Legislature(2005 - 2006)

2006-04-10 Senate Journal

Full Journal pdf

2006-04-10                     Senate Journal                      Page 2723
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                SECOND SESSION                                                   
                                                                                                    
Juneau, Alaska                     Monday                     April 10, 2006                      
                                                                                                    
                              Ninety-second 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 Bunde, Guess                                     
were excused from a call of the Senate.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Gary Waterhouse of                                   
the Juneau and Sitka Seventh-Day Adventist Churches. Senator                                        
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
     O God, we acknowledge Your sovereignty in all things. We                                       
     know that it is in You that we live and move and have our                                      
     being.                                                                                         
                                                                                                    
     And it is in deep humility that we invite You to be present in                                 
     this Senate chamber today. We do so, Lord, because we are                                      
     just fallible humans, prone to making mistakes. We are                                         
     limited in our wisdom and vision, but You, O God are infinite                                  
     and unlimited in Your resources and wisdom and vision. And                                     
     so we call upon You for guidance.                                                              
                                                                                                    
     Your wish is for us to prosper and be in good health, and we                                   
     ask for those precious assets today. However, if that                                          
     prosperity wanes and our health vanishes, may we still trust                                   
     in You to see us through.                                                                      
                                                                                                    
     Pour out Your blessings on these men and women as they                                         
     consider the needs and wants of the people of the state of                                     
     Alaska. These things we ask in Thy name.                     Amen.                             

2006-04-10                     Senate Journal                      Page 2724
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the eighty-ninth through ninety-first legislative days be                              
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following Budget and Audit Reports were received from Pat                                       
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                  
are on file in the Office of the Secretary of the Senate:                                           
                                                                                                    
Department of Administration, State Travel Procurement Process,                                     
January 3, 2006                                                                                     
                                                                                                    
University of Alaska, Unit Cost Analysis and Other Selected Issues                                  
Part 2, November 15, 2005                                                                           
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
HB 218                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
218(FIN) "An Act relating to cost recovery fisheries for private                                    
nonprofit hatchery facilities" and recommended it be replaced with                                  
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          218(RES)                                                                                  
                                                                                                    
Signing amend: Senator Wagoner, Chair; Senator Stedman. Signing do                                  
pass: Senators Elton, Ben Stevens.                                                                  
                                                                                                    
The following fiscal information was published today:                                               
          Fiscal Note No. 5, zero, Department of Commerce, Community                               
       and Economic Development                                                                     
                                                                                                    

2006-04-10                     Senate Journal                      Page 2725
     Fiscal Note No. 6, zero, Department of Fish and Game                                           
     Fiscal Note No. 7, zero, Department of Public Safety                                           
     Fiscal Note No. 8, indeterminate, Department of Revenue                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 206                                                                                            
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" was read the second time.                                      
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 2566.                                  
Without objection, CS FOR SENATE BILL NO. 206(FIN) "An Act                                          
relating to contempt of court and to temporary detention and                                        
identification of persons" was adopted.                                                             
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 206(FIN) will                                       
be on the April 12 calendar.                                                                        
                                                                                                    
SB 289                                                                                            
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'                            
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"                                  
was read the second time.                                                                           

2006-04-10                     Senate Journal                      Page 2726
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 2609.                                  
Without objection, CS FOR SENATE BILL NO. 289(FIN) "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 prompt payment of health care insurance claims, to                               
required notice by an insurer, to individual deferred annuities, to                                 
mental health benefits under a health care insurance plan, to the                                   
definitions of 'title insurance limited producer' 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" was adopted.                                                       
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 289(FIN) will                                       
be on the April 12 calendar.                                                                        
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Ed O'Neill                                                                               
Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Gardner                                                                           
                                                                                                    
In Memoriam - Margaret Dorothy "Mickey" Duros                                                       
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
Representative(s) LeDoux                                                                            
                                                                                                    
In Memoriam - Glen E. Jackson                                                                       
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
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.                                                          

2006-04-10                     Senate Journal                      Page 2727
                             Unfinished Business                                                 
                                                                                                    
SB 189                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 189(STA) "An                                          
Act relating to issuance of identification cards and to issuance of                                 
driver's licenses; and providing for an effective date" was not taken up                            
this legislative day and the bill was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
SB 231                                                                                            
Senator Green, Cochair, moved and asked unanimous consent that                                      
Uniform Rule 23 be waived on SENATE BILL NO. 231 "An Act                                            
making appropriations, including capital appropriations and                                         
appropriations to capitalize funds; and providing for an effective date"                            
and for a presentation by bond raters regarding tobacco bond issuance                               
for a Finance Committee meeting at 8:00 a.m. on April 12. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 189                                                                                            
CS FOR SENATE BILL NO. 189(STA) "An Act relating to issuance                                        
of identification cards and to issuance of driver's licenses; and                                   
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., April 12, 2006. Without                               
objection, the Senate adjourned at 11:29 a.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2006                       

2006-04-10                     Senate Journal                      Page 2728
                                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                                            
                                                                                                    
Apr 10        Monday                                Beltz 211         1:30 PM                     
+ HB 395 FIRE SEASON DATES                                                                          
                                                                                                    
Apr 12        Wednesday                             Beltz 211         1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 14        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 10        Monday                    Senate Finance 532            9:00 AM                     
+= SB 305 OIL AND GAS PRODUCTION TAX                                                                
              Question and Answer Panel                                                             
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 10        Monday                    Senate Finance 532           12:00 PM                     
              -- Time Change --                                                                     
+= SB 305 OIL AND GAS PRODUCTION TAX                                                                
              Question and Answer Panel if Necessary                                                
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2006-04-10                     Senate Journal                      Page 2729
                             FINANCE (continued)                                                 
                                                                                                    
Apr 11        Tuesday                   Senate Finance 532            9:00 AM                     
+= HB 365 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                      
+= HB 366 APPROP: MENTAL HEALTH BUDGET                                                              
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 11        Tuesday                   Senate Finance 532            1:00 PM                     
              -- Time Change --                                                                     
+= HB 365 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                      
+= HB 366 APPROP: MENTAL HEALTH BUDGET                                                              
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 12        Wednesday                 Senate Finance 532            8:00 AM                     
              -- Time Change --                                                                     
              -- Agenda Change --                                                                   
+= SB 305 OIL AND GAS PRODUCTION TAX                                                                
              <Above Item Removed from Agenda>                                                      
              Uniform Rule 23 Waived                                                                
              Presentation by Bond Raters Regarding                                                 
              Tobacco Bond Issuance                                                                 
+ SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS                                                     
              ALMR                                                                                  
              Statewide Information Technology Request                                              
              Governor's Priority Projects                                                          
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 12        Wednesday                 Senate Finance 532            1:00 PM                     
              -- Time Change --                                                                     
+= SB 305 OIL AND GAS PRODUCTION TAX                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 13        Thursday                  Senate Finance 532            1:00 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 14        Friday                    Senate Finance 532            1:00 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 10        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  

2006-04-10                     Senate Journal                      Page 2730
               HEALTH, EDUCATION & SOCIAL SERVICES (continued)                                   
                                                                                                    
Apr 12        Wednesday                       Butrovich 205           1:30 PM                     
+ SB 313 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE                                                   
+= SB  48 PSYCH. EVALUATION/TREATMENT FOR STUDENTS                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 14        Friday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 10        Monday                          Butrovich 205           8:30 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 11        Tuesday                         Butrovich 205           8:30 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 12        Wednesday                       Butrovich 205           8:30 AM                     
+= HB 318 LIMITATION ON EMINENT DOMAIN                                                              
+= SB 134 POLICE INVESTIGATION STANDARDS/ARRESTS                                                    
+ HB 441 THERAPEUTIC COURT FOR DUI                                                                  
                                                                                                    
Apr 13        Thursday                        Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 14        Friday                          Butrovich 205           8:30 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 11        Tuesday                               Beltz 211         1:30 PM                     
+ HB 439 INSURANCE PRODUCT REGULATION COMPACT                                                       
+ SB 282 BROADCASTING PROMOTING CHARITABLE GAMING                                                   
+= HB 122 NATIONAL GUARD INSURANCE & OTHER RELIEF                                                   
              Confirmation:                                                                         
              Board of Chiropractic Examiners                                                       
              Jeffrey Garness                                                                       
              Bills Previously Heard/Scheduled                                                      
              Including But Not Limited to:                                                         
+= SB 311 ATHLETIC COMMISSION; BOXING & WRESTLING                                                   
+= SB 312 CONCERT OR ATHLETIC EVENT PROMOTERS                                                       
+= SB 309 CONSTR. TRAINING GRANT;UNEMPLOYMENT COMP.                                                 

2006-04-10                     Senate Journal                      Page 2731
                         LABOR & COMMERCE (continued)                                            
                                                                                                    
Apr 13        Thursday                              Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 10        Monday                          Butrovich 205           3:30 PM                     
+             Confirmations:                                                                        
              Big Game Commercial Services Board -                                                  
              Roy Ashenfelter, Robert Mumford,                                                      
              Leif Wilson, Ralph Anderson, Colin Brown,                                             
              Paul Johnson, Richard Rohrer, BJ Schmitz                                              
              Board of Fish -                                                                       
              Bonnie Williams                                                                       
              Board of Game -                                                                       
              Cliff Judkins, Richard Burley,                                                        
              Paul Johnson                                                                          
                                                                                                    
Apr 12        Wednesday                       Butrovich 205           3:30 PM                     
+= SB 166 WILDLIFE  CONSERVATION TAG                                                                
+= SB 170 BD/DEPT OF FISH & GAME POWERS & DUTIES                                                    
+ SB 278 ALASKA CLIMATE CHANGE TASK FORCE                                                           
                                                                                                    
Apr 14        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 11        Tuesday                         Butrovich 205           3:30 PM                     
+ SB 234 COMMUNITY DIVIDEND PROGRAM                                                                 
              Confirmation Hearing:                                                                 
              Alaska Human Rights Commission                                                        
              Randy Eledge                                                                          
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 13        Thursday                        Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2006-04-10                     Senate Journal                      Page 2732
                                TRANSPORTATION                                                   
                                                                                                    
Apr 11        Tuesday                         Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 13        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                              SPECIAL COMMITTEES                                                 
                                                                                                    
                      COMMITTEE ON UNIVERSITY OVERSIGHT                                          
                                                                                                    
Apr 10        Monday                    Senate Finance 532            5:00 PM                     
              -- Teleconference <Listen Only> --                                                    
              University of Alaska Presentation                                                     
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Apr 11        Tuesday                      Terry Miller 104           6:00 PM                     
              Statute RFP Subcommittee                                                              
              Executive Session                                                                     
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 04        Thursday                     House Chamber            11:00 AM                      
              Confirmation of Governor's Appointees