Legislature(2005 - 2006)

2006-05-23 Senate Journal

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2006-05-23                     Senate Journal                      Page 3501
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                            SECOND SPECIAL SESSION                                               
                                                                                                    
Juneau, Alaska                     Tuesday                     May 23, 2006                       
                                                                                                    
                                Fourteenth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 8:05 a.m.                                                                                
                                                                                                    
The roll showed eighteen members present. Senator Guess was                                         
excused from a call of the Senate. Senator Therriault was absent.                                   
                                                                                                    
The prayer was offered by the Chaplain, Amanda Green. Senator                                       
Olson moved and asked unanimous consent that the prayer be spread.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
          Dear Lord,                                                                                
                                                                                                    
          Please guide us through both the trials and                                               
          tribulations and the joys and discoveries which we                                        
          encounter today. Help us to use our best judgment in                                      
          our actions throughout this day, this week and this                                       
          session.                                                                                  
                                                                                                    
          We thank You for the vast beauty and resources of                                         
          our State. We thank You for the friends and family                                        
          who support us while we serve as representatives of                                       
          the people of this State. With Your help, may we do                                       
    Your will today.                                                 Amen.                         
                                                                                                    
Senator Davis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

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                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the thirteenth legislative day be approved as certified by the                          
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
SB 306                                                                                            
Message was read stating the Governor signed the following bill on                                  
May 18 and transmitted the engrossed and enrolled copies to the                                     
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          SENATE BILL NO. 306 "An Act requiring an                                                  
          employing unit with a change in ownership,                                                
          management, or control or similar change to notify                                        
          the Department of Labor and Workforce                                                     
          Development of the change; relating to the                                                
          unemployment contribution rate of an employing                                            
          unit; defining 'business' for purposes of statutes                                        
          setting unemployment contribution rates; establishing                                     
          the crime of obtaining an unemployment rate by                                            
          deception; and providing for an effective date."                                          
                                                                                                    
                             Chapter 27, SLA 2006                                                  
                         Effective Date: See Chapter                                               
                                                                                                    
SB 308                                                                                            
Message was read stating the Governor signed the following bill on                                  
May 18 and transmitted the engrossed and enrolled copies to the                                     
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          SENATE BILL NO. 308 "An Act authorizing the                                               
          Alaska Railroad Corporation to issue revenue bonds                                        
          to finance rail transportation projects that qualify for                                  
          federal financial participation; and providing for an                                     
          effective date."                                                                          
                                                                                                    
                             Chapter 28, SLA 2006                                                  
                           Effective Date: 05/19/06                                                

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SB 207                                                                                            
Message was read stating the Governor signed the following bill on                                  
May 18 and transmitted the engrossed and enrolled copies to the                                     
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          CS FOR SENATE BILL NO. 207(FIN) "An Act                                                   
          relating to the membership on the board of directors                                      
              of the Alaska Aerospace Development Corporation."                                    
                                                                                                    
                             Chapter 29, SLA 2006                                                  
                          Effective Date: 08/16/2006                                               
                                                                                                    
HB 365                                                                                            
Message dated May 22 was read, stating:                                                             
                                                                                                    
On this date I have signed the following bill passed by the second                                  
session of the Twenty-Fourth Alaska State Legislature and am                                        
transmitting the engrossed and enrolled copies to the Lieutenant                                    
Governor's Office for permanent filing:                                                             
                                                                                                    
          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."                                                                          
                                                                                                    
                             Chapter 33, SLA 2006                                                  
                        [Effective Date: See Chapter]                                              
                                                                                                    
When I introduced the Fiscal Year 2007 operating budget in                                          
December, it reflected my administration's commitment to ensuring                                   
each Alaskan has the opportunity to fully participate in Alaska's bright                            
future.                                                                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-23                     Senate Journal                      Page 3504
I am pleased with the Legislature's support of our proposals.  Our                                  
work together reflects our shared vision for the future and means every                             
Alaskan can have hope for what the future will bring, instead of                                    
simply hoping for a future.                                                                         
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
HB 366                                                                                            
Message was read stating the Governor signed the following bill on                                  
May 22 and transmitted the engrossed and enrolled copies to the                                     
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          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."                                                                   
                                                                                                    
                             Chapter 34, SLA 2006                                                  
                          Effective Date: 07/01/2006                                               
                                                                                                    
HB 381                                                                                            
Message dated May 22 was read, stating:                                                             
                                                                                                    
On this date I have signed the following bill passed by the second                                  
session of the Twenty-Fourth Alaska State Legislature and am                                        
transmitting the engrossed and enrolled copies to the Lieutenant                                    
Governor's Office for permanent filing:                                                             
                                                                                                    
          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                                     

2006-05-23                     Senate Journal                      Page 3505
          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."                                        
                                                                                                    
                             Chapter 35, SLA 2006                                                  
                         [Effective Date: 07/01/2006]                                              
                                                                                                    
Passage of this legislation enables the state to refinance existing                                 
tobacco bonds and further leverage payment from the tobacco Master                                  
Settlement Agreement that was reached in 1998.  This revenue will                                   
fund a number of important capital projects-from $94 million for the                                
University of Alaska to road and other infrastructure improvements                                  
around the state.                                                                                   
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SCR 201                                                                                           
Message dated May 22 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 201                                                      
          Authorizing the Senate or the House of                                                    
          Representatives to recess for periods longer than                                         
          three days during special sessions.                                                       
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    

2006-05-23                     Senate Journal                      Page 3506
Alaska Labor Relations Agency 2005 Annual Report                                                    
from Mark Torgerson, Administrator/Hearing Examiner                                                 
in accordance with AS 23.05.370(a)(4)                                                               
                                                                                                    
The presence of Senator Therriault was noted.                                                       
                                                                                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 2001                                                                                           
Senator Gary Stevens requested that the reconsideration on CS FOR                                   
SENATE BILL NO. 2001(FIN) be taken up. The bill was before the                                      
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
2001(FIN) "An Act relating to the production tax on oil and gas and to                              
conservation surcharges on oil; relating to criminal penalties for                                  
violating conditions governing access to and use of confidential                                    
information relating to the production tax; amending the definition of                              
'gas' as that definition applies in the Alaska Stranded Gas                                         
Development Act; making conforming amendments; and providing for                                    
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
CSSB 2001(FIN)                                                                                      
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Green, Hoffman, Huggins,                                       
Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Ellis, Elton, French, Kookesh                                                                
                                                                                                    
Excused:  Guess                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 2001(FIN) passed the Senate on                                       
reconsideration.                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-23                     Senate Journal                      Page 3507
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                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 2001                                                                                           
CS FOR SENATE BILL NO. 2001(FIN) "An Act relating to the                                            
production tax on oil and gas and to conservation surcharges on oil;                                
relating to criminal penalties for violating conditions governing access                            
to and use of confidential information relating to the production tax;                              
amending the definition of 'gas' as that definition applies in the Alaska                           
Stranded Gas Development Act; making conforming amendments; and                                     
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
                                                                                                    
                          Engrossment and Enrollment                                             
                                                                                                    
SB 104                                                                                            
CONFERENCE CS FOR SENATE BILL NO. 104 "An Act relating to                                           
the crimes of unsworn falsification in the first degree involving an                                
application for a permanent fund dividend and false information or                                  
report involving eligibility for a permanent fund dividend; requiring                               
the establishment of a permanent fund dividend fraud investigation                                  
unit in the Department of Revenue; relating to service in the peace                                 
corps and as a member of the United States Olympic Team as                                          
allowable absences from the state for purposes of eligibility for                                   
permanent fund dividends and to the period for filing an application                                
for a permanent fund dividend; authorizing the Department of                                        
Revenue to issue administrative orders imposing sanctions for certain                               
misrepresentations or other actions concerning eligibility for a                                    
permanent fund dividend and providing for administrative appeal of                                  

2006-05-23                     Senate Journal                      Page 3508
those orders; and providing for an effective date" was engrossed and                                
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 8:49 a.m., May 23, 2006.                                                         
                                                                                                    
Memorandum from the Division of Legal and Research Services,                                        
Legislative Affairs Agency, reporting the following manifest error in                               
CONFERENCE CS FOR SENATE BILL NO. 104 which has been                                                
corrected in enrolling:                                                                             
                                                                                                    
Page 9, line 29:                                                                                    
     Delete "(1)"                                                                               
     Insert "(4)"                                                                               
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 1:00 p.m., May 31, 2006. Without                                  
objection, the Senate adjourned at 8:23 a.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2006                        

2006-05-23                     Senate Journal                      Page 3509
                                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 23        Tuesday                       Centennial Hall           9:00 AM                     
              Presentation on Proposed Gas Pipeline                                                 
              Contract                                                                              
                                                                                                    
May 23        Tuesday                       Centennial Hall           1:30 PM                     
              -- Meeting Canceled --                                                                
              Presentation on Proposed Gas Pipeline                                                 
              Contract