Legislature(2005 - 2006)
2006-03-24 Senate Journal
Full Journal pdf2006-03-24 Senate Journal Page 2561 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Friday March 24, 2006 Seventy-fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:23 a.m. The roll showed nineteen members present. Senator Dyson was absent. The prayer was offered by the Chaplain, Father Tony Dummer of St. Paul's Catholic Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord God, we bless You and are filled with gratitude for the numerous gifts, the countless blessings, that come to us from You. Your blessings come in times of joy, in times of victory, success and honor, and they come as well in times of pain and sorrow, in sickness and defeat, Your blessings, however, come always as life. We take delight in our eyes, in our ears, arms and legs. We find joy in holidays and vacations, and in our work as well. We thank You, Lord of Gifts, for friendships, family and fun. In winning and in losing in being last as well as first we take delight in the challenge and adventure of Your great gift of life. 2006-03-24 Senate Journal Page 2562 Lord, we thank You for all the gifts that flow fully, day and night into our lives. Today, with full hearts, in the company of each other and of all who have walked these halls before us we bless You for all the good that has come to us. Blessed are You, Lord our God, who in the richness of Your divine love, bless us with good things. Senator Elton led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the seventy-third and seventy-fourth legislative days and House and Senate Joint Journal Supplement No. 14 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SB 224 Message dated and received March 23 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 224 "An Act establishing Older Alaskans' Day." Chapter 8, SLA 2006 Effective Date: 06/21/2006 HB 81 Message dated and received March 23 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2006-03-24 Senate Journal Page 2563 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." Chapter 9, SLA 2006 Effective Date: 06/21/2006 Messages from the House Message dated March 22 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 300 CS FOR HOUSE BILL NO. 300(O&G) BY THE HOUSE SPECIAL COMMITTEE ON OIL AND GAS, entitled: "An Act relating to the qualifications of the member of the Alaska Oil and Gas Conservation Commission who need not be certified, trained, or experienced in either the field of petroleum engineering or the field of petroleum geology." was read the first time and referred to the State Affairs and Resources Committees. 2006-03-24 Senate Journal Page 2564 HB 395 CS FOR HOUSE BILL NO. 395(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the period of the fire season; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and Resources Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: 2002/2003 Annual Report of the Alaska Behavioral Risk Factor Study Health Risks in Alaska Among Adults from Rebecca S. Wells, Division of Public Health Department of Health and Social Services available at: www.hss.state.ak.us/dph/chronic/hsl/brfss/pubs/brfss0203.pdf Alaska Court System 2005 Annual Report from Stephanie J. Cole, Administrative Director Standing Committee Reports Report dated March 22 was read, stating: In accordance with AS 39.05.080, the Health, Education and Social Services Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Board of Marital and Family Therapy Vivian C. Finlay Curtis C. Schlosser Dorothy (Dottie) Vanmeter Stanton Patricia A. White 2006-03-24 Senate Journal Page 2565 State Medical Board Edward A. Hall Nancy Puckett Kevin M. Tomera Alaska Mental Health Trust Authority Board of Trustees Laraine L. Derr Board of Certified Direct-Entry Midwives Mila (Melinda) A. Cosgrove Barbara Norton Holly M. Steiner Board of Nursing JoAnne Bell-Graves Catherine A. Giessel Board of Examiners in Optometry Dennis A. Swarner State Physical Therapy and Occupational Therapy Board Julius S. Brecht Occupational Safety and Health Review Board Timothy O. Sharp Thomas A. Trosvig Professional Teaching Practices Commission Craig Baker Bonnie C. Gaborik Linda L. Gillam Black Board of Dental Examiners Dr. Kevin L. Gottlieb, DDS Board of Psychologist and Psychological Associate Examiners Dr. Lorin L. Bradbury Board of Social Work Examiners Gail La Rose-Henderson 2006-03-24 Senate Journal Page 2566 There were no stated objections to the confirmations of the named individuals by committee members. This does not reflect intent by any of the members to vote for or against the individuals during any further sessions. Signing the report: Senator Dyson, Chair; Senators Green, Wilken, Olson, Elton. SB 206 The Finance Committee considered SENATE BILL NO. 206 "An Act relating to material witnesses; and amending Rule 58.1, Alaska Rules of Civil Procedure, and Rule 204, Alaska Rules of Appellate Procedure" and recommended it be replaced with CS FOR SENATE BILL NO. 206(FIN) "An Act relating to contempt of court and to temporary detention and identification of persons." Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde, Dyson, Stedman. Signing no recommendation: Senators Hoffman, Olson. The following fiscal information was published today: Fiscal Note No. 5, zero, Department of Administration Fiscal Note No. 6, zero, Department of Corrections Fiscal Note No. 7, zero, Department of Law Fiscal Note No. 8, zero, Department of Administration The bill was referred to the Rules Committee. SB 214 The State Affairs Committee considered SENATE BILL NO. 214 "An Act making appropriations for energy assistance and weatherization; and providing for an effective date." Signing do pass: Senator Therriault, Chair; Senator Huggins. Signing amend: Senator Davis. The bill was referred to the Finance Committee. 2006-03-24 Senate Journal Page 2567 SB 215 The State Affairs Committee considered SENATE BILL NO. 215 "An Act relating to the energy dividend for 2005; and providing for an effective date." Signing do pass: Senator Therriault, Chair; Senator Huggins. Signing amend: Senator Davis. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue The bill was referred to the Finance Committee. SB 274 The State Affairs Committee considered SENATE BILL NO. 274 "An Act relating to the disposition of surplus firearms by the state" and recommended it be replaced with CS FOR SENATE BILL NO. 274(STA) "An Act relating to the disposition of forfeited, surplus, and unclaimed firearms by the state." Signing do pass: Senator Therriault, Chair; Senator Huggins. Signing no recommendation: Senator Davis. The following fiscal information was published today: Fiscal Note No. 1, Department of Administration Fiscal information forthcoming. The bill was referred to the Finance Committee. SB 284 The Finance Committee considered SENATE BILL NO. 284 "An Act relating to sentencing for the commission of a felony while under the influence of alcohol" and recommended it be replaced with CS FOR SENATE BILL NO. 284(FIN) "An Act relating to sentencing for the commission of certain offenses influenced by alcohol and to the offense of consumption of alcohol in violation of sentence." 2006-03-24 Senate Journal Page 2568 Signing do pass: Senators Wilken, Green, Cochairs; Senator Bunde. Signing no recommendation: Senators Hoffman, Olson, Stedman. The following fiscal information was published today: Fiscal Note No. 3, indeterminate, Alaska Court System Fiscal Note No. 4, indeterminate, Department of Corrections The following previously published fiscal information applies: Fiscal Note No. 1, indeterminate, Department of Administration Fiscal Note No. 2, indeterminate, Department of Administration The bill was referred to the Rules Committee. HB 274 The Finance Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 274(FIN) "An Act relating to the practice of accounting; and providing for an effective date." Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde, Hoffman. Signing no recommendation: Senator Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SCR 21 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 21 Relating to the Vietnam War, to veterans, and to the Vietnam War memorial entitled "The Moving Wall" and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 21(STA) Relating to the Vietnam War, to veterans and their families, and to the Vietnam War memorial entitled "The Moving Wall." Signing do pass: Senator Therriault, Chair; Senators Davis, Huggins. 2006-03-24 Senate Journal Page 2569 The following fiscal information was published today: Fiscal Note No. 1, zero, Senate State Affairs Committee The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 311 SENATE BILL NO. 311 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to the athletic commission and the commissioner of athletics; and relating to boxing, sparring, and wrestling contests, matches, and exhibitions." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 312 SENATE BILL NO. 312 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to the promotion of live public events for which tickets are sold in advance." was read the first time and referred to the Labor and Commerce and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 200 SENATE BILL NO. 200 "An Act relating to defense of self, other persons, and property" was read the second time. 2006-03-24 Senate Journal Page 2570 Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 2056. Without objection, CS FOR SENATE BILL NO. 200(JUD) "An Act relating to defense of self, other persons, property, or services was adopted. President Stevens stated CS FOR SENATE BILL NO. 200(JUD) will be on the March 27 calendar. Second Reading of House Bills HB 410 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" was read the second time. Senator Gary Stevens moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 410(JUD) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 410(JUD) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Cowdery, Davis, Ellis, Elton, French, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Green Absent: Dyson, Olson and so, CS FOR HOUSE BILL NO. 410(JUD) passed the Senate. 2006-03-24 Senate Journal Page 2571 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. Third Reading of Senate Bills SB 250 SENATE BILL NO. 250 was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: SB 250 Third Reading - Final Passage YEAS: 16 NAYS: 2 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Cowdery, Davis, French, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis, Elton Absent: Dyson, Olson and so, SENATE BILL NO. 250 passed the Senate. Senator Elton gave notice of reconsideration. Citations Honoring - Alaska Tanker Company 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 2006-03-24 Senate Journal Page 2572 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 citations be made a special order of business. Without objection, it was so ordered. Special Order of Business In Memoriam - Joseph R. Cumming Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Margaret Shinobu Awamura Inouye Representative(s) Harris Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, 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. Unfinished Business Senator Stedman moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time today to morning plane time, March 27. Without objection, Senator Stedman was excused. Senator Gary Stevens moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 31 to morning plane time, April 3. Without objection, Senator Gary Stevens was excused. Senator Davis moved and asked unanimous consent to be excused from a call of the Senate on March 27 to morning plane time on March 28. Without objection, Senator Davis was excused. 2006-03-24 Senate Journal Page 2573 Senator Seekins moved and asked unanimous consent to be excused from a call of the Senate from today to morning plane time, March 27. Without objection, Senator Seekins 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 27, 2006. Without objection, the Senate adjourned at 11:52 a.m. Kirsten Waid Secretary of the Senate March 2006 2006-03-24 Senate Journal Page 2574 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 24 Friday Beltz 211 1:30 PM No Meeting Scheduled Mar 27 Monday Beltz 211 1:30 PM No Meeting Scheduled Mar 29 Wednesday Beltz 211 1:30 PM += SB 248 ADMINISTRATIVE BOROUGHS/BOROUGH GRANTS/ Mar 31 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 24 Friday Senate Finance 532 9:00 AM + SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> <Above Bill Hearing Canceled> += SB 284 SENTENCING FOR ALCOHOL-RELATED CRIMES Electronic Commerce Pilot Program Overview <Testimony by Invitation Only> + Bills Previously Heard/Scheduled 2006-03-24 Senate Journal Page 2575 FINANCE (continued) Mar 25 Saturday Senate Finance 532 10:00 AM -- Meeting Canceled -- += SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled Mar 27 Monday Senate Finance 532 9:00 AM + SB 310 EMPLOYMENT OF PRISONERS += SB 289 INSURANCE <Above Bill Hearing Canceled> + SB 189 REQUIREMENTS FOR DRIVER'S LICENSE/I.D. + Bills Previously Heard/Scheduled Mar 28 Tuesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Mar 29 Wednesday Senate Finance 532 9:00 AM += SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled Mar 30 Thursday Senate Finance 532 9:00 AM += SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled Mar 31 Friday Senate Finance 532 9:00 AM += SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled Apr 01 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 24 Friday Butrovich 205 1:30 PM -- Meeting Canceled -- + Bills Previously Heard/Scheduled 2006-03-24 Senate Journal Page 2576 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Mar 27 Monday Butrovich 205 1:30 PM += SB 281 SCHOOL DIST. ENROLLMENT SHARING/CORRESPON + HJR 31 FETAL ALCOHOL SPECTRUM DISORDERS DAY + HCR 5 FLUORIDATION + Bills Previously Heard/Scheduled Mar 29 Wednesday Butrovich 205 1:30 PM + Overview Update: Avian Flu Department of Environmental Conservation Department of Fish and Game Department of Health and Social Services + Bills Previously Heard/Scheduled Mar 31 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 24 Friday Butrovich 205 8:30 AM No Meeting Scheduled Mar 27 Monday Butrovich 205 8:30 AM No Meeting Scheduled Mar 28 Tuesday Butrovich 205 8:30 AM += HB 318 LIMITATION ON EMINENT DOMAIN += HB 408 DEFINITION OF CHILD ABUSE AND NEGLECT Mar 29 Wednesday Butrovich 205 8:30 AM + HB 343 HARASSMENT/ASSAULT/STALKING += HB 272 CARD ROOMS & OPERATIONS + Bills Previously Heard/Scheduled Mar 30 Thursday Butrovich 205 8:30 AM + Bills Previously Heard/Scheduled Mar 31 Friday Butrovich 205 8:30 AM No Meeting Scheduled ---------------------------------------- 2006-03-24 Senate Journal Page 2577 LABOR & COMMERCE Mar 28 Tuesday Beltz 211 1:30 PM + SB 241 JOINT INSURANCE ARRANGEMENTS + SB 309 CONSTR. TRAINING GRANT;UNEMPLOYMENT COMP. + Confirmation of Governor's Appointees: <Teleconference Listen Only> Board of Barbers and Hairdressers - Cody Downs,Charlette Lushin,Alice Massie Real Estate Appraisers - William Larick Alaska Workers Compensation Board - Robert Morigeau, Debra Norum, Jeffrey Pruss, H. Bardie Scarbrough, Damian Thomas, Robert Weel Alaska Labor Relations Agency - Dennis Niedermeyer Board of Marine Pilots - Les Cronk Personnel Board - Alfred Tamagni, Sr. Bills Previously Heard/Scheduled Including But Not Limited to: += SB 307 LANDLORD REMEDIES; LATE FEE += SB 300 MOTOR VEHICLE NEGATIVE EQUITY Mar 30 Thursday Beltz 211 1:30 PM + Bills Previously Heard/Scheduled Including But Not Limited to: ---------------------------------------- RESOURCES Mar 24 Friday Butrovich 205 10:00 AM -- Recessed to 2:00 pm -- = SB 305 OIL AND GAS PRODUCTION TAX Above Bill continued from 03/23/06 Mtg Mar 24 Friday Butrovich 205 3:30 PM No Meeting Scheduled 2006-03-24 Senate Journal Page 2578 RESOURCES (continued) Mar 27 Monday Butrovich 205 3:30 PM = SB 305 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Mar 29 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 31 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Mar 28 Tuesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 30 Thursday Butrovich 205 3:30 PM + HB 245 VETERANS' VEHICLE PLATES/FEES/TAXES Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 28 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 30 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV Mar 28 Tuesday Beltz 211 8:00 AM Budget Detail Apr 04 Tuesday Beltz 211 8:00 AM Budget Closeout ---------------------------------------- 2006-03-24 Senate Journal Page 2579 CORRECTIONS Mar 28 Tuesday Fahrenkamp 203 4:30 PM Closeout ---------------------------------------- COURT SYSTEM Mar 28 Tuesday Fahrenkamp 203 4:00 PM Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 29 Wednesday Senate Finance 532 4:30 PM FY07 Operating Budget Closeout ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 29 Wednesday Senate Finance 532 7:45 AM Budget Closeout ---------------------------------------- FISH & GAME Mar 29 Wednesday Senate Finance 532 1:30 PM -- Rescheduled from 03/22/06 -- FY 07 Budget Closeout ---------------------------------------- GOVERNOR Mar 29 Wednesday Senate Finance 532 4:00 PM Budget Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 30 Thursday Fahrenkamp 203 4:30 PM Closeout 2006-03-24 Senate Journal Page 2580 LAW Mar 30 Thursday Senate Finance 532 4:30 PM Budget Closeout ---------------------------------------- LEGISLATURE Mar 29 Wednesday Senate Finance 532 3:30 PM Budget Closeout ---------------------------------------- REVENUE Mar 30 Thursday Senate Finance 532 1:30 PM Budget Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 30 Thursday Fahrenkamp 203 4:00 PM Closeout ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 29 Wednesday House Finance 519 5:00 PM -- Meeting Canceled -- Minutes Audit Requests Executive Session - Preliminary and Final Audits Other Business Apr 04 Tuesday House Finance 519 5:30 PM Audit Requests Executive Session - Preliminary and Final Audits Other Business ---------------------------------------- 2006-03-24 Senate Journal Page 2581 LEGISLATIVE COUNCIL Mar 30 Thursday House Finance 519 5:00 PM FY05 Legislature Audit Alaska Statehood Celebration Commission Capitol Security ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Mar 29 Wednesday Butrovich 205 12:00 PM "Prevention - Whole Body Health" A light lunch will be served.