Legislature(2005 - 2006)
2006-04-18 Senate Journal
Full Journal pdf2006-04-18 Senate Journal Page 2789 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Tuesday April 18, 2006 One Hundredth Day Pursuant to adjournment the Senate was called to order by President Stevens at 3:11 p.m. The roll showed twenty members present. The prayer was offered by the Chaplain, David Dierdorff of the Juneau Unitarian Universalist Fellowship. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. We have just completed a long weekend in which Christians celebrated Easter, Jews celebrated Passover, and Muslims celebrated the birthday of Mohammed. In the spirit of the season, please join me in reverence. Spirit of life and love, God of many names, be present with us this hour. Join us today as the men and women of the Alaska Senate gather in a search for the answers to the issues before them. In their quest, may they greet one another with open hearts and minds, may they inspire each other to consider new questions and seek deeper meaning; and may they cultivate wisdom and compassion. And may all that is done and said here today be in service to love and justice. So be it. Amen. 2006-04-18 Senate Journal Page 2790 Senator Wagoner led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the ninety-fifth through ninety-ninth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SCR 24 Message dated and received April 14 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 24 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 92, relating to the purchase of interests in nonprofit corporations by the University of Alaska. Legislative Resolve No. 32 HCR 40 Message dated and received April 18 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 40 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 218, sex offenses and child kidnapping, crimes, and sentencing. Legislative Resolve No. 33 2006-04-18 Senate Journal Page 2791 Letter dated April 17 and received April 18 was read, stating in accordance with AS 39.05.080, I submit the following name for legislative confirmation of appointment to the position noted: Regulatory Commission of Alaska Janis Wilson - Anchorage Appointed: 4/10/2006 Term Expires: 3/1/2012 The resume for this appointment has been submitted to the Offices of the Senate Secretary and the Chief Clerk. The appointment was referred to the Labor and Commerce Committee. Messages from the House Message dated April 13 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 30 CS FOR HOUSE CONCURRENT RESOLUTION NO. 30(FIN) am BY THE HOUSE FINANCE COMMITTEE, Creating an Alaska Climate Impact Assessment Commission. was read the first time and referred to the Resources and Finance Committees. Standing Committee Reports HB 441 Corrected Judiciary Committee Substitute (page 2744) for CS FOR HOUSE BILL NO. 441(FIN) "An Act relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence; relating to court-ordered treatment programs for certain offenders and offenses; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date" was received today: 2006-04-18 Senate Journal Page 2792 SENATE CS FOR CS FOR HOUSE BILL NO. 441(JUD) "An Act relating to criminal sentencing; relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence; relating to court-ordered treatment programs for certain offenders and offenses; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date." (Title change SCR 27) Special Committee Reports HB 149 The following report was received and distributed at 11:45 a.m., April 18: April 12, 2006 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S(ct rule fld S) and CS FOR HOUSE BILL NO. 149(FIN) am and recommends CONFERENCE CS FOR HOUSE BILL NO. 149 "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date." be adopted. 2006-04-18 Senate Journal Page 2793 Signing the report: Senator Seekins, Chair, Senators Bunde, French; Representative Coghill, Chair, Representatives Stoltze, Crawford. The following fiscal information was published today: Fiscal Note No. 13, zero, Department of Law Fiscal Note No. 14, indeterminate, Department of Administration Fiscal Note No. 15, indeterminate, Department of Administration Fiscal Note No. 16, indeterminate, Alaska Court System Fiscal Note No. 17, Department of Public Safety The following previously published fiscal information applies: Fiscal Note No. 8, zero, Department of Health and Social Services Fiscal Note No. 10, zero, Department of Public Safety Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 149. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 149 "An Act relating to controlled substances; relating to the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; relating to the manufacture of methamphetamine and to the sale, possession, and delivery of certain substances and precursors used in the manufacture of methamphetamine; relating to listing certain anabolic steroids as controlled substances; and providing for an effective date"?" The roll was taken with the following result: CCS HB 149 Shall the Senate Adopt the Conference Committee Report on CCS HB 149? Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wilken Nays: Ellis, Wagoner and so, the report was adopted. 2006-04-18 Senate Journal Page 2794 Senator Gary Stevens moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. Consideration of the Calendar Citations Honoring - Ketchikan First City Players Representative(s) Elkins Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Gary Stevens, Therriault, Wagoner, Wilken Honoring - John Pleasant - VPSO Officer of the Year 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 Honoring - Ketchikan Citizen of the Year Award, Sherrie Slick Representative(s) Elkins Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Carroll John (Caje) Holst Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Kerttula, Weyhrauch In Memoriam - Charles R. "Bob" Hirsch Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Kerttula, Weyhrauch 2006-04-18 Senate Journal Page 2795 In Memoriam - James Arness Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken Representative(s) Chenault 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 SB 232 Senator Gary Stevens moved and asked unanimous consent that the Conference Committee report on CONFERENCE CS FOR SENATE BILL NO. 232 "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" which had been held on the Secretary's desk (page 2759) be brought up at this time. Without objection, it was so ordered. Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 232. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 232 "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"?" The roll was taken with the following result: CCS SB 232 Shall the Senate Adopt the Conference Committee Report on CCS SB 232? Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, Green, Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis, French, Guess, Kookesh 2006-04-18 Senate Journal Page 2796 and so, the report was adopted. Senator Gary Stevens moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for engrossment and enrollment. 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., April 19, 2006. Without objection, the Senate adjourned at 3:28 p.m. Kirsten Waid Secretary of the Senate April 2006 2006-04-18 Senate Journal Page 2797 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 19 Wednesday Beltz 211 1:30 PM + HB 392 SOLID WASTE MANAGEMENT AUTHORITIES + HB 334 MUNICIPAL PROPERTY TAX DEFERRAL/EXEMPTION Apr 21 Friday Beltz 211 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Apr 18 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Apr 19 Wednesday Senate Finance 532 9:00 AM += SB 305 OIL AND GAS PRODUCTION TAX + Bills Previously Heard/Scheduled Apr 19 Wednesday Senate Finance 532 1:00 PM -- Time Change -- + SB 305 OIL AND GAS PRODUCTION TAX + Bills Previously Heard/Scheduled Apr 20 Thursday Senate Finance 532 9:00 AM + HB 471 KNIK ARM BRIDGE AND TOLL AUTHORITY + SB 1 INCREASE AMT OF BASE STUDENT ALLOCATION += SB 188 BULK FUEL REVOLVING LOAN FUND CAP + Bills Previously Heard/Scheduled 2006-04-18 Senate Journal Page 2798 FINANCE (continued) Apr 20 Thursday Senate Finance 532 1:00 PM -- Time Change -- + SJR 19 TASK FORCE ON HOSPITAL INFECTIONS += SB 271 AUTHORIZE HWY PROGRAM PARTICIPATION + SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE + Bills Previously Heard/Scheduled Apr 21 Friday Senate Finance 532 9:00 AM += SB 305 OIL AND GAS PRODUCTION TAX + Bills Previously Heard/Scheduled Apr 21 Friday Senate Finance 532 1:00 PM -- Time Change -- += SB 305 OIL AND GAS PRODUCTION TAX + Bills Previously Heard/Scheduled Apr 22 Saturday Senate Finance 532 9:00 AM + HB 357 STATUTORY REFERENCES TO DISABILITIES + HB 394 INSURANCE POLICIES IN FOREIGN LANGUAGES + HB 400 CONFISCATION OF FIREARMS + HB 408 DEFINITION OF CHILD ABUSE AND NEGLECT + Bills Previously Heard/Scheduled Apr 24 Monday Senate Finance 532 9:00 AM += SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS + Bills Previously Heard/Scheduled Apr 25 Tuesday Senate Finance 532 9:00 AM += SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS <Agency Testimony> + Bills Previously Heard/Scheduled Apr 26 Wednesday Senate Finance 532 9:00 AM + SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS <Agency Testimony> + Bills Previously Heard/Scheduled 2006-04-18 Senate Journal Page 2799 FINANCE (continued) Apr 27 Thursday Senate Finance 532 5:00 PM -- Time Change -- += SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS <Public Testimony> + Bills Previously Heard/Scheduled Apr 28 Friday Senate Finance 532 5:00 PM -- Time Change -- += SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS <Public Testimony> + Bills Previously Heard/Scheduled Apr 29 Saturday Senate Finance 532 9:00 AM += SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 19 Wednesday Butrovich 205 1:30 PM + OVERVIEW: The Whole Village Project += SB 281 SCHOOL DIST. ENROLLMENT SHARING/CORRESPON + SCR 28 TECHNOLOGY FOR DISTANCE EDUCATION + Bills Previously Heard/Scheduled Apr 21 Friday Butrovich 205 1:30 PM + HB 442 HEALTH CARE DECISIONS + SB 287 POSTSECONDARY TUITION FOR FOSTER CHILDREN + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 18 Tuesday Butrovich 205 8:30 AM No Meeting Scheduled Apr 19 Wednesday Butrovich 205 8:30 AM + SB 307 LANDLORD REMEDIES; LATE FEE + SB 316 COURT REVIEW OF STRANDED GAS DECISION 2006-04-18 Senate Journal Page 2800 JUDICIARY (continued) Apr 20 Thursday Butrovich 205 8:30 AM + SB 313 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE + SB 48 PSYCH. EVALUATION/TREATMENT FOR STUDENTS + HB 446 PENALTY FOR UNLAWFUL TRADE PRACTICE + Bills Previously Heard/Scheduled Apr 21 Friday Butrovich 205 8:30 AM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Apr 18 Tuesday Beltz 211 1:30 PM No Meeting Scheduled Apr 20 Thursday Beltz 211 1:30 PM + HB 31 WORKERS' COMP: DISEASE PRESUMPTION + HB 338 CERTIF. OF FITNESS FOR EXPLOSIVE HANDLERS + SB 315 DISPOSITION OF UNREDEEMED PROPERTY + Bills Previously Heard/Scheduled Including But Not Limited to: += HB 439 INSURANCE PRODUCT REGULATION COMPACT += SB 282 BROADCASTING PROMOTING CHARITABLE GAMING ---------------------------------------- RESOURCES Apr 19 Wednesday Butrovich 205 3:30 PM += SB 278 ALASKA CLIMATE CHANGE TASK FORCE Agrium Presentation - Blue Sky + SJR 17 COLLECT MORE EXXON VALDEZ SPILL DAMAGES Apr 21 Friday Butrovich 205 3:30 PM += SB 170 BD/DEPT OF FISH & GAME POWERS & DUTIES + SB 314 RETROACTIVE ADJUSTMENTS IN OIL PRICES ---------------------------------------- 2006-04-18 Senate Journal Page 2801 STATE AFFAIRS Apr 18 Tuesday Butrovich 205 3:30 PM No Meeting Scheduled Apr 20 Thursday Butrovich 205 3:30 PM + HB 300 OIL & GAS CONSERVATION COMMISSION MEMBER Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 18 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Apr 20 Thursday Butrovich 205 1:30 PM + Pavement Rutting Research Project - Update and Presentation: Jerry DesJarlais and Dr. Hulsey, UAF ---------------------------------------- SPECIAL COMMITTEES COMMITTEE ON UNIVERSITY OVERSIGHT Apr 24 Monday Beltz 211 5:00 PM + HJR 14 URGE CONGRESS TO GRANT LAND TO UNIVERSITY ---------------------------------------- OTHER MEETINGS JOINT SESSION May 04 Thursday House Chamber 11:00 AM Confirmation of Governor's Appointees