Legislature(2005 - 2006)
2006-03-01 Senate Journal
Full Journal pdf2006-03-01 Senate Journal Page 2329 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday March 1, 2006 Fifty-second Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:25 a.m. The roll showed nineteen members present. Senator Wilken was excused from a call of the Senate. The prayer was offered by the Chaplain, Reverend Steve Olmstead of Chapel by the Lake. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious and loving God, we praise You for Your holiness. We stand in reverence of Your purity, glory and love. You alone are undefiled in righteousness. We confess our sins. We confess our pride and our self-seeking ways. O Lord, forgive us our sins and lead us to Your mercy and truth. We thank You for this Senate and each senator. We thank You for each family, for each person here and all who support and enable their work. We lift up the activities, conversations and any decisions made here today. May everything that is done be guided by Your truth, and supported by Your wisdom. May there be unity in this body around truth and around all that pleases You. May this body uphold the value of every human life. To You alone be glory, honor and praise, Amen. 2006-03-01 Senate Journal Page 2330 Senator Olson led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the fiftieth and fifty-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SB 36 Message dated February 27 was read, stating the conference committee considering CS FOR SENATE BILL NO. 36(JUD) "An Act relating to absentee ballots" and HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) am H did not come to agreement and respectfully requested a Free Conference Committee be appointed. The Conference Committee was discharged and the Speaker appointed the following members to a Free Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Rokeberg Representative Olson Representative Gardner Senate members appointed February 23 (page 2291): Senator Gary Stevens, Chair Senator Bunde Senator Hoffman HB 217 Message dated February 27 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 217(title am), thus adopting: 2006-03-01 Senate Journal Page 2331 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." Message dated February 27 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 245 CS FOR HOUSE BILL NO. 245(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to motor vehicle registration plates and fees for Purple Heart recipients and Medal of Honor recipients; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 382 HOUSE BILL NO. 382 BY REPRESENTATIVE RAMRAS, entitled: "An Act relating to recorking, sealing, or packaging of wine served with a meal and removal of recorked, sealed, or packaged wine from licensed premises." was read the first time and referred to the Labor and Commerce and Finance Committees. 2006-03-01 Senate Journal Page 2332 Communications The following reports are on file in the Office of the Secretary of the Senate: Statistical Report of the Power Cost Equalization Program FY05 from Ron Miller, Executive Director, Alaska Energy Authority available at: www.akenergyauthority.org Notification of availability of the June 30, 2005 and 2004 Financial Statements and Schedules, and Independent Auditor's Report from Ron Miller, Executive Director, Alaska Energy Authority available at: www.akenergyauthority.org Standing Committee Reports SB 207 The Finance Committee considered SENATE BILL NO. 207 "An Act relating to the membership on the board of directors of the Alaska Aerospace Development Corporation" and recommended it be replaced with CS FOR SENATE BILL NO. 207(FIN) Signing do pass: Senator Bunde, Vice Chair; Senators Olson, Dyson, Stedman, Hoffman. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SB 216 The Judiciary Committee considered SENATE BILL NO. 216 "An Act relating to bail" and recommended it be replaced with 2006-03-01 Senate Journal Page 2333 CS FOR SENATE BILL NO. 216(JUD) "An Act relating to bail and unlawful evasion; and providing for an effective date." Signing do pass: Senator Seekins, Chair; Senators French, Therriault Guess, Huggins. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Corrections The bill was referred to the Finance Committee. SB 251 The Health, Education and Social Services Committee considered SENATE BILL NO. 251 "An Act relating to immunization for meningitis of postsecondary students residing on campus." Signing do pass: Senator Dyson, Chair; Senators Wilken, Olson. Signing no recommendation: Senator Elton. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Education and Early Development Fiscal Note No. 2, zero, University of Alaska The bill was referred to the Rules Committee. SB 253 The Finance Committee considered SENATE BILL NO. 253 "An Act extending the termination date for the Board of Chiropractic Examiners; and providing for an effective date." Signing do pass: Senator Bunde, Vice Chair; Senators Olson, Dyson, Stedman, Hoffman. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. 2006-03-01 Senate Journal Page 2334 SB 254 The Finance Committee considered SENATE BILL NO. 254 "An Act extending the termination date for the State Physical Therapy and Occupational Therapy Board; and providing for an effective date." Signing do pass: Senator Bunde, Vice Chair; Senators Olson, Dyson, Stedman, Hoffman. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SB 255 The Finance 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 CS FOR SENATE BILL NO. 255(FIN) "An Act extending the termination date and duties 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, Vice Chair; Senators Hoffman, Olson, Dyson, Stedman. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SB 266 The Transportation Committee considered SENATE BILL NO. 266 "An Act relating to commemorative license plates celebrating Alaska's 50th anniversary as a state; and providing for an effective date" and recommended it be replaced with 2006-03-01 Senate Journal Page 2335 CS FOR SENATE BILL NO. 266(TRA) Signing do pass: Senator Huggins, Chair; Senators Cowdery, Therriault. Signing no recommendation: Senator French. The following fiscal information was published today: Fiscal Note No. 1, Department of Administration The bill was referred to the Finance Committee. HB 357 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 357(FIN) "An Act updating the terminology in statutes for persons with disabilities; and providing for an effective date" and further recommended the adoption of the House Letter of Intent (House Journal Page 2558). Signing do pass: Senator Dyson, Chair; Senator Wilken. Signing no recommendation: Senators Elton, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Health and Social Services Fiscal Note No. 2, zero, Department of Labor and Workforce Development The bill was referred to the Finance Committee. SJR 19 The Health, Education and Social Services Committee considered SENATE JOINT RESOLUTION NO. 19 Relating to creating the Task Force to Assess Public Reporting of Health Care Associated Infections. Signing do pass: Senator Dyson, Chair; Senators Wilken, Olson. Signing no recommendation: Senator Elton. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Health, Education and Social Services Committee The resolution was referred to the Finance Committee. 2006-03-01 Senate Journal Page 2336 SJR 20 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 20 Proposing an amendment to the section of the Constitution of the State of Alaska relating to marriage. Signing do pass: Senator Seekins, Chair; Senators Therriault, Huggins. Signing do not pass: Senators French, Guess. The following fiscal information was published today: Fiscal Note No. 1, Office of the Governor The resolution was referred to the Finance Committee. Consideration of the Calendar Second Reading of Senate Bills SB 112 SENATE BILL NO. 112 "An Act imposing a tax on residents of regional educational attendance areas; and providing for an effective date" which had been returned to the Rules Committee (page 1079) was read the second time. Senator Green, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1055. Without objection, CS FOR SENATE BILL NO. 112(FIN) "An Act relating to a tax on residents of and individuals employed in regional educational attendance areas and to permanent fund dividend applications; and providing for an effective date" was adopted. The following fiscal information was published today: Fiscal Note No. 3, Department of Revenue President Stevens stated CS FOR SENATE BILL NO. 112(FIN) will be on the March 3 calendar. 2006-03-01 Senate Journal Page 2337 Citations Honoring - James (Jim) C. Lund, 2006 University of Alaska School of Management Business Leader of the Year Representative(s) Kelly Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Senator Scott Ogan Representative(s) Kohring Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Palmer High School Varsity Football Team, State Champion Runner-Up Representative(s) Kohring Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 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 Commemorating - Women's History Month, Women: Builders of Communities and Dreams Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 2006-03-01 Senate Journal Page 2338 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 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" which had been engrossed (page 2219), was signed by the President and Secretary and transmitted to the House for consideration on February 28. Senator Davis moved and asked unanimous consent to be excused from a call of the Senate on March 3. Without objection, Senator Davis was excused. Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 24 to morning plane time, March 27. Without objection, Senator Bunde was excused. Senator Huggins moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, March 3 to evening plane time, March 6. Without objection, Senator Huggins was excused. Announcements SB 250 Senator Dyson, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived for SENATE BILL NO. 250 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and eliminating statutory references to the network on domestic violence and sexual assault" and for bills 2006-03-01 Senate Journal Page 2339 previously heard or scheduled for a Health, Education and Social Services Committee meeting on March 3 at 1:30 p.m. Without objection, it was so ordered. 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 3, 2006. Without objection, the Senate adjourned at 11:45 a.m. Kirsten Waid Secretary of the Senate March 2006 2006-03-01 Senate Journal Page 2340 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 Mar 01 Wednesday Beltz 211 1:30 PM No Meeting Scheduled Mar 03 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE 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 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 2006-03-01 Senate Journal Page 2341 FINANCE (continued) Mar 03 Friday Senate Finance 532 3:30 PM -- Meeting Canceled -- + 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 Mar 01 Wednesday Butrovich 205 1:30 PM + SB 281 SCHOOL DIST. ENROLLMENT SHARING/CORRESPON += SB 162 REPORT STUDENT HEALTH/DISCIPLINE/SAFETY <Bill Hearing Canceled> + SB 199 SCHOOL NUTRITION SUPPORT GRANTS + Bills Previously Heard/Scheduled Mar 03 Friday Butrovich 205 1:30 PM Uniform Rule 23 Waived = SB 250 DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 01 Wednesday Butrovich 205 8:30 AM + SB 252 DEFINITION OF CHILD ABUSE AND NEGLECT <Bill Hearing Canceled> += 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 2006-03-01 Senate Journal Page 2342 LABOR & COMMERCE 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 ---------------------------------------- RESOURCES 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 Butrovich 205 3:30 PM -- Agenda Change -- Administration Presentation will Continue += SB 305 OIL AND GAS PRODUCTION TAX Joint w/(S) Finance-Canceled (Presentation by Legislative Consultants) Canceled-Above Presentation Mar 04 Saturday Senate Finance 532 10:00 AM Joint w/(S) Finance += SB 305 OIL AND GAS PRODUCTION TAX Presentation by Legislative Consultants ---------------------------------------- 2006-03-01 Senate Journal Page 2343 STATE AFFAIRS Mar 02 Thursday Beltz 211 3:30 PM -- Location Change -- Joint w/(H) State Affairs Alaska 20/20 2006 Annual Report Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION 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 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 ---------------------------------------- 2006-03-01 Senate Journal Page 2344 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 -- Meeting Canceled -- 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." ---------------------------------------- 2006-03-01 Senate Journal Page 2345 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 ---------------------------------------- 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 Mar 30 Thursday Senate Finance 532 1:30 PM Budget Closeout ---------------------------------------- 2006-03-01 Senate Journal Page 2346 TRANSPORTATION & PUBLIC FACILITIES Mar 03 Friday Beltz 211 8:00 AM Commissioner's Remarks/Budget Overview ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE ON SB 36 Mar 02 Thursday Capitol 124 8:30 AM = SB 36 ABSENTEE BALLOTS ---------------------------------------- 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