Legislature(2005 - 2006)
2006-05-09 Senate Journal
Full Journal pdf2006-05-09 Senate Journal Page 3341 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Tuesday May 9, 2006 One Hundred Twenty-first Day Pursuant to adjournment the Senate was called to order by President Stevens at 3:25 p.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Senator Guess. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. God grant me the serenity to accept the things I cannot change; courage to change the things I can; and wisdom to know the difference. Living one day at a time; Enjoying one moment at a time; Accepting hardships as the pathway to peace; Taking, as He did, this sinful world as it is, not as I would have it; Trusting that He will make all things right if I surrender to His Will; That I may be reasonably happy in this life and supremely happy with Him Forever in the next. Amen. Senator Therriault led the Senate in the Pledge of Allegiance. 2006-05-09 Senate Journal Page 3342 Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the one hundred twentieth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Special Presentation The Senate honored Hal Daugherty, Legislative Chef, and presented him with a commemorative letter signed by all members. Messages from the Governor Executive Proclamation by Frank H. Murkowski, Governor Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska Constitution, and in the public interest, I call the Twenty- Fourth Legislature of the State of Alaska into its second special session at Juneau, Alaska in the legislative chambers on May 10, 2006, at 11:00 a.m. to consider the: 1) subject of statutory changes for the purpose of clarifying or providing additional authority for the development of contract terms under the Alaska Stranded Gas Development Act (AS 43.82); 2) subject of judicial review of challenges to the constitutionality of a law authorizing a contract enacted under AS 43.82.435 or the enforceability of a contract executed under a law authorizing a contract enacted under AS 43.82.435; 3) subject of establishing the state entity responsible for financing, owning, and managing the state's interest in the Alaska North Slope natural gas pipeline project, including provisions regarding indemnifications among entities involved in the management of the construction of the project; 2006-05-09 Senate Journal Page 3343 4) subject of establishing a method for providing fiscal certainty for certain Alaska North Slope oil and gas leases not covered by the Alaska Stranded Gas Fiscal Contract; 5) preliminary findings and a determination of the commissioner of Department of Revenue made under AS 43.82.400(a)(1); and 6) provisions of the proposed Alaska Stranded Gas Fiscal Contract submitted to the governor by the commissioner of the Department of Revenue under AS 43.82.400(a)(2). Dated this 9th day of May, 2006. /s/ Frank H. Murkowski, Governor Message dated and received May 9 was read, stating: Under the provisions of article III, section 18 of the Alaska Constitution, I am requesting the opportunity to address both Senate and House for a Joint Session of the Twenty-Fourth Alaska State Legislature on Wednesday, May 10, 2006, at 11:15 a.m. for a Special Joint Session. Messages from the House Message dated May 9 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twenty-fourth Alaska Legislature at 11:15 a.m. on Wednesday, May 10 for the purpose of hearing a message from the Governor. Senator Gary Stevens moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. 2006-05-09 Senate Journal Page 3344 SCR 33 Message dated May 8 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 33 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 16, relating to funding for school districts operating secondary school boarding programs. The resolution was referred to the Secretary for enrollment. SB 271 Message dated May 8 was read, stating the House passed and returned: SENATE BILL NO. 271 "An Act authorizing the commissioner of transportation and public facilities to participate in certain federal highway programs and relating to that authorization; relating to powers of the attorney general to waive immunity from suit in federal court related to those programs; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 300 Message dated May 8 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 300(L&C) "An Act relating to the handling of negative equity in motor vehicle transactions; and relating to the contents of retail installment contracts." The bill was referred to the Secretary for enrollment. HB 16 Message dated May 8 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 16(RLS) "An Act relating to funding for school districts operating secondary school boarding programs, to funding for school districts from which 2006-05-09 Senate Journal Page 3345 boarding students come, and to the effectiveness of district secondary school boarding programs; and providing for an effective date" thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 16(FIN) "An Act relating to funding for school districts operating statewide residential educational programs; and providing for an effective date." (Title change SCR 33) HB 414 Message dated May 8 was read, stating the Speaker granted limited powers of free conference to the House conferees considering: 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" and CS FOR HOUSE BILL NO. 414(RLS) am "An Act relating to the interception of the private communications of a minor" on the requested specific points (House Journal page 3887). HB 414 Message dated May 8 was read, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD) and CS FOR HOUSE BILL NO. 414(RLS) am, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 414 "An Act relating to the interception of the private communications of a minor." Message dated May 8 was read, stating the House passed and transmitted for consideration: 2006-05-09 Senate Journal Page 3346 First Reading and Reference of House Resolutions HCR 50 HOUSE CONCURRENT RESOLUTION NO. 50 BY THE HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 289, relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to suitability of life and health insurance policies and annuity contracts, to unfair discrimination under a health insurance policy, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to direct payment to providers under a health insurance policy, to mental health benefits under a health care insurance plan, to the definitions of "title insurance limited producer" and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small Employer Health Reinsurance Association; and making conforming amendments. was read the first time and held on the Secretary's desk. HCR 51 HOUSE CONCURRENT RESOLUTION NO. 51 BY THE HOUSE RULES COMMITTEE BY REQUEST, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 251, relating to immunization for meningitis of postsecondary students residing on campus. 2006-05-09 Senate Journal Page 3347 was read the first time and held on the Secretary's desk. Concur Messages SB 171 Message dated May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 171(FIN)(efd fld) "An Act amending the National Petroleum Reserve - Alaska special revenue fund; and establishing the Special Legislative Oil and Gas NPR-A Development Impact Review Committee and defining its powers and duties" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 171(CRA) "An Act amending the National Petroleum Reserve - Alaska special revenue fund to require allocation and deposit to the Alaska permanent fund and the public school fund of amounts in the percentages that are prescribed by law of the money obtained by the state as semiannual payments of a share of National Petroleum Reserve - Alaska sales, rentals, bonuses, and royalties received by the federal government that have not been appropriated from the state's special revenue fund for grants to municipalities, to authorize pro rata reductions in those fund allocations and deposits if amounts are insufficient to make those deposits in full, and, as to amounts received by the state in excess of amounts appropriated for grants to municipalities, to identify a priority of authorization for appropriations to offset past deficiencies in allocations and deposits of those funds before appropriations to other state funds or for other purposes for which the state may use its share of these payments; and directing that appropriations from the fund made as grants for activities, services, and facilities shall be identified as capital appropriation items and that the amounts of each item shall be specified." (Title change HCR 46) 2006-05-09 Senate Journal Page 3348 President Stevens stated the message will be held on the Secretary's desk. SB 231 Message dated May 8 was read, stating the House passed and returned for consideration 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" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am H (brf sup maj pfld H) President Stevens stated the message will be held on the Secretary's desk. SB 251 Message dated May 8 was read, stating the House passed and returned for consideration SENATE BILL NO. 251 "An Act relating to immunization for meningitis of postsecondary students residing on campus" with the following amendment: SENATE BILL NO. 251 am H "An Act relating to immunization for meningitis of postsecondary students residing on campus and directing the Department of Military and Veterans' Affairs to seek additional funding to support tuition waivers and assistance." (Title change HCR 51) President Stevens stated the message will be held on the Secretary's desk. SB 289 Message dated May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 289(FIN) "An Act relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and 2006-05-09 Senate Journal Page 3349 supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to mental health benefits under a health care insurance plan, to the definitions of 'title insurance limited producer' and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small Employer Health Reinsurance Association; making conforming amendments; and providing for an effective date" with the following amendment: CS FOR SENATE BILL NO. 289(FIN) am H "An Act relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to mental health benefits under a health care insurance plan, to the definitions of 'title insurance limited producer' and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small Employer Health Reinsurance Association; making conforming amendments; establishing a fund for the payment of Servicemembers' Group Life Insurance premiums and providing for the payment of Servicemembers' Group Life Insurance premiums; and providing for an effective date." (Title change HCR 50) President Stevens stated the message will be held on the Secretary's desk. SB 305 Message dated May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 305(FIN) am "An Act repealing the oil production tax and the gas production tax and providing for a production tax on oil and gas; relating to the calculation of the gross value at the point of production of oil and gas 2006-05-09 Senate Journal Page 3350 and to the determination of the value of oil and gas for purposes of the production tax on oil and gas; providing for tax credits against the production tax on oil and gas; relating to the relationship of the production tax on oil and gas to other taxes, to the dates those tax payments and surcharges are due, to interest on overpayments of the tax, and to the treatment of the tax in a producer's settlement with the royalty owners; relating to flared gas, and to oil and gas used in the operation of a lease or property under the production tax; relating to the prevailing value of oil and gas under the production tax; relating to surcharges on oil; relating to statements or other information required to be filed with or furnished to the Department of Revenue, to the penalty for failure to file certain reports for the tax, to the powers of the Department of Revenue, and to the disclosure of certain information required to be furnished to the Department of Revenue as applicable to the administration of the tax; relating to criminal penalties for violating conditions governing access to and use of confidential information relating to the tax, and to the deposit of tax money collected by the Department of Revenue; amending the definitions of 'gas,' 'oil,' and certain other terms for purposes of the production tax, and as the definition of the term 'gas' applies in the Alaska Stranded Gas Development Act, and adding further definitions; making conforming amendments; and providing for an effective date" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 305(FIN) am H President Stevens stated the message will be held on the Secretary's desk. SB 169 Senator Therriault moved that the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 169(FIN) am H "An Act relating to release of information in individual workers' compensation records; relating to breaches of security involving personal information, credit report and credit score security freezes, consumer credit monitoring, credit accuracy, protection of social security numbers, disposal of records, identity theft, furnishing consumer credit header information, credit cards, and debit cards; amending Rule 60, Alaska Rules of Civil Procedure; and providing for an effective date" be read. 2006-05-09 Senate Journal Page 3351 President Stevens ruled the motion out of order, stating the body was not in possession of the bill. Senator Therriault rose to a point of order. President Stevens restated his ruling. Senator Therriault challenged the ruling of the Chair, citing Mason's Manual Sections 761(5) and 575(j). The question being: "Shall the ruling of the Chair be upheld?" The roll was taken with the following result: SB 169 Uphold Ruling of the Chair? YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Green, Huggins, Stedman, Stevens B, Stevens G Nays: Bunde, Dyson, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson, Seekins, Therriault, Wagoner, Wilken and so, the ruling of the Chair was not upheld. President Stevens restated the body was not in possession of the bill. Senator Therriault rose to a point of order. President Stevens directed the Secretary to read the message. Message dated May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 169(JUD) "An Act relating to release of information in individual workers' compensation records; and providing for an effective date" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 169(FIN) am H "An Act relating to release of information in individual workers' compensation records; relating to breaches of security involving personal information, credit report and credit score 2006-05-09 Senate Journal Page 3352 security freezes, consumer credit monitoring, credit accuracy, protection of social security numbers, disposal of records, identity theft, furnishing consumer credit header information, credit cards, and debit cards; amending Rule 60, Alaska Rules of Civil Procedure; and providing for an effective date." (Title change HCR 49) President Stevens referred the message to the State Affairs, Community and Regional Affairs and Finance Committees. Special Committee Reports HB 414 The following corrected report was received and distributed at 11:25 p.m., May 8, 2006: May 8, 2006 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD) and CS FOR HOUSE BILL NO. 414(RLS) am and recommends CONFERENCE CS FOR HOUSE BILL NO. 414(Corrected) "An Act relating to the interception of the private communications of a minor." be adopted. Signing the report: Senator Seekins, Chair, Senator French; Representative Kott, Chair, Representatives McGuire, Gruenberg \ The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Administration Fiscal Note No. 3, zero, Department of Administration Fiscal Note No. 4, zero, Alaska Court System Fiscal Note No. 5, zero, Department of Public Safety 2006-05-09 Senate Journal Page 3353 President Stevens stated the corrected report will be held on the Secretary's desk. Introduction and Reference of Senate Resolutions SJR 21 SENATE JOINT RESOLUTION NO. 21 BY THE SENATE FINANCE COMMITTEE, Requesting the United States Congress to change the name of a proposed federal fund for coastal plain impact aid. was read the first time and held on the Secretary's desk. Consideration of the Calendar Third Reading of House Bills HB 109 SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) "An Act relating to establishing a screening, tracking, and intervention program related to the hearing ability of newborns and infants; providing an exemption to licensure as an audiologist for certain persons performing hearing screening; relating to insurance coverage for newborn and infant hearing screening; and providing for an effective date" was read the third time. Senator Dyson moved and asked unanimous consent to be shown as a cross sponsor on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) "An Act relating to establishing a screening, tracking, and intervention program related to the hearing ability of newborns and infants; providing an exemption to licensure as an audiologist for certain persons performing hearing screening; relating to insurance coverage for newborn and infant hearing screening; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2006-05-09 Senate Journal Page 3354 SCS CSHB 109(FIN) Third Reading - Final Passage Effective Dates YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson, Stevens B, Stevens G, Therriault, Wagoner Nays: Cowdery, Green, Huggins, Seekins, Stedman, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) 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 and the bill was referred to the Secretary for engrossment. HB 133 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(JUD) am was read the third time. The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(JUD) am "An Act relating to incorporation of boroughs, to annexation by local action, and to regulations of the Local Boundary Commission to provide standards and procedures for municipal incorporation, reclassification, dissolution, and certain municipal boundary changes; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSSHB 133(JUD) am Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken Absent: Therriault and so, CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(JUD) am passed the Senate. 2006-05-09 Senate Journal Page 3355 Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Senator Gary Stevens called the Senate. The call was satisfied. HB 300 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" was read the third time. Senator French moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator French offered Amendment No. 1 : Page 2, line 25: Delete "shall" Insert "may" Senator French moved for the adoption of Amendment No. 1. Senator Gary Stevens objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 300(O&G) Second Reading Amendment No. 1 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, Elton, French, Guess, Kookesh, Olson, Stedman Nays: Bunde, Cowdery, Davis, Dyson, Green, Hoffman, Huggins, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, Amendment No. 1 failed. 2006-05-09 Senate Journal Page 3356 CS FOR HOUSE BILL NO. 300(O&G) was automatically in third reading. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 300(O&G) Third Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Dyson, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken Nays: Bunde, Ellis, Elton, French, Guess, Therriault and so, CS FOR HOUSE BILL NO. 300(O&G) passed the Senate, was signed by the President and Secretary and returned to the House. HB 316 CS FOR HOUSE BILL NO. 316(JUD) was read the third time. Senator French declared a conflict of interest. The question being: "Shall CS FOR HOUSE BILL NO. 316(JUD) "An Act extending the termination date for the Board of Governors of the Alaska Bar Association; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 316(JUD) Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Davis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G Nays: Bunde, Dyson, Ellis, Olson, Therriault, Wagoner, Wilken and so, CS FOR HOUSE BILL NO. 316(JUD) passed the Senate. 2006-05-09 Senate Journal Page 3357 Senator Gary Stevens moved for the adoption of the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 316(JUD) Effective Date Clause 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, the effective date clause was adopted and the bill was signed by the President and Secretary and returned to the House. HB 403 SENATE CS FOR CS FOR HOUSE BILL NO. 403(TRA) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 403(TRA) "An Act relating to registration and operation of low- speed vehicles" pass the Senate?" The roll was taken with the following result: SCS CSHB 403(TRA) Third Reading - Final Passage 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, SENATE CS FOR CS FOR HOUSE BILL NO. 403(TRA) passed the Senate and was referred to the Secretary for engrossment. HB 482 SENATE CS FOR CS FOR HOUSE BILL NO. 482(JUD) was read the third time. 2006-05-09 Senate Journal Page 3358 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 482(JUD) "An Act relating to harassment, intimidation, and bullying in schools" pass the Senate?" The roll was taken with the following result: SCS CSHB 482(JUD) Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson, Stevens B, Stevens G, Therriault Nays: Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Wagoner, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 482(JUD) passed the Senate and was referred to the Secretary for engrossment. Senator Gary Stevens lifted the call. Recess Senator Gary Stevens moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 4:55 p.m. After Recess The Senate reconvened at 6:42 p.m. Senator Gary Stevens called the Senate. The call was satisfied. Second Reading of House Resolutions HJR 36 CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) Urging the United States Congress to support the granting of official Observer Status to the Republic of China at the World Health Assembly Annual Conference to be held at Geneva, Switzerland, in May 2006, was read the second time. 2006-05-09 Senate Journal Page 3359 Senator Gary Stevens moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) was read the third time. The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) Urging the United States Congress to support the granting of official Observer Status to the Republic of China at the World Health Assembly Annual Conference to be held at Geneva, Switzerland, in May 2006, pass the Senate?" The roll was taken with the following result: CSHJR 36(HES) Third Reading - Final Passage 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 HOUSE JOINT RESOLUTION NO. 36(HES) passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - Latseen Dollin Benson Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Darrel W. Hess Representative(s) Gara Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 2006-05-09 Senate Journal Page 3360 In Memoriam - Dr. Glenn A. Olds Representative(s) Kohring Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, 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. Senator Gary Stevens moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business th Honoring - Herman and Dorothy Hermansen on Their 60 Diamond Wedding Anniversary Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken Representative(s) Olson Honoring - Trooper Larry Erikson, Trooper Michael Henry Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken Representative(s) Olson Honoring - The Participants of The Alaska Dental Health Aide Program Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Suzanne Richards 2006 School Librarian of the Year Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 2006-05-09 Senate Journal Page 3361 Honoring - Donna Chris Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Alaska Village Public Safety Officers Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Trooper K-9 Sirius and State Trooper Joseph Hazelaar Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Anna Quarrayar Hedlund Alexie Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - The First Class of Nursing Graduates in the YK Delta's Nursing Program Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Jason Michael Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Helen Chenault Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken Representative(s) Chenault 2006-05-09 Senate Journal Page 3362 In Memoriam - Aviva J. Stinson Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Wassillie Kaligtuq Kung' Aq Maaggiiq Nicholas Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Kapsner In Memoriam - Lawrence Davis Senator(s) Olson, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Richard Weinig Representative(s) Gruenberg Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Lucy Passeq' Aq Jacob Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Frank Misaaq Andrew Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Eric D. Johnson Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 2006-05-09 Senate Journal Page 3363 In Memoriam - Dick (Apaaqutq) Andrew Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Joe Angutekayak Chief, Jr. Representative(s) Kapsner Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Guess moved and asked unanimous consent to be excused from a call of the Senate from May 10 through June 7. Without objection, Senator Guess was excused. HB 257 Senator Gary Stevens moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN)(efd fld S) "An Act relating to and extending the pilot program for state procurement and electronic commerce tools" be taken up. Without objection, it was so ordered. Senator Gary Stevens moved that the Senate rescind its previous action in passing SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN)(efd fld S) on reconsideration (page 1561). The question being: "Shall the Senate rescind its previous action?" The roll was taken with the following result: 2006-05-09 Senate Journal Page 3364 SCS CSHB 257(FIN)(efd fld S) Rescind Previous Action? 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 Senate rescinded its previous action. SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN) "An Act relating to and extending the pilot program for state procurement and electronic commerce tools; and providing for an effective date" was before the Senate in third reading. Senator Bunde moved that the bill be returned to second reading for the purpose of rescinding its previous action in adopting the Finance Senate Committee Substitute. Without objection, the bill was returned to second reading. Senator Bunde moved that the Senate rescind its previous action in adopting the Finance Senate Committee Substitute (page 1474). The question being: "Shall the Senate rescind its previous action in adopting the Finance Senate Committee Substitute?" The roll was taken with the following result: SCS CSHB 257(FIN) Second Reading Rescind Action In Adopting Finance SCS? 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 Senate rescinded its previous action in adopting the Finance Senate Committee Substitute. 2006-05-09 Senate Journal Page 3365 CS FOR HOUSE BILL NO. 257(JUD) was automatically in third reading. The following fiscal information was published today: Fiscal Note No. 4, indeterminate, Department of Administration Fiscal Note No. 5, zero, Alaska Court System The question being: "Shall CS FOR HOUSE BILL NO. 257(JUD) "An Act relating to and extending the pilot program for state procurement and electronic commerce tools; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 257(JUD) 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 and so, CS FOR HOUSE BILL NO. 257(JUD) passed the Senate. Senator Gary Stevens moved for the adoption of the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 257(JUD) Effective Date Clause 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 clause failed. CS FOR HOUSE BILL NO. 257(JUD)(efd fld S) "An Act relating to and extending the pilot program for state procurement and electronic commerce tools" was referred to the Secretary for engrossment. 2006-05-09 Senate Journal Page 3366 Concur Messages SB 305 Senator Gary Stevens moved and asked unanimous consent that the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 305(FIN) am H "An Act repealing the oil production tax and the gas production tax and providing for a production tax on oil and gas; relating to the calculation of the gross value at the point of production of oil and gas and to the determination of the value of oil and gas for purposes of the production tax on oil and gas; providing for tax credits against the production tax on oil and gas; relating to the relationship of the production tax on oil and gas to other taxes, to the dates those tax payments and surcharges are due, to interest on overpayments of the tax, and to the treatment of the tax in a producer's settlement with the royalty owners; relating to flared gas, and to oil and gas used in the operation of a lease or property under the production tax; relating to the prevailing value of oil and gas under the production tax; relating to surcharges on oil; relating to statements or other information required to be filed with or furnished to the Department of Revenue, to the penalty for failure to file certain reports for the tax, to the powers of the Department of Revenue, and to the disclosure of certain information required to be furnished to the Department of Revenue as applicable to the administration of the tax; relating to criminal penalties for violating conditions governing access to and use of confidential information relating to the tax, and to the deposit of tax money collected by the Department of Revenue; amending the definitions of 'gas,' 'oil,' and certain other terms for purposes of the production tax, and as the definition of the term 'gas' applies in the Alaska Stranded Gas Development Act, and adding further definitions; making conforming amendments; and providing for an effective date" which had been held on the Secretary's desk (page 3349), be taken up. Without objection, it was so ordered. Senator Guess declared a conflict of interest. Senator Gary Stevens moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: 2006-05-09 Senate Journal Page 3367 HCS CSSB 305(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 305(FIN) am? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Green, Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G Nays: Davis, Dyson, Ellis, Elton, French, Guess, Kookesh, Therriault, Wagoner, Wilken and so, the Senate failed to concur. The Secretary was requested to notify the House. SB 171 Senator Gary Stevens moved and asked unanimous consent that the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 171(CRA) "An Act amending the National Petroleum Reserve - Alaska special revenue fund to require allocation and deposit to the Alaska permanent fund and the public school fund of amounts in the percentages that are prescribed by law of the money obtained by the state as semiannual payments of a share of National Petroleum Reserve - Alaska sales, rentals, bonuses, and royalties received by the federal government that have not been appropriated from the state's special revenue fund for grants to municipalities, to authorize pro rata reductions in those fund allocations and deposits if amounts are insufficient to make those deposits in full, and, as to amounts received by the state in excess of amounts appropriated for grants to municipalities, to identify a priority of authorization for appropriations to offset past deficiencies in allocations and deposits of those funds before appropriations to other state funds or for other purposes for which the state may use its share of these payments; and directing that appropriations from the fund made as grants for activities, services, and facilities shall be identified as capital appropriation items and that the amounts of each item shall be specified" which had been held on the Secretary's desk (page 3347) be taken up. Without objection, it was so ordered. 2006-05-09 Senate Journal Page 3368 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 171(CRA) Shall the Senate Concur in the House Amendment to CSSB 171(FIN)(efd fld)? 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, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 171(CRA) "An Act amending the National Petroleum Reserve - Alaska special revenue fund to require allocation and deposit to the Alaska permanent fund and the public school fund of amounts in the percentages that are prescribed by law of the money obtained by the state as semiannual payments of a share of National Petroleum Reserve - Alaska sales, rentals, bonuses, and royalties received by the federal government that have not been appropriated from the state's special revenue fund for grants to municipalities, to authorize pro rata reductions in those fund allocations and deposits if amounts are insufficient to make those deposits in full, and, as to amounts received by the state in excess of amounts appropriated for grants to municipalities, to identify a priority of authorization for appropriations to offset past deficiencies in allocations and deposits of those funds before appropriations to other state funds or for other purposes for which the state may use its share of these payments; and directing that appropriations from the fund made as grants for activities, services, and facilities shall be identified as capital appropriation items and that the amounts of each item shall be specified." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 2006-05-09 Senate Journal Page 3369 HCR 46 Senator Gary Stevens moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 46, which had been held on the Secretary's desk (page 3318), be taken up. Without objection, the resolution was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 46 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 171, relating to the National Petroleum Reserve - Alaska special revenue fund, pass the Senate?" The roll was taken with the following result: HCR 46 Final Passage 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, HOUSE CONCURRENT RESOLUTION NO. 46 passed the Senate, was signed by the President and Secretary and returned to the House. SB 251 Senator Gary Stevens moved and asked unanimous consent that the concur message on SENATE BILL NO. 251 am H "An Act relating to immunization for meningitis of postsecondary students residing on campus and directing the Department of Military and Veterans' Affairs to seek additional funding to support tuition waivers and assistance" which had been held on the Secretary's desk (page 3348) be taken up. Without objection, it was so ordered. Senator Gary Stevens moved that the Senate concur in the House amendment and recommended the body vote no. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: 2006-05-09 Senate Journal Page 3370 SB 251 am H Shall the Senate Concur in the House Amendment to SB 251? YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson Nays: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, the Senate failed to concur. The Secretary was requested to notify the House. SB 289 Senator Gary Stevens moved and asked unanimous consent that the concur message on CS FOR SENATE BILL NO. 289(FIN) am H "An Act relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to mental health benefits under a health care insurance plan, to the definitions of 'title insurance limited producer' and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small Employer Health Reinsurance Association; making conforming amendments; establishing a fund for the payment of Servicemembers' Group Life Insurance premiums and providing for the payment of Servicemembers' Group Life Insurance premiums; and providing for an effective date" which had been held on the Secretary's desk (page 3348) be taken up. Without objection, it was so ordered. 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: 2006-05-09 Senate Journal Page 3371 CSSB 289(FIN) am H Shall the Senate Concur in the House Amendment to CSSB 289(FIN)? Effective Dates 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, the Senate concurred in the House amendment, thus adopting CS FOR SENATE BILL NO. 289(FIN) am H "An Act relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to mental health benefits under a health care insurance plan, to the definitions of 'title insurance limited producer' and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small Employer Health Reinsurance Association; making conforming amendments; establishing a fund for the payment of Servicemembers' Group Life Insurance premiums and providing for the payment of Servicemembers' Group Life Insurance premiums; 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 clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HCR 50 Senator Gary Stevens moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 50, which had been held on the Secretary's desk (page 3346), be taken up. Without objection, the resolution was before the Senate on final passage. 2006-05-09 Senate Journal Page 3372 The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 50 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 289, relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to suitability of life and health insurance policies and annuity contracts, to unfair discrimination under a health insurance policy, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to direct payment to providers under a health insurance policy, to mental health benefits under a health care insurance plan, to the definitions of "title insurance limited producer" and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small Employer Health Reinsurance Association; and making conforming amendments, pass the Senate?" The roll was taken with the following result: HCR 50 Final Passage 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, HOUSE CONCURRENT RESOLUTION NO. 50 passed the Senate, was signed by the President and Secretary and returned to the House. Conference Committee Reports HB 414 Senator Gary Stevens moved and asked unanimous consent that the Corrected Conference Committee Report for CONFERENCE CS FOR HOUSE BILL NO. 414(Corrected) "An Act relating to the interception of the private communications of a minor" which had been held on the Secretary's desk (page 3321) be taken up. Without objection, it was so ordered. 2006-05-09 Senate Journal Page 3373 Senator Gary Stevens moved that the Senate adopt the Corrected Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 414(Corrected). The question being: "Shall the Senate adopt the Corrected Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 414(Corrected) "An Act relating to the interception of the private communications of a minor"?" The roll was taken with the following result: CCS HB 414(corrected) Shall the Senate adopt the corrected Conference Committee Report? 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, the report was adopted. The Secretary was requested to notify the House. Senator Gary Stevens lifted the call. Recess Senator Gary Stevens moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 8:27 p.m. After Recess The Senate reconvened at 10:53 p.m. HB 366 Senator Gary Stevens moved and asked unanimous consent that the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 366, which had been held on the Secretary's desk (page 3323), be taken up. Without objection, it was so ordered. 2006-05-09 Senate Journal Page 3374 Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 366. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 366 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date"?" The roll was taken with the following result: CCS HB 366 Adopt Conference Committee Report? Effective Date 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, the report was adopted. Senator Gary Stevens moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. HB 365 Senator Gary Stevens moved and asked unanimous consent that the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 365, which had been held on the Secretary's desk (page 3322), be taken up. Without objection, it was so ordered. The following memorandum, dated and received May 9, 2006, from David Teal, Legislative Fiscal Analyst, Division of Legislative Finance, was distributed to all members: 2006-05-09 Senate Journal Page 3375 Version N of the CCS HB 365(FIN)-the Conference Committee operating budget that will be considered on the floor of both House and Senate today-contains a technical error in section 3. There are two potential courses of corrective action: 1. Produce a corrected version of the bill, explain the problem on the floor, waive the 24-hour rule, and vote on the corrected version. 2. Adopt version N as printed and correct the error in engrossment. Because both House Chief Clerk and Senate Secretary will have the corrected version of the bill, the engrossment process will not be delayed. Option 2 is the more expedient and is the option I recommend. A fiscal note submitted by the Department of Corrections clearly makes a fund source change. The note was adopted by the Conference Committee and shows in section 2 of the bill (as a net zero), but the program that generates the fund roll-up in section 3 suppressed printing because the fiscal note nets zero. The programming error has been fixed. Section 3 makes no appropriations, so is often considered "informational only." Nevertheless, correction of this manifest error would eliminate concerns that the fiscal notes do not match the enacted version of the bill. Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 365. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 365 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations for state aid to public schools, centralized correspondence study, and transportation of pupils; and providing for an effective date"?" The roll was taken with the following result: 2006-05-09 Senate Journal Page 3376 CCS HB 365 Adopt Conference Committee Report? 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, the report was adopted. Senator Gary Stevens moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. Concur Messages SB 305 Senator Gary Stevens moved that the Senate rescind its previous action in failing to concur (page 3367) in the House amendments to CS FOR SENATE BILL NO. 305(FIN) am; namely, HOUSE CS FOR CS FOR SENATE BILL NO. 305(FIN) am H "An Act repealing the oil production tax and the gas production tax and providing for a production tax on oil and gas; relating to the calculation of the gross value at the point of production of oil and gas and to the determination of the value of oil and gas for purposes of the production tax on oil and gas; providing for tax credits against the production tax on oil and gas; relating to the relationship of the production tax on oil and gas to other taxes, to the dates those tax payments and surcharges are due, to interest on overpayments of the tax, and to the treatment of the tax in a producer's settlement with the royalty owners; relating to flared gas, and to oil and gas used in the operation of a lease or property under the production tax; relating to the prevailing value of oil and gas under the production tax; relating to 2006-05-09 Senate Journal Page 3377 surcharges on oil; relating to statements or other information required to be filed with or furnished to the Department of Revenue, to the penalty for failure to file certain reports for the tax, to the powers of the Department of Revenue, and to the disclosure of certain information required to be furnished to the Department of Revenue as applicable to the administration of the tax; relating to criminal penalties for violating conditions governing access to and use of confidential information relating to the tax, and to the deposit of tax money collected by the Department of Revenue; amending the definitions of 'gas,' 'oil,' and certain other terms for purposes of the production tax, and as the definition of the term 'gas' applies in the Alaska Stranded Gas Development Act, and adding further definitions; making conforming amendments; and providing for an effective date." The question being: "Shall the Senate rescind its previous action in failing to concur in the House amendments?" The roll was taken with the following result: HCS CSSB 305(FIN) am H Rescind action in failing to concur in the House Amendments to CSSB 305(FIN) am? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Green, Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G Nays: Bunde, Davis, Dyson, Ellis, Elton, French, Guess, Seekins, Therriault, Wagoner, Wilken and so, the Senate failed to rescind its previous action. Recess Senator Gary Stevens moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:00 p.m. 2006-05-09 Senate Journal Page 3378 After Recess The Senate reconvened at 11:52 p.m. Concur Messages SB 231 Senator Gary Stevens moved and asked unanimous consent that the concur message on HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am H(brf sup maj pfld H) "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" which had been held on the Secretary's desk (page 3348) be taken up. Without objection, it was so ordered. Senator Gary Stevens moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: HCS CSSB 231(FIN)am H(brf sup maj pfld H) Shall the Senate Concur in the House Amendments to CSSB 231(FIN) am? Effective Dates YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Wilken Nays: Dyson, Elton, French, Therriault, Wagoner and so, the Senate concurred in the House amendments. Senator Gary Stevens moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clauses. Without objection, it was so ordered. 2006-05-09 Senate Journal Page 3379 Senator Gary Stevens moved for the adoption of the constitutional budget reserve fund section. 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: HCS CSSB 231(FIN)am H(brf sup maj pfld H) Adopt Constitutional Budget Reserve Fund Section? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson, Seekins, Stevens G, Therriault, Wagoner, Wilken Nays: Cowdery, Green, Huggins, Stedman, Stevens B and so, the constitutional budget reserve fund section was adopted. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am H(brf sup maj pfld H) "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 referred to the Secretary for enrollment. HB 266 The reconsideration on CS FOR HOUSE BILL NO. 266(FIN) "An Act relating to penalties for violation of vehicle weight limitations; prohibiting the use of a violation of a vehicle weight limitation for certain personal automobile insurance actions; amending Rule 43.6, Alaska Rules of Administration; and providing for an effective date" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. 2006-05-09 Senate Journal Page 3380 HB 485 The reconsideration on HOUSE BILL NO. 485 am (efd fld S) "An Act amending the State Personnel Act to place in the exempt service pharmacists and physicians employed in the Department of Health and Social Services or in the Department of Corrections" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Engrossment HB 13 SENATE CS FOR CS FOR HOUSE BILL NO. 13(FIN) "An Act relating to reimbursement of municipal bonds for school construction; increasing the base student allocation used in the formula for state financing of public education; relating to the district cost factors for state funding of public education; relating to school improvement funding; and providing for an effective date" which had been engrossed (page 3338) was signed by the President and Secretary and returned to the House for consideration. HB 109 SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) "An Act relating to establishing a screening, tracking, and intervention program related to the hearing ability of newborns and infants; providing an exemption to licensure as an audiologist for certain persons performing hearing screening; relating to insurance coverage for newborn and infant hearing screening; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 257 CS FOR HOUSE BILL NO. 257(JUD)(efd fld S) "An Act relating to and extending the pilot program for state procurement and electronic commerce tools" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2006-05-09 Senate Journal Page 3381 HB 381 SENATE CS FOR CS FOR HOUSE BILL NO. 381(FIN) am S "An Act relating to the financing of construction, major maintenance, and renovation of certain capital projects; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation, and relating to that sale and the use of the revenue; authorizing the Northern Tobacco Securitization Corporation to issue bonds and use the proceeds to acquire the right to receive a portion of anticipated revenue from a tobacco litigation settlement and for other purposes, and relating to those bonds; and providing for an effective date" which had been engrossed (page 3338) was signed by the President and Secretary and returned to the House for consideration. HB 403 SENATE CS FOR CS FOR HOUSE BILL NO. 403(TRA) "An Act relating to registration and operation of low-speed vehicles" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 482 SENATE CS FOR CS FOR HOUSE BILL NO. 482(JUD) "An Act relating to harassment, intimidation, and bullying in schools" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 485 HOUSE BILL NO. 485 am(efd fld S) "An Act amending the State Personnel Act to place in the exempt service pharmacists and physicians employed in the Department of Health and Social Services or in the Department of Corrections" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2006-05-09 Senate Journal Page 3382 Adjournment Senator Gary Stevens moved and asked unanimous consent that the Twenty-fourth Alaska Senate adjourn sine die. Without objection, the Senate adjourned at 11:54 p.m. Kirsten Waid Secretary of the Senate May 2006