-02-27 Senate Journal Page 2319 JUDICIARY Feb 27 Monday Butrovich 205 8:30 AM += SB 206 DETENTION OF MATERIAL WITNESSES += SB 222 PROTECTION OF PERSONAL INFORMATION + SB 216 BAIL RESTRICTIONS + Bills Previously Heard/Scheduled Feb 28 Tuesday Butrovich 205 8:30 AM += SJR 20 CONST. AM: BENEFITS & MARRIAGE + SB 284 SENTENCING FOR ALCOHOL-RELATED CRIMES + Bills Previously Heard/Scheduled Mar 01 Wednesday Butrovich 205 8:30 AM + SB 252 DEFINITION OF CHILD ABUSE AND NEGLECT += SB 301 CHANGE OF VENUE IN CIVIL CASES += SB 249 REPORTING BAIL AND RELEASE INFORMATION + Bills Previously Heard/Scheduled Mar 02 Thursday Butrovich 205 8:30 AM + SB 298 TRUSTS: CHALLENGES; CLAIMS; LIABILITIES + HB 92 UNIV. OF ALASKA & NONPROFIT CORP STOCK + HB 318 LIMITATION ON EMINENT DOMAIN + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 28 Tuesday Beltz 211 1:30 PM No Meeting Scheduled Mar 02 Thursday Beltz 211 2:00 PM + SB 306 UNEMPLOYMENT INSURANCE FUND & TAXES + SB 272 MORTGAGE LENDING + Confirmation Hearings: Alcohol Beverage Control Board - William G. Andrews, Gail M. Niemi State Board of Registration for Architects, Engineers & Land Surveyors - Charles A. Leet Board of Veterinary Examiners - Steve Torrence Bills Previously Heard/Scheduled 2006-02-27 Senate Journal Page 2320 RESOURCES Feb 27 Monday Butrovich 205 3:30 PM += SB 305 OIL AND GAS PRODUCTION TAX Stakeholder Presentations Feb 28 Tuesday Butrovich 205 3:30 PM += SB 305 OIL AND GAS PRODUCTION TAX Stakeholder Presentations Mar 01 Wednesday Butrovich 205 3:30 PM += SB 305 OIL AND GAS PRODUCTION TAX Stakeholder Presentations Mar 02 Thursday Butrovich 205 3:30 PM += SB 305 OIL AND GAS PRODUCTION TAX Mar 03 Friday Senate Finance 532 3:30 PM Joint w/(S) Finance += SB 305 OIL AND GAS PRODUCTION TAX Presentation by Legislative Consultants Mar 04 Saturday Senate Finance 532 10:00 AM Joint w/(S) Finance += SB 305 OIL AND GAS PRODUCTION TAX Presentation by Legislative Consultants ---------------------------------------- STATE AFFAIRS Feb 28 Tuesday Beltz 211 3:30 PM -- Location Change -- + 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 ---------------------------------------- 2006-02-27 Senate Journal Page 2321 TRANSPORTATION Feb 28 Tuesday Butrovich 205 1:30 PM + SB 266 COMMEMORATIVE PLATES: STATEHOOD ANIV. + SB 304 AIRPORT PARKING SHUTTLES/AIRPORT CHARGES + Bills Previously Heard/Scheduled Mar 02 Thursday Butrovich 205 2:00 PM -- Time Change -- + SB 303 KNIK ARM BRIDGE AND TOLL AUTHORITY Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 02 Thursday Beltz 211 5:00 PM FY07 Operating Budget ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Feb 28 Tuesday Beltz 211 8:30 AM -- Time Change -- Budget Overview: DCCED -- Testimony <Invitation Only> -- 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 2006-02-27 Senate Journal Page 2322 CORRECTIONS Mar 02 Thursday Fahrenkamp 203 4:00 PM Commissioner's Remarks/Budget Overview ---------------------------------------- COURT SYSTEM Mar 02 Thursday Beltz 211 8:00 AM Director's Remarks/Budget Overview ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 02 Thursday Fahrenkamp 203 2:30 PM FY07 Operating Budget Topics: Intensive Need Student Audit, Pupil Transportation Costs, Other Issues ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 02 Thursday Senate Finance 532 8:00 AM Agency Overview Follow-up ---------------------------------------- FISH & GAME Mar 01 Wednesday Fahrenkamp 203 1:30 PM + FY 07 Budget Overview -- Testimony <Invitation Only> -- ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 02 Thursday Fahrenkamp 203 1:00 PM Commissioner's Remarks/Budget Overview: "A Half Hour of Highlights." ---------------------------------------- 2006-02-27 Senate Journal Page 2323 LAW Mar 02 Thursday Senate Finance 532 4:30 PM -- Rescheduled to 03/09/06 -- Budget Overview: Dept of Law Mar 09 Thursday Senate Finance 532 4:30 PM Budget Overview: Dept of Law 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 ---------------------------------------- NATURAL RESOURCES Feb 28 Tuesday Senate Finance 532 8:00 AM + FY 07 Budget Overview -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Mar 02 Thursday Beltz 211 1:30 PM -- Location Change -- -- Rescheduled from 02/23/06 -- Budget Overview: Dept of Revenue 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 2006-02-27 Senate Journal Page 2324 REVENUE (continued) Mar 30 Thursday Senate Finance 532 1:30 PM Budget Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 03 Friday Beltz 211 8:00 AM Commissioner's Remarks/Budget Overview ---------------------------------------- SPECIAL COMMITTEES COMMITTEE ON UNIVERSITY OVERSIGHT Feb 28 Tuesday Senate Finance 532 5:00 PM -- Location Change -- -- Teleconference <Listen Only> -- + Overview of National Education Trends Julie Bell, National Conference of State Legislatures ---------------------------------------- JOINT COMMITTEES LEGISLATIVE COUNCIL Feb 28 Tuesday Terry Miller 104 6:30 PM Fairbanks Office Space RFP Protest Legislative Council Subcommittee Meeting Executive Session 7 pm Statute Publication RFP ---------------------------------------- OTHER MEETINGS FISH CAUCUS Feb 28 Tuesday Butrovich 205 12:00 PM New Frontiers in Fisheries: The Alaska Fisheries Development Foundation Bob Pawlowski, Executive Director 2006-02-27 Senate Journal Page 2325 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