Legislature(2005 - 2006)
2006-03-27 Senate Journal
Full Journal pdf2006-03-27 Senate Journal Page 2587 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday March 27, 2006 Seventy-eighth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:08 a.m. The roll showed eighteen members present. Senator Davis was excused from a call of the Senate. Senator Stedman was absent. The prayer was offered by the Chaplain, The Reverend Mark Boesser of the Episcopal Church. Senator Bunde moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. As we pause on the last Monday in March, Seward's Day, to commemorate the signing of the treaty by which the United States bought Alaska from Russia, tune in with me for a moment on a few of the voices raised in opposition to Seward's attempt to facilitate the purchase, voices of ridicule, sarcasm, mockery and scorn. "Seward's Folly" was one of them, like, "Absolutely Ridiculous!" "Seward's Icebox" was another, the derisive name given to the Alaska territory during the battle between Secretary of State William H. Seward and the United States Congress over the purchase. Other satirical names, voiced, I imagine, with great glee, were "Icebergia," "Polaria," and "Walrussia." Critics of the purchase also chastised the President of the United States, Andrew Johnson, by referring to the Alaska territory as "Johnson's Polar Bear Garden," all clues to just how difficult a case it was to make. 2006-03-27 Senate Journal Page 2588 Still, in spite of everything, Seward persevered, and finally prevailed. Otherwise, well, let's not even think about it! Instead, maybe that can key our brief prayer this morning: For the persevering work of William Seward and those with him, against considerable odds, thanks be to God. Amen. Senator French led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the seventy-fifth through seventy-seventh legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House The presence of Senator Stedman was noted. SCR 25 Message dated March 24 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 25 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 489, relating to the treatment of charity events by the Alaska Public Offices Commission and under the law governing legislative ethics. The resolution was referred to the Secretary for enrollment. 2006-03-27 Senate Journal Page 2589 HB 489 Message dated March 24 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 489(RLS) "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," thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 489(STA) "An Act relating to the treatment of charity events by the Alaska Public Offices Commission and under the law governing legislative ethics; relating to a legislative employee's soliciting, accepting, or receiving a gift on behalf of a charitable organization; and providing for an effective date." (Title change SCR 25) Messages dated March 24 and March 27 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 12 CS FOR HOUSE BILL NO. 12(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to televisions, monitors, portable computers, and similar devices in motor vehicles; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. HB 400 CS FOR HOUSE BILL NO. 400(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to confiscation of firearms during disaster emergencies." was read the first time and referred to the Judiciary and Finance Committees. 2006-03-27 Senate Journal Page 2590 Standing Committee Reports SB 189 The Finance Committee considered SENATE BILL NO. 189 "An Act relating to issuance of identification cards and to issuance of driver's licenses" and recommended the adoption of the State Affairs Committee Substitute offered on page 2100. Signing do pass: Senators Wilken, Green, Cochairs; Senators Dyson, Stedman. Signing no recommendation: Senator Hoffman. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Administration The bill was referred to the Rules Committee. SB 310 The Finance Committee considered SENATE BILL NO. 310 "An Act relating to the employment of prisoners; and providing for an effective date." Signing do pass: Senators Wilken, Green, Cochairs; Senators Dyson, Stedman. Signing no recommendation: Senator Hoffman. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Labor and Workforce Development Fiscal Note No. 2, Department of Corrections The bill was referred to the Rules Committee. Consideration of the Calendar Third Reading of Senate Bills SB 200 CS FOR SENATE BILL NO. 200(JUD) "An Act relating to defense of self, other persons, property, or services" was read the third time. Senator Guess moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. 2006-03-27 Senate Journal Page 2591 Senator Guess offered Amendment No. 1 : Page 2, lines 22 - 27: Delete all material and insert: "(C) acting alone or with others in revenge for, retaliation for, or response to actual or perceived conduct by a rival or perceived rival, or a member or perceived member of a rival group, if the person using deadly force, or the group on whose behalf the person is acting, has a history or reputation for violence among civilians; or" Senator Guess moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 200(JUD) Second Reading Amendment No. 1 YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 200(JUD) am was automatically in third reading. Senator French moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator French offered Amendment No. 2 : Page 4, line 24: Delete "(1)" 2006-03-27 Senate Journal Page 2592 Page 4, line 27: Delete ";" Insert "." Page 4, lines 28 - 31: Delete all material. Senator French moved for the adoption of Amendment No. 2. Senator Gary Stevens objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 200(JUD) am Second Reading Amendment No. 2 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson Nays: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Davis and so, Amendment No. 2 failed. CS FOR SENATE BILL NO. 200(JUD) am was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 200(JUD) am "An Act relating to defense of self, other persons, property, or services" pass the Senate?" The roll was taken with the following result: CSSB 200(JUD) am Third Reading - Final Passage YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, French, Green, Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Elton, Kookesh Excused: Davis 2006-03-27 Senate Journal Page 2593 and so, CS FOR SENATE BILL NO. 200(JUD) am passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Gabrielle "Rosey" Fletcher Senator(s) Bunde, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Myrna McLaughlin Representative(s) McGuire Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - The Fraternal Order of the Alaska State Troopers Representative(s) McGuire Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Sione Matakaiongo Tupou Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Roger Kendall Graves Representative(s) 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. 2006-03-27 Senate Journal Page 2594 Unfinished Business SB 250 The reconsideration on 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" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 410 The reconsideration on 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 not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. Senator Dyson moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, April 13 to afternoon plane time, April 18. Without objection, Senator Dyson was excused. Announcements Announcements are at the end of the journal. Engrossment SB 200 CS FOR SENATE BILL NO. 200(JUD) am "An Act relating to defense of self, other persons, property, or services" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 250 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2006-03-27 Senate Journal Page 2595 Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 29, 2006. Without objection, the Senate adjourned at 11:41 a.m. Kirsten Waid Secretary of the Senate March 2006 2006-03-27 Senate Journal Page 2596 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 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 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 -- Meeting Canceled -- + 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 2006-03-27 Senate Journal Page 2597 FINANCE (continued) 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 27 Monday Butrovich 205 1:30 PM += SB 281 SCHOOL DIST. ENROLLMENT SHARING/CORRESPON <Above Bill Hearing Canceled> + 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 27 Monday Butrovich 205 8:30 AM No Meeting Scheduled 2006-03-27 Senate Journal Page 2598 JUDICIARY (continued) 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 ---------------------------------------- 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 2006-03-27 Senate Journal Page 2599 JUDICIARY (continued) Mar 30 Thursday Beltz 211 1:30 PM + Bills Previously Heard/Scheduled Including But Not Limited to: ---------------------------------------- RESOURCES 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 2006-03-27 Senate Journal Page 2600 COMMERCE, COMMUNITY & ECONOMIC DEV (continued) Apr 04 Tuesday Beltz 211 8:00 AM Budget Closeout ---------------------------------------- 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 2006-03-27 Senate Journal Page 2601 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 ---------------------------------------- 2006-03-27 Senate Journal Page 2602 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.