Legislature(2005 - 2006)
2006-03-16 Senate Journal
Full Journal pdf2006-03-16 Senate Journal Page 2477 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Thursday March 16, 2006 Sixty-seventh Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:15 a.m. The roll showed eighteen members present. Senators Hoffman, Kookesh were excused from a call of the Senate. The prayer was offered by the Chaplain, Senator Huggins. Senator Olson moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Most Precious Heavenly Father, We thank Thee for bringing us together. Bless and help the people that are looking toward the destiny of our country and state. We thank Thee for the young people sitting behind us today. They represent the future of our country which is most important. We ask for Thy blessings in each and every thing we do. We ask for Thy guidance. In Jesus' name, Amen. Senator Cowdery led the Senate in the Pledge of Allegiance. 2006-03-16 Senate Journal Page 2478 Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the sixty-sixth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 15 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 489 CS FOR HOUSE BILL NO. 489(RLS) BY THE HOUSE RULES COMMITTEE, entitled: "An Act relating to the treatment of charity events by the Alaska Public Offices Commission and under the law governing legislative ethics; and providing for an effective date." was read the first time and referred to the Rules Committee. Standing Committee Reports SB 306 The Judiciary Committee considered SENATE BILL NO. 306 "An Act requiring an employing unit with a change in ownership, management, or control or similar change to notify the Department of Labor and Workforce Development of the change; relating to the unemployment contribution rate of an employing unit; defining 'business' for purposes of statutes setting unemployment contribution rates; establishing the crime of obtaining an unemployment rate by deception; and providing for an effective date." Signing do pass: Senator Seekins, Chair; Senators Huggins, Therriault. Signing no recommendation: Senator French. 2006-03-16 Senate Journal Page 2479 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Labor and Workforce Development The bill was referred to the Rules Committee. HB 326 The Judiciary Committee considered CS FOR HOUSE BILL NO. 326(JUD) am "An Act relating to the definition of the crime of harassment" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 326(JUD) "An Act relating to the definition of the crime of harassment; and providing for an effective date." (technical title change) Signing do pass: Senator Seekins, Chair; Senators French, Huggins, Therriault, Guess. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, zero, Department of Public Safety The bill was referred to the Finance Committee. HB 410 The Judiciary Committee considered CS FOR HOUSE BILL NO. 410(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." Signing do pass: Senator Seekins, Chair; Senators French, Huggins, Therriault. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System Fiscal Note No. 2, zero, Office of the Governor The bill was referred to the Rules Committee. 2006-03-16 Senate Journal Page 2480 Consideration of the Calendar Third Reading of Senate Bills SB 232 CS FOR SENATE BILL NO. 232(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 232(FIN) "An Act making appropriations, supplemental appropriations, and capital appropriations; amending appropriations and funding sources; making appropriations to capitalize funds; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 232(FIN) Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 3 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, Green, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis, French, Guess Excused: Hoffman, Kookesh and so, CS FOR SENATE BILL NO. 232(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 clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. SB 237 CS FOR SENATE BILL NO. 237(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 237(FIN) "An Act relating to the compensation of justices and judges, and to increasing the number of superior court judges designated for the third and fourth judicial districts; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2006-03-16 Senate Journal Page 2481 CSSB 237(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Hoffman, Kookesh and so, CS FOR SENATE BILL NO. 237(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 clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment with a Senate Letter of Intent. Citations Honoring - Village Public Safety Officer Academy Graduates Representative(s) LeDoux Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Therriault, Wagoner, Wilken Honoring - Teck Cominco, Pogo Mine's First Gold Bar Representative(s) Guttenberg, Berkowitz Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Augie Hiebert Representative(s) Stoltze Senator(s) Huggins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 2006-03-16 Senate Journal Page 2482 Honoring - Michael Poppert Representative(s) Neuman Senator(s) Huggins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - The South Anchorage High School Hockey Team Representative(s) Lynn Senator(s) Bunde, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Nora Guinn, First Alaska Native Judge Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Kapsner In Memoriam - Frank Lewis Charles Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Stephen John Sutherland Representative(s) Coghill Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Wagoner, Wilken In Memoriam - George Mohr Representative(s) Gruenberg, Anderson Senator(s) Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, 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. 2006-03-16 Senate Journal Page 2483 Unfinished Business Reconsideration of Senate Bills SB 232 Senator Wilken moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 232(FIN) be taken up at this time. Without objection, it was so ordered and the bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 232(FIN) "An Act making appropriations, supplemental appropriations, and capital appropriations; amending appropriations and funding sources; making appropriations to capitalize funds; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 232(FIN) Third Reading - On Reconsideration Effective Date YEAS: 15 NAYS: 3 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, Green, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis, French, Guess Excused: Hoffman, Kookesh and so, CS FOR SENATE BILL NO. 232(FIN) passed the Senate on reconsideration. 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 clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Senator Stedman moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 17 to morning plane time, March 20. Without objection, Senator Stedman was excused. 2006-03-16 Senate Journal Page 2484 Senator French moved and asked unanimous consent to be excused from a call of the Senate to morning plane time on March 20. Without objection, Senator French was excused. Announcements Announcements are at the end of the journal. Engrossment SB 232 CS FOR SENATE BILL NO. 232(FIN) "An Act making appropriations, supplemental appropriations, and capital appropriations; amending appropriations and funding sources; making appropriations to capitalize funds; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 237 CS FOR SENATE BILL NO. 237(FIN) "An Act relating to the compensation of justices and judges, and to increasing the number of superior court judges designated for the third and fourth judicial districts; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration with a Senate Letter of Intent. Enrollment SB 224 SENATE BILL NO. 224 "An Act establishing Older Alaskans' Day" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:24 a.m., March 16, 2006. 2006-03-16 Senate Journal Page 2485 Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 17, 2006. Without objection, the Senate adjourned at 11:59 a.m. Kirsten Waid Secretary of the Senate March 2006 2006-03-16 Senate Journal Page 2486 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 17 Friday Beltz 211 1:30 PM No Meeting Scheduled Mar 20 Monday Beltz 211 1:30 PM No Meeting Scheduled Mar 22 Wednesday Beltz 211 1:30 PM += SB 248 ADMINISTRATIVE BOROUGHS/BOROUGH GRANTS/ Mar 24 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 16 Thursday Senate Finance 532 9:00 AM -- Meeting Canceled -- + Bills Previously Heard/Scheduled Mar 17 Friday Senate Finance 532 9:00 AM + SB 235 SCHOOL PERFORMANCE BONUSES += SB 304 AIRPORT PARKING SHUTTLES/AIRPORT CHARGES + Bills Previously Heard/Scheduled 2006-03-16 Senate Journal Page 2487 FINANCE (continued) Mar 20 Monday Senate Finance 532 9:00 AM + SB 206 DETENTION OF MATERIAL WITNESSES + SB 289 INSURANCE + Bills Previously Heard/Scheduled Mar 21 Tuesday Senate Finance 532 9:00 AM + SB 261 REGULATION OF HWYS; TRAFFIC OFFENSES + SB 271 AUTHORIZE HWY PROGRAM PARTICIPATION + SB 308 ALASKA RAILROAD REVENUE BONDS <Pending Referral> + Bills Previously Heard/Scheduled Mar 22 Wednesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Mar 23 Thursday Senate Finance 532 9:00 AM + SB 222 PROTECTION OF PERSONAL INFORMATION + SB 284 SENTENCING FOR ALCOHOL-RELATED CRIMES + HB 274 PUBLIC ACCOUNTANTS + Bills Previously Heard/Scheduled Mar 24 Friday Senate Finance 532 9:00 AM + SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled Mar 25 Saturday Senate Finance 532 10:00 AM += SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 17 Friday Butrovich 205 1:30 PM No Meeting Scheduled Mar 20 Monday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled 2006-03-16 Senate Journal Page 2488 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Mar 22 Wednesday Butrovich 205 1:30 PM + Confirmation Hearings: Board of Marital & Family Therapy State Medical Board Alaska Mental Health Trust Authority Board of Trustees Board of Certified Direct-Entry Midwives Board of Nursing Board of Examiners in Optometry State Physical Therapy and Occupational Therapy Board Occupational Safety and Health Review Board Professional Teaching Practices Commission Board of Dental Examiners Board of Psychologists and Psychological Associate Examiners Board of Social Work Examiners Mar 24 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 16 Thursday Butrovich 205 8:30 AM + HB 410 REVISOR'S BILL + HB 326 USE OF LEWD MATERIAL AS HARASSMENT + Bills Previously Heard/Scheduled Mar 17 Friday Butrovich 205 8:30 AM No Meeting Scheduled Mar 20 Monday Butrovich 205 8:30 AM No Meeting Scheduled Mar 21 Tuesday Butrovich 205 8:30 AM += HB 318 LIMITATION ON EMINENT DOMAIN + SB 189 REQUIREMENTS FOR DRIVER'S LICENSE/I.D. 2006-03-16 Senate Journal Page 2489 JUDICIARY (continued) Mar 22 Wednesday Butrovich 205 8:30 AM + HB 379 CONTROLLED SUBSTANCES, INCL. ANALOGS + HB 408 DEFINITION OF CHILD ABUSE AND NEGLECT <Pending Referral> + Bills Previously Heard/Scheduled Mar 23 Thursday Butrovich 205 8:30 AM + HB 272 CARD ROOMS & OPERATIONS + Bills Previously Heard/Scheduled Mar 24 Friday Butrovich 205 8:30 AM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 16 Thursday Beltz 211 1:30 PM + SB 273 MOTOR VEHICLE SALES + SB 300 MOTOR VEHICLE NEGATIVE EQUITY Bills Previously Heard/Scheduled Including But Not Limited to: += SB 272 MORTGAGE LENDING <Bill Hearing Postponed> += SB 307 LANDLORD REMEDIES; LATE FEE Mar 21 Tuesday Senate Finance 532 1:30 PM -- Location Change -- + Industry Net Return to General Fund - Presentation by Department of Commerce, Community, and Economic Development and Department of Revenue <Teleconference Listen Only> Bills Previously Heard/Scheduled Including But Not Limited to: Mar 23 Thursday Senate Finance 532 2:30 PM -- Location and Time Change -- + Premera Blue Cross: Overview of State Insurance Contract Award Process -- Teleconference <Listen Only> -- Bills Previously Heard/Scheduled Including But Not Limited to: 2006-03-16 Senate Journal Page 2490 RESOURCES Mar 16 Thursday Butrovich 205 3:30 PM -- Meeting Canceled -- = SB 305 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Mar 17 Friday Butrovich 205 3:30 PM = SB 305 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Administration Comments on Draft Committee Substitute Mar 18 Saturday Butrovich 205 10:00 AM = SB 305 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Major Producers Comments on Draft Committee Substitute Mar 19 Sunday Butrovich 205 1:00 PM = SB 305 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Stakeholders: Explorers & Independents Comments on Draft Committee Substitute Mar 20 Monday Butrovich 205 3:30 PM = SB 305 OIL AND GAS PRODUCTION TAX Mar 21 Tuesday Butrovich 205 3:30 PM = SB 305 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Mar 22 Wednesday Butrovich 205 3:30 PM = SB 305 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Mar 24 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- 2006-03-16 Senate Journal Page 2491 STATE AFFAIRS Mar 16 Thursday Beltz 211 3:30 PM -- Meeting Canceled -- + SCR 22 JT. LEG. OVERSIGHT CMTE FOR ALMR PROJECT Bills Previously Heard/Scheduled Mar 21 Tuesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 23 Thursday Butrovich 205 3:30 PM SCR 21 VIETNAM WAR MEMORIAL:MOVING WALL Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 16 Thursday Butrovich 205 1:30 PM + SB 308 ALASKA RAILROAD REVENUE BONDS Bills Previously Heard/Scheduled Mar 21 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 23 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 17 Friday Butrovich 205 7:30 AM + FY07 Operating Budget ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Mar 21 Tuesday Beltz 211 8:00 AM Budget Detail 2006-03-16 Senate Journal Page 2492 COMMERCE, COMMUNITY & ECONOMIC DEV (continued) Mar 28 Tuesday Beltz 211 8:00 AM Budget Detail Apr 04 Tuesday Beltz 211 8:00 AM Budget Closeout ---------------------------------------- CORRECTIONS Mar 16 Thursday Fahrenkamp 203 4:30 PM Budget Review Mar 28 Tuesday Fahrenkamp 203 4:30 PM Closeout ---------------------------------------- COURT SYSTEM Mar 16 Thursday Fahrenkamp 203 4:00 PM Budget Review Mar 28 Tuesday Fahrenkamp 203 4:00 PM Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 22 Wednesday Senate Finance 532 4:30 PM FY07 Operating Budget Continued Discussion ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 16 Thursday Senate Finance 532 8:00 AM Agency Overview Follow-up ---------------------------------------- 2006-03-16 Senate Journal Page 2493 FISH & GAME Mar 22 Wednesday Senate Finance 532 1:30 PM FY 07 Budget Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 23 Thursday Fahrenkamp 203 4:00 PM Budget Review Mar 30 Thursday Fahrenkamp 203 4:30 PM Closeout ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 16 Thursday Fahrenkamp 203 8:00 AM Budget Priorities Mar 23 Thursday Fahrenkamp 203 8:00 AM FY 07 Budget Closeout ---------------------------------------- LAW Mar 16 Thursday Senate Finance 532 4:30 PM -- Meeting Canceled -- 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 Mar 21 Tuesday Senate Finance 532 8:00 AM FY 07 Budget Closeout ---------------------------------------- 2006-03-16 Senate Journal Page 2494 PUBLIC SAFETY Mar 16 Thursday Butrovich 205 12:00 PM -- Meeting Canceled -- + FY07 Operating Budget Mar 23 Thursday Butrovich 205 12:00 PM + FY07 Operating Budget ---------------------------------------- REVENUE Mar 16 Thursday Senate Finance 532 1:30 PM -- Meeting Canceled -- Budget Detail Mar 23 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 30 Thursday Senate Finance 532 1:30 PM Budget Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 21 Tuesday Fahrenkamp 203 4:00 PM Budget Review Mar 30 Thursday Fahrenkamp 203 4:00 PM Closeout ---------------------------------------- UNIVERSITY OF ALASKA Mar 22 Wednesday Senate Finance 532 9:00 AM FY 07 Operating Budget Detail ---------------------------------------- 2006-03-16 Senate Journal Page 2495 SPECIAL COMMITTEES COMMITTEE ON UNIVERSITY OVERSIGHT Mar 20 Monday Senate Finance 532 5:00 PM -- Teleconference <Listen Only> -- + Presentations by: National Center for Public Policy and Higher Education National Center on Higher Education Managements Systems Mar 21 Tuesday Senate Finance 532 5:00 PM -- Teleconference <Listen Only> -- + Presentations by: National Center for Public Policy and Higher Education Western Interstate Commission on Higher Education ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 29 Wednesday House Finance 519 5:00 PM Minutes Audit Requests Executive Session - Preliminary and Final Audits Other Business ---------------------------------------- LEGISLATIVE COUNCIL Mar 16 Thursday Terry Miller 104 5:00 PM Statute Publishing RFP Subcommittee Executive Session 2006-03-16 Senate Journal Page 2496 LEGISLATIVE COUNCIL (continued) Mar 23 Thursday House Finance 519 5:00 PM Fairbanks Office Space RFP Lease Renewals Late Per Diem Request Ombudsman FY07 Budget Request Anchorage Office Space Lease Mar 30 Thursday House Finance 519 5:00 PM FY05 Legislature Audit Alaska Statehood Celebration Commission Capitol Security ---------------------------------------- OTHER MEETINGS JOINT SESSION Mar 22 Wednesday House Chamber 11:00 AM Address by the Honorable Ted Stevens, U.S. Senator