Legislature(2005 - 2006)

2006-05-16 Senate Journal

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2006-05-16                     Senate Journal                      Page 3403
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                            SECOND SPECIAL SESSION                                               
                                                                                                    
Juneau, Alaska                     Tuesday                     May 16, 2006                       
                                                                                                    
                                 Seventh Day                                                     
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 8:08 a.m. The Senate was convened for the purpose of a                                   
technical session.                                                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
roll call of the Senate be waived and all members be shown as present.                              
Without objection, it was so ordered.                                                               
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
HB 392                                                                                            
Message dated May 11 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
                  CS FOR HOUSE BILL NO. 392(L&C) am "An Act                                        
            authorizing the establishment of regional solid waste                                  
          management authorities."                                                                  
                                                                                                    
                             Chapter 26, SLA 2006                                                  
                           Effective Date: 08/09/06                                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HCR 30                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE CONCURRENT                                                         
RESOLUTION NO. 30(FIN) am, thus adopting:                                                           

2006-05-16                     Senate Journal                      Page 3404
          SENATE CS FOR CS FOR HOUSE                                                                
          CONCURRENT RESOLUTION NO. 30(FIN)                                                         
          Creating an Alaska Climate Impact Assessment                                              
          Commission.                                                                               
                                                                                                    
HJR 9                                                                                             
Message dated May 9 was received, stating the House concurred in the                                
Senate amendments to HOUSE JOINT RESOLUTION NO. 9 am                                                
Urging the United States Congress to honor the process and judgment                                 
of the federal courts in the case of the Exxon Valdez disaster and to                               
refrain from enacting legislation that would affect the outcome of the                              
courts' resolution of the case, thus adopting:                                                      
                                                                                                    
          SENATE CS FOR HOUSE JOINT RESOLUTION                                                      
          NO. 9(JUD) am S Urging the United States Congress                                         
          to honor the process and judgment of the federal                                          
          courts in the case of the Exxon Valdez disaster and to                                    
          refrain from enacting legislation that would affect the                                   
          outcome of the courts' resolution of the case; urging                                     
          the United States Department of Justice and the                                           
          Alaska Department of Law to identify all natural                                          
          resource damages from the Exxon Valdez oil spill                                          
          that were unanticipated at the time of the 1991                                           
          settlement, to develop plans to remedy the damages,                                       
          and to present the ExxonMobil Corporation with a                                          
          request for the full $100,000,000 that is available                                       
          through the "Reopener for Unknown Injury" clause                                          
          of the 1991 civil settlement to carry out these plans.                                    
                                                                                                    
HJR 31                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to HOUSE JOINT RESOLUTION NO. 31, thus                                             
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR HOUSE JOINT RESOLUTION                                                      
          NO. 31(HES) Relating to designating September 9,                                          
          2006, as Fetal Alcohol Spectrum Disorders                                                 
          Awareness Day.                                                                            
                                                                                                    

2006-05-16                     Senate Journal                      Page 3405
HB 13                                                                                             
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 13(RLS) am, thus                                          
adopting:                                                                                           
                                                                                                    
          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."                                                     
                                                                                                    
HB 16                                                                                             
Message dated May 9 was received, 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                                       
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."                                           
                                                                                                    
HB 41                                                                                             
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 41(FIN) "An Act                                           
relating to minimum periods of imprisonment for the crime of assault                                
in the fourth degree committed against an employee of an elementary,                                
junior high, or secondary school or certain contractors of school                                   
districts who were engaged in the performance of school duties at the                               
time of the assault" thus adopting:                                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-16                     Senate Journal                      Page 3406
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          41(JUD) "An Act relating to minimum periods of                                            
          imprisonment for the crime of assault in the fourth                                       
          degree committed on school grounds, on a school                                           
          bus, at a school-sponsored event, or at certain school                                    
          district administration offices."                                                         
                                                                                                    
HB 83                                                                                             
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 83(FIN), thus                                             
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          83(FIN) "An Act relating to the Alaska Seismic                                            
          Hazards Safety Commission; and providing for an                                           
          effective date."                                                                          
                                                                                                    
HB 105                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 105(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          105(FIN) "An Act relating to coverage for adult                                           
          dental services under Medicaid; and providing for an                                      
          effective date."                                                                          
                                                                                                    
HB 107                                                                                            
Message dated May 9 was received, stating the House failed to concur                                
in the Senate amendment to CS FOR HOUSE BILL NO. 107(FIN),                                          
namely:                                                                                             
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          107(JUD) "An Act relating to unlawful obstruction or                                      
          hindrance of hunting, fishing, trapping, or viewing of                                    
          fish or game; and amending Rule 82, Alaska Rules of                                       
          Civil Procedure, and Rule 508, Alaska Rules of                                            
          Appellate Procedure."                                                                     
                                                                                                    

2006-05-16                     Senate Journal                      Page 3407
HB 109                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 109(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          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."                                                                                    
                                                                                                    
HB 240                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 240(RLS) am, thus                                         
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          240(FIN) "An Act relating to brewery and brewpub                                          
          licensing and relating to sales of wine by a winery                                       
          licensee."                                                                                
                                                                                                    
HB 258                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 258(JUD) "An Act                                          
relating to aggravating factors at sentencing for sexual assault and                                
sexual abuse" thus adopting:                                                                        
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          258(JUD) "An Act relating to sexual abuse of a                                            
          minor in the second degree and to aggravating factors                                     
          at sentencing for sexual assault and sexual abuse."                                       
                                                                                                    
HB 326                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 326(JUD) am "An                                           
Act relating to the definition of the crime of harassment" thus                                     
adopting:                                                                                           

2006-05-16                     Senate Journal                      Page 3408
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          326(JUD) "An Act relating to the definition of the                                        
          crime of harassment; and providing for an effective                                       
          date."                                                                                    
                                                                                                    
HB 334                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 334(FIN) "An Act                                          
relating to an exemption from and deferral of municipal property taxes                              
for certain types of deteriorated property" thus adopting:                                          
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          334(FIN) "An Act relating to a mandatory exemption                                        
          for certain residences owned by a religious                                               
          organization, to an exemption from and deferral of                                        
          municipal property taxes for certain types of                                             
          deteriorated property, and to an optional deferral of                                     
          municipal property taxes on certain primary                                               
          residences owned and occupied by individuals with                                         
          incomes at or below federal poverty guidelines for                                        
          the state."                                                                               
                                                                                                    
HB 365                                                                                            
Message dated May 9 was received, 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. 365(FIN)(brf sup maj fld S) and CS FOR HOUSE BILL NO.                                           
365(FIN) am(brf sup maj fld), thus adopting:                                                        
                                                                                                    
          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."                                          
                                                                                                    
Pursuant to a Legislative Finance Division memorandum regarding a                                   
technical error in section 3, the following is engrossed and enrolled:                              
                                                                                                    

2006-05-16                     Senate Journal                      Page 3409
          CONFERENCE CS FOR HOUSE BILL NO.                                                          
          365(Corrected) "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 Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 365                                             
on May 9 (page 3376).                                                                               
                                                                                                    
HB 366                                                                                            
Message dated May 9 was received, 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. 366(FIN) and CS FOR HOUSE BILL NO. 366(FIN), thus                                               
adopting:                                                                                           
                                                                                                    
          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 Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 366                                             
on May 9 (page 3373).                                                                               
                                                                                                    
HB 377                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 377(L&C) am, thus                                         
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          377(L&C) "An Act relating to an exemption from                                            
          certain registration and practice requirements for                                        
          persons preparing drawings or specifications related                                      
          to the construction of certain buildings and the                                          
          grounds of the buildings."                                                                
                                                                                                    

2006-05-16                     Senate Journal                      Page 3410
HB 381                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendments to CS FOR HOUSE BILL NO. 381(FIN), thus                                           
adopting:                                                                                           
                                                                                                    
          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."                                        
                                                                                                    
HB 399                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 399(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          399(STA) "An Act establishing the office of elder                                         
          fraud and assistance; and relating to fraud involving                                     
          older Alaskans."                                                                          
                                                                                                    
HB 403                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 403(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          403(TRA) "An Act relating to registration and                                             
          operation of low-speed vehicles."                                                         
                                                                                                    
                                                                                                    

2006-05-16                     Senate Journal                      Page 3411
HB 414                                                                                            
Message dated May 9 was received, stating the House has adopted the                                 
corrected 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(Corrected) "An Act relating to the interception of the                                     
     private communications of a minor."                                                            
                                                                                                    
The Senate adopted CONFERENCE CS FOR HOUSE BILL NO.                                                 
414(Corrected) on May 9 (page 3372).                                                                
                                                                                                    
HB 426                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 426(FIN)(title am),                                       
thus adopting:                                                                                      
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO. 426(FIN)                                                   
     "An Act relating to cooperation of insurers with the                                           
     Department of Health and Social Services; relating to                                          
     subrogation, assignment, and lien rights and notices for                                       
     medical assistance claims; relating to recovery of medical                                     
     assistance overpayments; relating to asset transfers and                                       
     income diversion by medical assistance applicants; relating                                    
     to assets and Medicare enrollment as they affect medical                                       
     assistance coverage; relating to home and community-                                           
     based services; relating to medical assistance applications                                    
     for persons under 21 years of age; requiring a report by the                                   
     Department of Health and Social Services; and providing                                        
     for an effective date."                                                                        
                                                                                                    
HB 482                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 482(JUD), thus                                            
adopting:                                                                                           
                                                                                                    
     SENATE CS FOR CS FOR HOUSE BILL NO.                                                            
     482(JUD) "An Act relating to harassment, intimidation,                                         
     and bullying in schools."                                                                      

2006-05-16                     Senate Journal                      Page 3412
HB 484                                                                                            
Message dated May 9 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 484(FSH), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          484(FIN) "An Act allowing for revenue received                                            
          from issuance of additional entry permits to be                                           
          appropriated for reimbursement to salmon fishery                                          
          associations."                                                                            
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                          Engrossment and Enrollment                                             
                                                                                                    
SB 172                                                                                            
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" 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 2:13 p.m., May 15, 2006.                                                                
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 8:00 a.m., May 19, 2006. Without                                  
objection, the Senate adjourned at 8:09 a.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    June 2006                       

2006-05-16                     Senate Journal                      Page 3413
                                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.                                                     
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                            MISCELLANEOUS MEETINGS                                               
                                                                                                    
May 16        Tuesday                       Centennial Hall           9:00 AM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 16        Tuesday                       Centennial Hall           1:30 PM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 17        Wednesday                     Centennial Hall           9:00 AM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 17        Wednesday                     Centennial Hall           1:30 PM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 18        Thursday                      Centennial Hall           9:00 AM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 18        Thursday                      Centennial Hall           1:30 PM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 19        Friday                        Centennial Hall           9:00 AM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 20        Saturday                      Centennial Hall           9:00 AM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 20        Saturday                      Centennial Hall           1:30 PM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
                                                                                                    
May 21        Sunday                        Centennial Hall           9:00 AM                     
              Presentation on Proposed Gas Pipeline Contract                                        

2006-05-16                     Senate Journal                      Page 3414
May 21        Sunday                        Centennial Hall           1:30 PM                     
              -- Meeting Canceled --                                                                
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 22        Monday                        Centennial Hall           9:00 AM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 23        Tuesday                       Centennial Hall           9:00 AM                     
              Presentation on Proposed Gas Pipeline Contract                                        
                                                                                                    
May 23        Tuesday                       Centennial Hall           1:30 PM                     
              Presentation on Proposed Gas Pipeline Contract