Legislature(2005 - 2006)

2006-08-03 Senate Journal

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2006-08-03                     Senate Journal                      Page 3701
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                            THIRD SPECIAL SESSION                                                
                                                                                                    
Juneau, Alaska                    Thursday                   August 3, 2006                       
                                                                                                    
                               Twenty-third Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 10:16 p.m.                                                                               
                                                                                                    
The roll showed sixteen members present. Senators Cowdery, Davis,                                   
Seekins, Therriault were absent.                                                                    
                                                                                                    
The prayer was offered by the Chaplain, Lindy Stoops. Senator                                       
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Our Dear Father in Heaven,                                                                
                                                                                                    
          We express our gratitude to Thee for the everyday                                         
          freedoms we enjoy in our country. We are especially                                       
          grateful for the privilege to express our particular                                      
          views and opinions.                                                                       
                                                                                                    
          We ask Thee to bless this legislative body here to                                        
          serve our fellow Alaskans. May they be inspired on                                        
          this day to vote their conscience as well as to make                                      
          the best decisions for the people of Alaska. We pray                                      
          that Thou wilt bless those who speak on this day with                                     
          a spirit of unity.                                                                        
                                                                                                    
          All of these things I say are in the name of Jesus                                        
 Christ.                                                                Amen.                      
                                                                                                    
Senator Wilken led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    

2006-08-03                     Senate Journal                      Page 3702
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the sixteenth through twenty-second legislative days be                                
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                          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 am supplementing my                                     
proclamations of June 26, 2006, and July 25, 2006, concerning the                                   
third special session of the Twenty-Fourth Legislature of the State of                              
Alaska, with the addition of the following subject:                                                 
                                                                                                    
          Making appropriations from the Railbelt energy fund                                       
          (AS 37.05.520) to facilitate electric generation and                                      
          transmission projects and to facilitate providing for                                     
          the economic dispatch of Railbelt electricity.                                            
                                                                                                    
This proclamation supplements my proclamations of June 26, 2006,                                    
and July 25, 2006.                                                                                  
                                                                                                    
Dated at Juneau, Alaska this 3rd day of August, 2006.                                               
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
The presence of Senator Seekins was noted.                                                          
                                                                                                    
HB 393                                                                                            
Message was read stating the Governor signed the following bill on                                  
August 2 and transmitted the engrossed and enrolled copies to the                                   
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    

2006-08-03                     Senate Journal                      Page 3703
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          393(HES) "An Act requiring that certain health care                                       
          insurance plans provide coverage for the costs of                                         
          colorectal cancer screening examinations and                                              
           laboratory tests; and providing for an effective date."                                 
                                                                                                    
                             Chapter 97, SLA 2006                                                  
                            Effective Date: 1/1/07                                                 
                                                                                                    
The presence of Senator Davis was noted.                                                            
                                                                                                    
HB 446                                                                                            
Message was read stating the Governor signed the following bill on                                  
August 2 and transmitted the engrossed and enrolled copies to the                                   
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          CS FOR HOUSE BILL NO. 446(JUD) "An Act                                                    
          relating to the amount of a civil penalty for an                                          
          unlawful act or practice in the conduct of trade or                                       
          commerce; and eliminating mandatory continuances                                          
          in these matters after issuance of an injunction."                                        
                                                                                                    
                             Chapter 98, SLA 2006                                                  
                           Effective Date: 10/31/06                                                
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 3005                                                                                           
SENATE BILL NO. 3005 "An Act relating to contempt of court and                                      
to temporary detention and identification of persons" was read the                                  
second time.                                                                                        
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 3698.                                
Without objection, CS FOR SENATE BILL NO. 3005(JUD) "An Act                                         
relating to contempt of court and to temporary detention and                                        
identification of persons; and providing for an effective date" was                                 
adopted.                                                                                            

2006-08-03                     Senate Journal                      Page 3704
Senators Bunde, French offered Amendment No. 1 :                                                     
                                                                                                    
Page 2, lines 14 - 16:                                                                              
    Delete all material and insert:                                                                 
                        "(1)  the person witnessed or was at or near the                            
          scene of the commission of a felony crime against a person                                
          under AS 11.41, arson under AS 11.46.400 or 11.46.410,                                    
          criminal mischief under AS 11.46.475 or 11.46.480, or                                     
          misconduct involving weapons under AS 11.61.190 or                                        
          11.61.195(a)(3);"                                                                         
                                                                                                    
Page 3, following line 28:                                                                          
    Insert a new subsection to read:                                                                
               "(e)  This section does not limit the authority of peace                             
          officers to investigate crimes, to collect evidence, to                                   
          photograph crime scenes, evidence, or bystanders, to issue                                
          lawful court process, or to ensure the welfare of crime victims                           
          or other persons."                                                                        
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Senator Bunde moved for the adoption of Amendment No. 1. Without                                    
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
CS FOR SENATE BILL NO. 3005(JUD) am was read the third time.                                        
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 3005(JUD)                                         
am "An Act relating to contempt of court and to temporary detention                                 
and identification of persons; and providing for an effective date" pass                            
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-08-03                     Senate Journal                      Page 3705
CSSB 3005(JUD) am                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  2   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Davis, Dyson, Ellis, French, Green, Guess, Hoffman,                                   
Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner,                                    
Wilken                                                                                              
                                                                                                    
Nays:  Elton, Huggins                                                                               
                                                                                                    
Absent:  Cowdery, Therriault                                                                        
                                                                                                    
and so, CS FOR SENATE BILL NO. 3005(JUD) am passed the                                              
Senate.                                                                                             
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 3005                                                                                           
Senator Bunde gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 3005(JUD) am and moved and asked unanimous consent                                         
that it be taken up at this time. Without objection, it was so ordered                              
and the bill was before the Senate on reconsideration.                                              
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
3005(JUD) am "An Act relating to contempt of court and to temporary                                 
detention and identification of persons; and providing for an effective                             
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSSB 3005(JUD) am                                                                                   
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Davis, Dyson, Ellis, French, Green, Guess, Hoffman,                                   
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Elton                                                                                        
                                                                                                    
Absent:  Cowdery, Therriault                                                                        

2006-08-03                     Senate Journal                      Page 3706
                                                                                                    
and so, CS FOR SENATE BILL NO. 3005(JUD) am passed the                                              
Senate on reconsideration.                                                                          
                                                                                                    
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.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
                                  Citations                                                      
                                                                                                    
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                                              
                                                                                                    
In Memoriam - Zachary Miller Warwick                                                                
Senators Therriault, Wilken, Ben Stevens, Bunde, Cowdery, Davis,                                    
Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins,                                        
Kookesh, Olson, Seekins, Stedman, Gary Stevens, Wagoner                                             
                                                                                                    
In Memoriam - Representative Blanche Louise Preston McSmith                                         
Senators Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                   
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
Senator Davis moved and asked unanimous consent to be excused                                       
from a call of the Senate from August 5 to morning plane time, August                               
6. Without objection, Senator Davis was excused.                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-08-03                     Senate Journal                      Page 3707
Senator Kookesh moved and asked unanimous consent to be excused                                     
from a call of the Senate from morning plane time, August 7 to plane                                
time, August 8. Without objection, Senator Kookesh was excused.                                     
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate from August 5 through August 7. Without                                   
objection, Senator Olson was excused.                                                               
                                                                                                    
Senator Seekins  moved and asked unanimous consent to be excused                                    
from a call of the Senate on August 5. Without objection, Senator                                   
Seekins was excused.                                                                                
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 3005                                                                                           
CS FOR SENATE BILL NO. 3005(JUD) am "An Act relating to                                             
contempt of court and to temporary detention and identification of                                  
persons; and providing for an effective date" was engrossed, signed by                              
the President and Secretary and transmitted to the House for                                        
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., August 4, 2006. Without                               
objection, the Senate adjourned at 10:34 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                                                    

2006-08-03                     Senate Journal                      Page 3708
                                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.                                                     
                                                                                                    
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                              SPECIAL COMMITTEES                                                 
                                                                                                    
                     SPECIAL COMMITTEE ON NATURAL GAS DEV                                        
                                                                                                    
Aug 03        Thursday                  Senate Finance 532            9:00 AM                     
+= SB3002 STRANDED GAS AMENDMENTS                                                                   
              AK Gasline Port Authority Presentation                                                
                                                                                                    
Aug 04        Friday                    Senate Finance 532          10:00 AM                      
              -- Time Change --                                                                     
+= SB3002 STRANDED GAS AMENDMENTS                                                                   
              AK Gasline Port Authority Presentation