Legislature(2005 - 2006)

2006-05-03 Senate Journal

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2006-05-03                     Senate Journal                      Page 3077
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                SECOND SESSION                                                   
                                                                                                    
Juneau, Alaska                   Wednesday                       May 3, 2006                      
                                                                                                    
                          One Hundred Fifteenth Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 12:23 p.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senators Kookesh,                                         
Therriault were absent.                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Donna Shelton. Senator                                      
Olson moved and asked unanimous consent that the prayer be spread.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
          Dear Lord,                                                                                
                                                                                                    
          As we head into this challenging time, please give us                                     
          health, strength and respect for one another. Allow us                                    
          to seek the greater good and open our minds to You.                                       
          Please give us the ability and integrity to fulfill our                                   
          constitutional mandate and the wisdom to do it in a                                       
          manner that is pleasing to You.                                                           
                                                                                                    
              Bless our families, friends, allies and opponents.                                   
     Unite us in Your will.                                        Amen.                           
                                                                                                    
Senator Huggins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the one hundred fourteenth legislative day be approved as                               
certified by the Secretary. Without objection, it was so ordered.                                   

2006-05-03                     Senate Journal                      Page 3078
The presence of Senator Therriault was noted.                                                       
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
SB 210                                                                                            
Message dated May 1 and received May 2 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. 210 am H "An Act relating to                                              
          the manufacture and transportation of alcoholic                                           
          beverages; relating to forfeitures of property for                                        
          violations of alcoholic beverage laws; and relating to                                    
          violations of alcoholic beverage laws."                                                   
                                                                                                    
                             Chapter 17, SLA 2006                                                  
                          Effective Date: 7/30/2006                                                
                                                                                                    
HB 92                                                                                             
Message dated May 1 and received May 2 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 CS FOR CS FOR HOUSE BILL NO.                                                       
          92(JUD) am S "An Act relating to the purchase of                                          
          interests in corporations, including limited liability                                    
          companies, by the University of Alaska."                                                  
                                                                                                    
                             Chapter 18, SLA 2006                                                  
                          Effective Date: 7/30/2006                                                
                                                                                                    
HB 379                                                                                            
Message dated May 1 and received May 2 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:                                                                                             
                                                                                                    

2006-05-03                     Senate Journal                      Page 3079
          CS FOR HOUSE BILL NO. 379(JUD) "An Act                                                    
          relating to scheduling as a Schedule IA controlled                                        
          substance gamma-hydroxybutyric acid and certain                                           
          similar substances."                                                                      
                                                                                                    
                             Chapter 19, SLA 2006                                                  
                          Effective Date: 7/30/2006                                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 172                                                                                            
Message dated May 2 was read, stating the Speaker granted limited                                   
powers of free conference to the House conferees considering:                                       
                                                                                                    
SENATE BILL NO. 172 "An Act relating to the presentation of                                         
initiatives and referenda on the ballot."                                                           
                                                                                                    
and                                                                                                 
                                                                                                    
HOUSE CS FOR SENATE BILL NO. 172(FIN) am H "An Act                                                  
relating to election pamphlets and to the presentation of initiatives and                           
referenda on the ballot; relating to review of applications for                                     
certification of initiatives; relating to the circulation and subscription                          
of recall petitions; and providing for an effective date."                                          
                                                                                                    
on the requested specific points (page 3060).                                                       
                                                                                                    
SB 172                                                                                            
Message dated May 2 was read, stating the House adopted the report                                  
of the Conference Committee with limited powers of free conference                                  
considering:                                                                                        
                                                                                                    
SENATE BILL NO. 172 "An Act relating to the presentation of                                         
initiatives and referenda on the ballot."                                                           
                                                                                                    
and                                                                                                 
                                                                                                    
HOUSE CS FOR SENATE BILL NO. 172(FIN) am H "An Act                                                  
relating to election pamphlets and to the presentation of initiatives and                           
referenda on the ballot; relating to review of applications for                                     
certification of initiatives; relating to the circulation and subscription                          
of recall petitions; and providing for an effective date."                                          

2006-05-03                     Senate Journal                      Page 3080
thus adopting:                                                                                      
                                                                                                    
CONFERENCE CS FOR SENATE BILL NO. 172 "An Act relating to                                           
election pamphlets and to the presentation of initiatives and referenda                             
on the ballot; relating to review of applications for certification of                              
initiatives; relating to the circulation and subscription of recall                                 
petitions; and providing for an effective date."                                                    
                                                                                                    
The Senate adopted CONFERENCE CS FOR SENATE BILL NO.                                                
172 on May 2 (page3061).                                                                            
                                                                                                    
The bill was referred to the Secretary for engrossment and enrollment.                              
                                                                                                    
SB 177                                                                                            
Message dated May 2 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 177(HES) "An Act                                                   
          eliminating the prohibition on the use by certain                                         
          licensed professionals of titles or descriptions of                                       
          services that incorporate the terms 'psychoanalysis,'                                     
          'psychoanalyst,' 'psychotherapy,' 'psychotherapeutic,'                                    
          or 'psychotherapist.'"                                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 273                                                                                            
Message dated May 2 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 273 "An Act relating to a motor                                           
          vehicle dealer's selling or offering to sell motor                                        
          vehicles as new or current models or as new or                                            
          current model motor vehicles having manufacturer's                                        
          warranties."                                                                              
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated May 2 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3081
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 44                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 44 BY THE HOUSE                                                     
JUDICIARY COMMITTEE,                                                                                
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 261, relating to traffic                                       
          safety corridors.                                                                         
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 200                                                                                            
Message dated May 2 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 200(JUD) am "An Act                                        
relating to defense of self, other persons, property, or services" with                             
the following amendment:                                                                            
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          200(FIN)                                                                                  
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 200(FIN)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 200(JUD) am?                                                                      
                                                                                                    
YEAS:  16   NAYS:  0   EXCUSED:  0   ABSENT:  4                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                        
Wagoner, Wilken                                                                                     
                                                                                                    
Absent:  Bunde, Hoffman, Kookesh, Olson                                                             

2006-05-03                     Senate Journal                      Page 3082
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 200(FIN) "An Act                                                
relating to defense of self, other persons, property, or services."                                 
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 261                                                                                            
Message dated May 2 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 261(FIN) "An Act                                           
relating to the designation of traffic safety corridors; relating to the                            
bail or fine for an offense committed in a traffic safety corridor and to                           
separately accounting for such fines; and providing for an effective                                
date" with the following amendment:                                                                 
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          261(JUD) "An Act relating to the designation of                                           
          traffic safety corridors; relating to the bail or fine for                                
          an offense committed in a traffic safety corridor and                                     
          to separately accounting for such fines; relating to the                                  
          license point penalty; relating to damage claims                                          
          regarding a highway work zone; and providing for an                                       
          effective date" (Title change HCR 44)                                                     
                                                                                                    
and with a House Letter of Intent.                                                                  
                                                                                                    
Senator Huggins moved and asked unanimous consent for the                                           
adoption of the House Letter of Intent (House Journal Page 3256).                                   
Without objection, the Legislative Letter of Intent was adopted.                                    
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3083
HCS CSSB 261(JUD)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 261(FIN)? EFD                                                                     
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Absent:  Hoffman, Kookesh, Olson                                                                    
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 261(JUD) "An Act                                                
relating to the designation of traffic safety corridors; relating to the                            
bail or fine for an offense committed in a traffic safety corridor and to                           
separately accounting for such fines; relating to the license point                                 
penalty; relating to damage claims regarding a highway work zone;                                   
and providing for an effective date."                                                               
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on concurrence 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 enrollment with the                                      
Legislative Letter of Intent.                                                                       
                                                                                                    
HCR 44                                                                                            
Senator Gary Stevens moved and asked unanimous consent that                                         
HOUSE CONCURRENT RESOLUTION NO. 44, which had been                                                  
held on the Secretary's desk (page 3081), be taken up. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 44 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning Senate Bill No. 261,                                    
relating to traffic safety corridors pass the Senate?" The roll was taken                           
with the following result:                                                                          
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3084
HCR 44                                                                                              
Final Passage                                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B,                                        
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Kookesh                                                                                    
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 44 passed the                                               
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated February 7 and received May 3 was read, stating:                                       
                                                                                                    
In accordance with AS 39.05.080, the Senate State Affairs Committee                                 
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
Commissioner, Department of Administration                                                        
Scott Nordstrand                                                                                    
                                                                                                    
There were no stated objections to the confirmation of any of the                                   
named individual by committee members. This does not reflect an                                     
intent by any of the members to vote for or against the individual                                  
during any further sessions.                                                                        
                                                                                                    
Signing the report: Senator Therriault, Chair, Senator Wagoner, Vice                                
Chair; Senators Huggins, Davis, Elton.                                                              
                                                                                                    
Report dated May 2 was read, stating:                                                               
                                                                                                    
In accordance with AS 39.05.080, the Senate State Affairs Committee                                 
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3085
Alaska Public Offices Commission                                                                  
Claire Hall                                                                                         
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individual by committee members. This does not reflect an intent by                                 
any of the members to vote for or against the individual during any                                 
further sessions.                                                                                   
                                                                                                    
Signing the report: Senator Therriault, Chair, Senator Wagoner, Vice                                
Chair; Senators Huggins, Elton.                                                                     
                                                                                                    
Report dated May 3 was read, stating:                                                               
                                                                                                    
In accordance with AS 39.05.080, the Senate Health, Education and                                   
Social Services Committee reviewed the following and recommends                                     
the appointment be forwarded to a joint session for consideration:                                  
                                                                                                    
Professional Teaching Practices Commission                                                        
Jeff Hebard                                                                                         
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individual by committee members. This does not reflect intent by any                                
of the members to vote for or against the individual during any further                             
sessions.                                                                                           
                                                                                                    
Signing the report: Senator Dyson, Chair; Senators Green, Wilken,                                   
Olson, Elton.                                                                                       
                                                                                                    
HB 150                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 150(FIN) am "An Act requiring licensure of occupations                                     
relating to radiologic technology, radiation therapy, and nuclear                                   
medicine technology; and providing for an effective date" and                                       
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          150(L&C)                                                                                  
                                                                                                    
Signing no recommendation: Senator Bunde, Chair; Senator Ben                                        
Stevens. Signing do pass: Senator Davis.                                                            

2006-05-03                     Senate Journal                      Page 3086
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Commerce, Community and                                           
       Economic Development                                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 190                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
190(FIN) "An Act relating to the purchase of alcoholic beverages and                                
to access to licensed premises; relating to civil liability for certain                             
persons accessing licensed premises; requiring driver's licenses and                                
identification cards to be marked if a person is restricted from                                    
consuming alcoholic beverages as a result of a conviction or condition                              
of probation or parole and relating to fees for the marked license; and                             
requiring the surrender and cancellation of driver's licenses under                                 
certain circumstances" and recommended it be replaced with                                          
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          190(JUD)                                                                                  
          (forthcoming)                                                                             
                                                                                                    
Signing amend: Senator Seekins, Chair. Signing do pass: Senators                                    
French, Guess. Signing no recommendation: Senator Therriault.                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Administration                                              
 Fiscal Note No. 3, indeterminate, Department of Administration                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 218                                                                                            
The Finance 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(FIN)                                                                                  
                                                                                                    
Signing do pass: Senator Green, Cochair. Signing no recommendation:                                 
Senator Wilken, Cochair; Senators Hoffman, Olson, Stedman.                                          

2006-05-03                     Senate Journal                      Page 3087
The following previously published fiscal information applies:                                      
 Fiscal Note No. 5, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
 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 Rules Committee.                                                       
                                                                                                    
HB 300                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
300(O&G) "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." Signing no                                          
recommendation: Senator Therriault, Chair; Senators Elton, Wagoner,                                 
Huggins.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Resources Committee.                                                   
                                                                                                    
HB 322                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
322(JUD) am "An Act relating to infants who are safely surrendered                                  
by a parent shortly after birth." Signing do pass: Senator Seekins,                                 
Chair; Senators French, Guess, Therriault.                                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, House Judiciary Committee                                                 
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 382                                                                                            
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
382 "An Act relating to recorking, sealing, or packaging of wine                                    
served with a meal and removal of recorked, sealed, or packaged wine                                
from licensed premises." Signing do pass: Senator Bunde, Chair.                                     
Signing no recommendation: Senators Ben Stevens, Seekins.                                           

2006-05-03                     Senate Journal                      Page 3088
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 392                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 392(L&C) am "An Act authorizing the establishment of                                       
regional solid waste management authorities." Signing do pass:                                      
Senator Bunde, Chair; Senators Davis, Seekins, Ben Stevens.                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
 Fiscal Note No. 2, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
 Fiscal Note No. 3, zero, Department of Environmental                                               
       Conservation                                                                                 
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 399                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
399(FIN) "An Act establishing the office of elder fraud and assistance;                             
and relating to fraud involving older Alaskans" and recommended it be                               
replaced with                                                                                       
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          399(STA)                                                                                  
                                                                                                    
Signing do pass: Senator Therriault, Chair; Senators Elton, Huggins,                                
Wagoner.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, zero, Department of Public Safety                                               
 Fiscal Note No. 4, House Finance Committee                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     

2006-05-03                     Senate Journal                      Page 3089
HB 420                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
420(FSH) "An Act relating to riparian protection standards for forest                               
resources and practices; and providing for an effective date." Signing                              
do pass: Senators Wilken, Green, Cochairs; Senators Dyson, Stedman,                                 
Bunde. Signing no recommendation: Senators Hoffman, Olson.                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 441                                                                                            
The Finance Committee considered 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" and recommended it be replaced with                                          
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          441(FIN) "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)                                             
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde,                                  
Dyson, Stedman. Signing no recommendation: Senators Hoffman,                                        
Olson.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Alaska Court System                                                       
 Fiscal Note No. 3, zero, Department of Law                                                         
 Fiscal Note No. 4, zero, Department of Administration                                              
 Fiscal Note No. 5, zero, Department of Corrections                                                 
 Fiscal Note No. 6, zero, Department of Health and Social Services                                  
 Fiscal Note No. 7, zero, Department of Public Safety                                               

2006-05-03                     Senate Journal                      Page 3090
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 442                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
442(JUD) am "An Act relating to the validity of advance health care                                 
directives, individual health care instructions, and do not resuscitate                             
orders; relating to the revocation of advance health care directives;                               
relating to do not resuscitate orders; relating to resuscitative measures;                          
relating to the liability and discipline of health care providers,                                  
institutions, and facilities; relating to proceedings for judicial relief;                          
relating to an individual's capacity for making health care decisions;                              
and providing for an effective date." Signing do pass: Senator Seekins,                             
Chair. Signing no recommendation: Senator Therriault. Signing                                       
amend: Senators French, Guess.                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HCR 4                                                                                             
The Labor and Commerce Committee considered CS FOR HOUSE                                            
CONCURRENT RESOLUTION NO. 4(JUD) Encouraging the                                                    
establishment of a methamphetamine watch program. Signing do pass:                                  
Senator Bunde, Chair; Senators Seekins, Ben Stevens.                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
                                                                                                    
The resolution was referred to the State Affairs Committee.                                         
                                                                                                    
HCR 34                                                                                            
The Labor and Commerce Committee considered HOUSE                                                   
CONCURRENT RESOLUTION NO. 34 am Relating to promoting                                               
Alaska grown produce and food products to the visitor industry                                      
through the Fresher By Far program. Signing do pass: Senator Bunde,                                 
Chair; Senators Ben Stevens, Seekins.                                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Natural Resources                                           

2006-05-03                     Senate Journal                      Page 3091
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 30                                                                                            
SENATE CONCURRENT RESOLUTION NO. 30 BY THE                                                          
SENATE JUDICIARY COMMITTEE,                                                                         
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 258, relating to                                                
          aggravating factors at sentencing for sexual assault                                      
          and sexual abuse.                                                                         
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
SCR 31                                                                                            
SENATE CONCURRENT RESOLUTION NO. 31 BY THE                                                          
SENATE JUDICIARY COMMITTEE,                                                                         
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 414, relating to the                                            
          interception of the private communications of a                                           
          minor.                                                                                    
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 183                                                                                            
CS FOR HOUSE BILL NO. 183(JUD) am "An Act relating to the use                                       
of campaign contributions for shared campaign activity expenses and                                 
to reimbursement of those expenses; and amending the definition of                                  
'contribution' in regard to sharing fundraising lists between candidates                            
and political parties without compensation" was read the second time.                               

2006-05-03                     Senate Journal                      Page 3092
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Senate Committee Substitute offered on                                
page 1163. Without objection, SENATE CS FOR CS FOR HOUSE                                            
BILL NO. 183(STA) was adopted.                                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Administration                                              
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 183(STA) will be on the May 4 calendar.                                                         
                                                                                                    
HB 318                                                                                            
CS FOR HOUSE BILL NO. 318(FIN) am "An Act limiting the                                              
exercise of eminent domain" was read the second time.                                               
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
3056. Senator French objected.                                                                      
                                                                                                    
The question being: "Shall the Finance Senate Committee Substitute                                  
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
CSHB 318(FIN) am                                                                                    
Second Reading                                                                                      
Adopt Finance Senate Committee Substitute?                                                          
                                                                                                    
YEAS:  15   NAYS:  4   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, Green, Hoffman,                                         
Huggins, Olson, Stedman, Stevens B, Stevens G, Therriault, Wagoner,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Davis, French, Guess, Seekins                                                                
                                                                                                    
Absent:  Kookesh                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 318(FIN) was                                            
adopted.                                                                                            
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 318(FIN) will be on the May 4 calendar.                                                         
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3093
HB 338                                                                                            
CS FOR HOUSE BILL NO. 338(L&C) "An Act relating to                                                  
applications, qualifications, and criminal history and background                                   
checks for a certificate of fitness for explosives handlers; and                                    
providing for an effective date" was read the second time.                                          
                                                                                                    
President Stevens stated CS FOR HOUSE BILL NO. 338(L&C) will                                        
be on the May 4 calendar.                                                                           
                                                                                                    
HB 380                                                                                            
CS FOR HOUSE BILL NO. 380(FIN)(title am) "An Act relating to                                        
the powers and duties of the commissioner of environmental                                          
conservation regarding animals, animal products, agricultural                                       
products, and the transportation of animals and animal products;                                    
relating to the employment, appointment, and duties of a state                                      
veterinarian by the commissioner of environmental conservation;                                     
relating to the powers of the commissioner of natural resources                                     
regarding agricultural products; relating to animal rabies prevention                               
and control; and providing for an effective date" was read the second                               
time.                                                                                               
                                                                                                    
Senator Wagoner, Chair, moved and asked unanimous consent for the                                   
adoption of the Resources Senate Committee Substitute offered on                                    
page 2707. Without objection, SENATE CS FOR CS FOR HOUSE                                            
BILL NO. 380(RES) was adopted.                                                                      
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 380(RES) will be on the May 4 calendar.                                                         
                                                                                                    
HB 389                                                                                            
HOUSE BILL NO. 389 "An Act relating to tourist accommodations                                       
permits and to penalties for failing to comply with permitting                                      
requirements; removing a requirement that persons operating tourist                                 
accommodations post certain laws and regulations on the premises;                                   
and providing for an effective date" was read the second time.                                      
                                                                                                    
President Stevens stated HOUSE BILL NO. 389 will be on the May 4                                    
calendar.                                                                                           
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3094
HB 414                                                                                            
CS FOR HOUSE BILL NO. 414(RLS) am "An Act relating to the                                           
interception of the private communications of a minor" was read the                                 
second time.                                                                                        
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
3058. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 414(JUD) "An Act relating to allowing a parent or guardian of a                                 
minor to intercept the private communications of the minor and to                                   
consent to an order authorizing law enforcement to intercept the                                    
private communications of the minor" was adopted.                                                   
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 414(JUD) will be on the May 4 calendar.                                                         
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 160                                                                                            
CS FOR SENATE BILL NO. 160(FIN) "An Act relating to a                                               
procurement and electronic commerce tools program for state                                         
departments and instrumentalities of the state; and providing for an                                
effective date" was read the third time.                                                            
                                                                                                    
Senator Bunde called the Senate. The call was satisfied.                                            
                                                                                                    
The presence of Senator Kookesh was noted.                                                          
#END                                                                                                
SB 160                                                                                            
The question being: "Shall CS FOR SENATE BILL NO. 160(FIN)                                          
"An Act relating to a procurement and electronic commerce tools                                     
program for state departments and instrumentalities of the state; and                               
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSSB 160(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  

2006-05-03                     Senate Journal                      Page 3095
                                                                                                    
and so, CS FOR SENATE BILL NO. 160(FIN) passed the Senate.                                          
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 160(FIN)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
and so, the effective date clauses failed.                                                          
                                                                                                    
Senator Elton gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 160(FIN)(efd fld) "An Act relating to a procurement and                                    
electronic commerce tools program for state departments and                                         
instrumentalities of the state."                                                                    
                                                                                                    
SB 231                                                                                            
CS FOR SENATE BILL NO. 231(FIN) "An Act making                                                      
appropriations, including capital appropriations, supplemental                                      
appropriations, reappropriations, and appropriations to capitalize                                  
funds; making appropriations under art. IX, sec. 17(c), Constitution of                             
the State of Alaska, from the constitutional budget reserve fund; and                               
providing for an effective date" was read the third time.                                           
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Senator Wagoner 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 Wagoner offered Amendment No. 2 :                                                            
                                                                                                    

2006-05-03                     Senate Journal                      Page 3096
Page 4, line 8, following "project.":                                                               
                                                                                                    
     Insert "The interest rate shall not exceed the prevailing interest                             
rate for a twenty year loan at the time of the completion of Phase II                               
and the loan period would be a term of 20 years."                                                   
                                                                                                    
Senator Wagoner moved for the adoption of Amendment No. 2.                                          
Senator French objected, then withdrew his objection. There being no                                
further objection, Amendment No. 2 was adopted.                                                     
                                                                                                    
CS FOR SENATE BILL NO. 231(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Senator Wagoner moved that the bill be returned to second reading for                               
the purpose of a specific amendment, that being Amendment No. 3.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Wagoner offered Amendment No. 3 :                                                            
                                                                                                    
Page 8, lines 16 - 18:                                                                              
 Delete "Central Peninsula Health Centers, Inc. - New Health                                        
Facility (HD 33-35)"                                                                                
 Insert "Cook Inlet Aquaculture Association - Northern Cook Inlet                                   
Salmon Investigation and Evaluation (HD 33-35)"                                                     
                                                                                                    
Senator Wagoner moved for the adoption of Amendment No. 3.                                          
Senator French objected, then withdrew his objection. There being no                                
further objection, Amendment No. 3 was adopted.                                                     
                                                                                                    
CS FOR SENATE BILL NO. 231(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Senator Dyson moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 4.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Dyson offered Amendment No. 4 :                                                              
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3097
Page 33, lines 30 - 33:                                                                             
     Delete all material.                                                                           
                                                                                                    
Page 8, line 33 - Page 9, line 5:                                                                   
Chugiak Senior Center                                                                               
     Under General Funds:                                                                           
          Delete "$157,000"                                                                         
          Insert "$807,800"                                                                         
                                                                                                    
Renumber lines accordingly.                                                                         
                                                                                                    
Amend Sections 2 and 3 of this bill in accordance with this                                         
amendment.                                                                                          
                                                                                                    
Senator Dyson moved for the adoption of Amendment No. 4. Senator                                    
Ellis objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 4 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL NO. 231(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Senator Davis moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 5.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senators Davis, Green offered Amendment No. 5 :                                                      
                                                                                                    
Page 3, line 33:                                                                                    
 Insert "African American Historical Society- Resources,                                            
Equipment & Supplies (HD 17-32)"                                                                    
  Under General Funds:                                                                              
              Insert "$30,000"                                                                      
                                                                                                    
Senator Davis moved for the adoption of Amendment No. 5. Without                                    
objection, Amendment No. 5 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL NO. 231(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3098
Senator Davis moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 6.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senators Davis, Green offered Amendment No. 6 :                                                      
                                                                                                    
Page 35, line 16:                                                                                   
Municipality of Anchorage-                                                                          
 Under Appropriation Items:                                                                         
  Delete "20,000"                                                                                   
  Insert "60,000"                                                                                   
 Under General Funds:                                                                               
  Delete "20,000"                                                                                   
  Insert "60,000"                                                                                   
                                                                                                    
Senator Davis moved for the adoption of Amendment No. 6. Without                                    
objection, Amendment No. 6 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL NO. 231(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Senator Davis moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 7.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senators Davis, Green offered Amendment No. 7 :                                                      
                                                                                                    
Page 8, lines 13-15:                                                                                
 Delete all material.                                                                               
                                                                                                    
Page 41, following line 8:                                                                          
     Insert "Municipality of Anchorage/                                                             
     Anchorage School District -                                                                    
     Totem Fields (HD 17-32)"                                                                       
  Under Appropriation Items:                                                                        
   Insert "188,500"                                                                                 
  Under General Funds:                                                                              
   Insert "188,500"                                                                                 
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3099
Senator Davis moved for the adoption of Amendment No. 7. Without                                    
objection, Amendment No. 7 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL NO. 231(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Amendment No. 8 was not offered.                                                                    
                                                                                                    
Senator Wilken moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 9.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Wilken offered Amendment No. 9 :                                                             
                                                                                                    
Page 109, lines 8 - 9:                                                                              
     Delete all material.                                                                           
                                                                                                    
Page 132, following line 7:                                                                         
     Insert a new subsection to read:                                                               
     "(f)  The sum of $182,000,000 is appropriated from the budget                                  
reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) to                             
the power cost equalization endowment fund (AS 42.45.070)."                                         
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Page 132, line 8:                                                                                   
     Delete "(a) and (c)"                                                                           
     Insert "(a), (c), and (f)"                                                                     
                                                                                                    
Page 133, line 8:                                                                                   
     Delete "secs. 14(j), 17(a), 19, 22, 25(b), 26(a), 28, 29, 36 - 49,                             
50(c), and 51 - 55"                                                                                 
     Insert "secs. 17(a), 19, 22, 25(b), 26(a), 28, 29, 36 - 49, 50(c), 51 -                        
55, and 56(f)"                                                                                      
                                                                                                    
Page 133, line 13:                                                                                  
     Delete "secs. 14, 15(1), and 54"                                                               
     Insert "secs. 14, 15(1), 54, and 56(f)"                                                        
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3100
Page 133, line 18:                                                                                  
     Delete "14(j),"                                                                                
                                                                                                    
Page 133, line 19:                                                                                  
     Delete "and 51 - 55"                                                                           
     Insert "51 - 55, and 56(f)"                                                                    
                                                                                                    
Senator Wilken moved for the adoption of Amendment No. 9. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 9 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 231(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 9                                                                                     
                                                                                                    
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Dyson, Seekins, Therriault, Wagoner, Wilken                                           
                                                                                                    
Nays:  Cowdery, Davis, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G                                              
                                                                                                    
and so, Amendment No. 9 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 231(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Senator Guess moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 10.                                   
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Guess offered Amendment No. 10 :                                                             
                                                                                                    
Page 3, line 4:                                                                                     
     Delete both occurrences of "15,689,500"                                                      
     Insert in both places "5,689,500"                                                            
                                                                                                    
Page 3, lines 12 - 14:                                                                              
     Delete the following:                                                                          
                                                                                                    

2006-05-03                     Senate Journal                      Page 3101
"Voice Over Internet                  $10,000,000                                                   
 Protocol (VoIP)                                                                                    
 Deployment (HD 1-40)"                                                                              
                                                                                                    
Adjust totals and funding sources accordingly.                                                      
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 10. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 10 be adopted?" The roll                                   
was taken with the following result:                                                                
                                                                                                    
CSSB 231(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 10                                                                                    
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Dyson, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Nays:  Bunde, Cowdery, Davis, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
and so, Amendment No. 10 failed.                                                                    
                                                                                                    
CS FOR SENATE BILL NO. 231(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Senator Green moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 11.                                   
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Green offered Amendment No. 11 :                                                             
                                                                                                    
Page 109, line 8:                                                                                   
 Delete "$182,000,000"                                                                              
 Insert "$182,700,000"                                                                              
                                                                                                    
Page 132, line 21:                                                                                  
 Delete "132"                                                                                       
 Insert "232"                                                                                       
                                                                                                    

2006-05-03                     Senate Journal                      Page 3102
Page 133, line 16, following "33,":                                                                 
 Insert "35,"                                                                                       
                                                                                                    
Senator Green moved for the adoption of Amendment No. 11. Senator                                   
Ellis objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 11 was adopted.                                                            
                                                                                                    
CS FOR SENATE BILL NO. 231(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
Senator Cowdery called the Senate. The call was satisfied.                                          
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 231(FIN) am                                       
"An Act making appropriations, including capital appropriations,                                    
supplemental appropriations, reappropriations, and appropriations to                                
capitalize funds; making appropriations under art. IX, sec. 17(c),                                  
Constitution of the State of Alaska, from the constitutional budget                                 
reserve fund; and providing for an effective date" pass the Senate?"                                
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 231(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                          
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, CS FOR SENATE BILL NO. 231(FIN) am passed the Senate.                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Gary Stevens moved for the adoption of the constitutional                                   
budget reserve fund section.                                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3103
The question being: "Shall the constitutional budget reserve fund                                   
section (Article IX, Section 17(c) Constitution of the State of Alaska)                             
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 231(FIN) am                                                                                    
Budget Reserve Fund Section                                                                         
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
and so, the constitutional budget reserve fund section failed.                                      
                                                                                                    
Senator Wilken gave notice of reconsideration on CS FOR SENATE                                      
BILL NO. 231(FIN) am (brf sup maj fld) "An Act making                                               
appropriations, including capital appropriations, supplemental                                      
appropriations, reappropriations, and appropriations to capitalize                                  
funds; and providing for an effective date."                                                        
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HJR 31                                                                                            
HOUSE JOINT RESOLUTION NO. 31 Relating to designating                                               
September 9, 2006, as Fetal Alcohol Spectrum Disorders Awareness                                    
Day was read the second time.                                                                       
                                                                                                    
Senator Dyson, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Senate                                        
Committee Substitute offered on page 2611. Without objection,                                       
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 31(HES) was                                                
adopted.                                                                                            
                                                                                                    
Senators Elton, Dyson, Davis, Kookesh, Ellis, Gary Stevens, Guess,                                  
Cowdery moved and asked unanimous consent to be shown as cross                                      
sponsors on the resolution. Without objection, it was so ordered.                                   
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Without objection, it was so ordered.                                      

2006-05-03                     Senate Journal                      Page 3104
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 31(HES) was                                                
read the third time.                                                                                
                                                                                                    
The question being: "Shall SENATE CS FOR HOUSE JOINT                                                
RESOLUTION NO. 31(HES) Relating to designating September 9,                                         
2006, as Fetal Alcohol Spectrum Disorders Awareness Day pass the                                    
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SCS HJR 31(HES)                                                                                     
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Kookesh, Olson, Seekins, Stedman, Stevens B,                                        
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Huggins                                                                                      
                                                                                                    
and so, SENATE CS FOR HOUSE JOINT RESOLUTION NO.                                                    
31(HES) passed the Senate and was referred to the Secretary for                                     
engrossment.                                                                                        
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Southwest Alaska Pilots Association                                                      
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins,                                        
Kookesh, Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                       
Representative(s) Seaton                                                                            
                                                                                                    
Honoring - The Kodiak Storm, 2006 State Women's Invitation                                          
Hockey Champions                                                                                    
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                                                                            
                                                                                                    
Honoring - Dick and Kenny Anderson                                                                  
Senator(s) Dyson, Ben Stevens, Bunde, Cowdery, Davis, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Stoltze                                                                           

2006-05-03                     Senate Journal                      Page 3105
Honoring - James Southam                                                                            
Representative(s) Gara                                                                              
Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - The Vietnam Moving Wall and The Fallen Sons of Alaska                                    
Representative(s) Thomas                                                                            
Senator(s) Huggins, Kookesh, Ben Stevens, Bunde, Cowdery, Davis,                                    
Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Olson, Seekins,                                 
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - 2006 Winter Games, Team Alaska                                                           
Representative(s) Kelly                                                                             
Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh,                                      
Olson, Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                           
                                                                                                    
Honoring - Southeast Island School District's Teachers and Support                                  
Staff                                                                                               
Representative(s) Elkins                                                                            
Senator(s) Stedman, Ben Stevens, Cowdery, Davis, Dyson, Ellis,                                      
Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                     
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Legal Services, Alaska Legislative Legal Services                                        
Representative(s) Elkins, Anderson                                                                  
Senator(s) Stedman, Guess, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh,                                      
Olson, Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                           
                                                                                                    
Honoring - Robert D. Miller, Eagle Scout Award                                                      
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 - Ketchikan Fire Departments                                                               
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                                                  

2006-05-03                     Senate Journal                      Page 3106
Honoring - Dennis Olsen                                                                             
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 - Rachel Steer                                                                             
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                                                  
                                                                                                    
Honoring - Rupert Earle Andrews                                                                     
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Juneau Jambaars Soccer Team, Alaska State Champions                                      
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Valdez Fisheries Development Association                                                 
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 - Sally Fred                                                                            
Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Thomas                                                                            
                                                                                                    
In Memoriam - Daniel Jackson                                                                        
Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Thomas                                                                            
                                                                                                    

2006-05-03                     Senate Journal                      Page 3107
In Memoriam - Mary Ellen Shea                                                                       
Representative(s) Gara                                                                              
Senator(s) Bunde, Ellis, Ben Stevens, Cowdery, Davis, Dyson, 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                                                 
                                                                                                    
SB 104                                                                                            
President Stevens replaced Senator French with Senator Guess as a                                   
member on the Conference Committee considering                                                      
                                                                                                    
CS FOR SENATE BILL NO. 104(JUD) "An Act relating to the                                             
crimes of unsworn falsification in the first and second degrees and                                 
false information or report; requiring the establishment of a permanent                             
fund dividend fraud investigation unit in the Department of Revenue;                                
and providing for an effective date"                                                                
                                                                                                    
and                                                                                                 
                                                                                                    
HOUSE CS FOR CS FOR SENATE BILL NO. 104(JUD) "An Act                                                
relating to the crimes of unsworn falsification in the first degree                                 
involving an application for a permanent fund dividend and false                                    
information or report involving eligibility for a permanent fund                                    
dividend; requiring the establishment of a permanent fund dividend                                  
fraud investigation unit in the Department of Revenue; relating to                                  
service in the peace corps and as a member of the United States                                     
Olympic Team as allowable absences from the state for purposes of                                   
eligibility for permanent fund dividends and to the period for filing an                            
application for a permanent fund dividend; authorizing the Department                               
of Revenue to issue administrative orders imposing sanctions for                                    
certain misrepresentations or other actions concerning eligibility for a                            
permanent fund dividend and providing for administrative appeal of                                  
those orders; and providing for an effective date."                                                 
                                                                                                    

2006-05-03                     Senate Journal                      Page 3108
SB 285                                                                                            
Senator Therriault, Chair, moved and asked unanimous consent that                                   
the State Affairs Committee referral be waived on SENATE BILL                                       
NO. 285 "An Act relating to disclosure to the Alaska Public Offices                                 
Commission of information about certain income received as                                          
compensation for personal services by legislators, public members of                                
the Select Committee on Legislative Ethics, and legislative directors                               
subject to the provisions of law setting standards of conduct for                                   
legislative branch officers and employees; and providing for an                                     
effective date."                                                                                    
                                                                                                    
Without objection, the bill was referred to the Judiciary Committee.                                
                                                                                                    
HB 378                                                                                            
Senator Wagoner, Chair, moved and asked unanimous consent that the                                  
Resources Committee referral be waived on CS FOR HOUSE BILL                                         
NO. 378(RES) "An Act providing for selection of a member of the                                     
Haines Borough Assembly to serve as an ex officio member of the                                     
Alaska Chilkat Bald Eagle Preserve Advisory Council and removing                                    
the mayor of the City of Haines as an ex officio member of the                                      
council."                                                                                           
                                                                                                    
Without objection, the bill was referred to the Rules Committee.                                    
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                               
in effect.                                                                                          
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
HJR 31                                                                                            
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 31(HES)                                                    
Relating to designating September 9, 2006, as Fetal Alcohol Spectrum                                
Disorders Awareness Day was engrossed, signed by the President and                                  
Secretary and returned to the House for consideration.                                              

2006-05-03                     Senate Journal                      Page 3109
                                  Enrollment                                                     
                                                                                                    
SB 304                                                                                            
HOUSE CS FOR SENATE BILL NO. 304(TRA) "An Act relating to                                           
the privileges of airport parking shuttles and to fees or charges                                   
imposed on a person who is not a lessee or concessionaire of an                                     
airport" was enrolled, signed by the President and Secretary, Speaker                               
and Chief Clerk and the engrossed and enrolled copies transmitted to                                
the Office of the Governor at 10:23 a.m., May 3, 2006.                                              
                                                                                                    
                                                                                                    
                          Engrossment and Enrollment                                             
                                                                                                    
SR 6                                                                                              
SENATE RESOLUTION NO. 6 Creating and relating to the Senate                                         
VPSO Task Force was engrossed and enrolled, signed by the President                                 
and Secretary and the engrossed and enrolled copies transmitted to the                              
Office of the Governor at 8:21 a.m., May 3, 2006.                                                   
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 10:30 a.m., May 4, 2006. Without                                  
objection, the Senate adjourned at 2:57 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2006                        

2006-05-03                     Senate Journal                      Page 3110
                                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                                            
                                                                                                    
May 04        Thursday                     Fahrenkamp 203             1:30 PM                     
+ HB 475 PUB EMPLOYEE/TEACHER RETIREM'T/SBS/D.C.                                                    
                                                                                                    
May 05        Friday                          Butrovich 205           1:30 PM                     
+             Joint w/(S) Health, Education & Social                                                
              Services                                                                              
              Overview Presentation: U.S. Ambassador                                                
              to Mongolia, Pamela J. Slutz                                                          
              "A Broader Partnership with Mongolia"                                                 
              (Education, Tourism, Trade, Mining,                                                   
              Government)                                                                           
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 03        Wednesday                 Senate Finance 532            9:00 AM                     
+ HB 441 THERAPEUTIC COURT FOR DUI                                                                  
+ HB 307 KNIK RIVER PUBLIC USE AREA                                                                 
+ HB 420 FOREST RESOURCES & PRACTICES STANDARDS                                                     
= HB 218 PRIVATE HATCHERY COST RECOVERY FISHERIES                                                   
+ HB 484 FISHERY ASSOCIATION REIMBURSEMENT                                                          
+ HCR 30 AK CLIMATE IMPACT ASSESSMENT COMMISSION                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3111
                             FINANCE (continued)                                                 
                                                                                                    
May 04        Thursday                  Senate Finance 532            9:00 AM                     
+ HB  29 HEALTH CARE INSUR./COMP HEALTH INS. ASSN                                                   
+ HB 446 PENALTY FOR UNLAWFUL TRADE PRACTICE                                                        
+ HB 326 USE OF LEWD MATERIAL AS HARASSMENT                                                         
+ HB  41 ASSAULT ON SCHOOL EMPLOYEES/BUS DRIVERS                                                    
+ HB  57 SALE OF STATE LAND TO ADJACENT LANDOWNERS                                                  
+ HB 419 REPEAL UNDERGROUND STORAGE TANK LAWS                                                       
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 03        Wednesday                       Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 05        Friday                          Butrovich 205           1:30 PM                     
+             Joint w/(S) Community & Regional Affairs                                              
              Overview Presentation:  U.S. Ambassador                                               
              to Mongolia, Pamela J. Slutz                                                          
              "A Broader Partnership with Mongolia"                                                 
              (Education, Tourism, Trade, Mining,                                                   
              Government)                                                                           
+ HJR 36 TAIWAN:  WORLD HEALTH ASSEMBLY                                                             
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 03        Wednesday                       Butrovich 205           8:30 AM                     
+= HB 442 HEALTH CARE DECISIONS                                                                     
+= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL                                                        
+ HB 322 SAFE SURRENDER OF BABIES                                                                   
+= HJR  9 URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT                                                 
+ SJR 17 COLLECT MORE EXXON VALDEZ SPILL DAMAGES                                                    
                                                                                                    
May 04        Thursday                        Butrovich 205           8:30 AM                     
+= HJR  9 URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT                                                 
+= SJR 17 COLLECT MORE EXXON VALDEZ SPILL DAMAGES                                                   
                   ----------------------------------------                                        
                                                                                                    

2006-05-03                     Senate Journal                      Page 3112
                               LABOR & COMMERCE                                                  
                                                                                                    
May 04        Thursday                              Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
              Including But Not Limited to:                                                         
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
May 03        Wednesday                       Butrovich 205           3:30 PM                     
              Confirmation Hearing:                                                                 
+             Ray Stoney - Big Game Commercial Services                                             
              Board                                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
May 03        Wednesday                             Beltz 211         3:30 PM                     
+= SB 288 SEPTEMBER AS EDUCATION SAVINGS MONTH                                                      
+= HB 347 MOTOR VEHICLE INSURANCE/LICENSE/ NOTICES                                                  
+= HJR 25 SUPPORTING VETERANS HOME OWNERSHIP ACT                                                    
+ HB 375 PAST SERVICE COST LIABILITY ACCOUNTS                                                       
+ HCR  4 METH WATCH PROGRAM                                                                         
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                   CONFERENCE COMMITTEE ON HB 365 & HB 366                                       
                                                                                                    
May 03        Wednesday                 Senate Finance 532            4:00 PM                     
              -- Meeting Postponed to 05/04/06--                                                    
= HB 365 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 366 APPROP: MENTAL HEALTH BUDGET                                                               
              Corrections                                                                           
              Fish and Game                                                                         
              Court System                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-03                     Senate Journal                      Page 3113
                   CONFERENCE COMMITTEE ON HB 365 & HB 366                                       
                                 (continued)                                                     
                                                                                                    
May 04        Thursday                  Senate Finance 532            4:00 PM                     
              -- Rescheduled from 05/03/06 --                                                       
= HB 365 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 366 APPROP: MENTAL HEALTH BUDGET                                                               
              Corrections                                                                           
              Fish and Game                                                                         
              Court System                                                                          
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 104                                           
                                                                                                    
May 03        Wednesday                       Butrovich 205           5:30 PM                     
     SB 104 PERMANENT FUND DIVIDEND FRAUD/ELIGIBILITY                                               
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 04        Thursday                     House Chamber            11:00 AM                      
              Confirmation of Governor's Appointees