Legislature(2005 - 2006)
2006-02-06 Senate Journal
Full Journal pdf2006-02-06 Senate Journal Page 2073 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday February 6, 2006 Twenty-ninth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:17 a.m. The roll showed eighteen members present. Senators Guess, Hoffman, were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Jesse Perry of the Northern Light United Church. Senator Bunde moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. For our common good, and in deepest respect for the religious diversity of all Alaskans, I offer this prayer: O Sacred One, Light of the world, Healer and Hope of all the peoples of the earth-- Unite this body of Senators in service to the people of, by, and for whom they have been assembled. Equip them with wisdom, humility, and selfless courage. Inspire them with a vision of peace with justice, and Let their deliberations be guided by clarity of conscience and will. O Strength of the weak, Servant of all who serve, and Unity of all that is broken in the world-- 2006-02-06 Senate Journal Page 2074 May this assembly begin In thankful and patient anticipation, Ever aware of the sacred circle that encompasses all our days, and all our ways. In hopeful reverence we pray, Amen. Senator Gary Stevens led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the twenty-sixth through twenty-eighth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Communications The following reports are on file in the Office of the Secretary of the Senate: 2005 Alaska Marine Highway Annual Financial Report Fiscal Year Ended June 30, 2005 from Mike Barton, Commissioner Department of Transportation and Public Facilities in accordance with AS 19.65.070 Schedule of Compensation and Schedule of Travel for Alaska Court System Supreme Court Justices, Appellate Court Judges and Administrative Director, Calendar Year 2005 from Stephanie J. Cole, Administrative Director, Alaska Court System in accordance with AS 22.20.037(d) Standing Committee Reports Report dated February 3 was read, stating: In accordance with AS 39.05.080, the Health, Education and Social Services Committee reviewed the following with regard to confirmation of the Governor's appointments: 2006-02-06 Senate Journal Page 2075 Commissioner - Department of Health and Social Services Karleen Jackson There were no stated objections to the confirmation of the named individual by committee members. This does not reflect intent by any of the members to vote for or against the individual during any further sessions. Signing the report: Senator Dyson, Chair, Senators Green, Elton. SB 177 The Health, Education and Social Services Committee considered SENATE BILL NO. 177 "An Act eliminating the requirement that persons using titles or descriptions of services that incorporate the terms 'psychotherapy,' 'psychotherapeutic,' or 'psychotherapist' be licensed by the Board of Psychologist and Psychological Associate Examiners" and recommended it be replaced with CS FOR SENATE BILL NO. 177(HES) "An Act eliminating the prohibition on the use by certain licensed professionals of titles or descriptions of services that incorporate the terms 'psychoanalysis,' 'psychoanalyst,' psychotherapy,' 'psychotherapeutic,' or 'psychotherapist.'" Signing do pass: Senator Dyson, Chair; Senator Elton. Signing no recommendation: Senator Green. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Labor and Commerce Committee. SB 207 The Labor and Commerce Committee considered SENATE BILL NO. 207 "An Act relating to the membership on the board of directors of the Alaska Aerospace Development Corporation" and recommended it be replaced with 2006-02-06 Senate Journal Page 2076 CS FOR SENATE BILL NO. 207(L&C) Signing do pass: Senator Bunde, Chair; Senators Seekins, Davis, Ben Stevens. Signing no recommendation: Senator Ellis. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. SB 210 Forthcoming fiscal note (page 2056) for SENATE BILL NO. 210 "An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws" was published today: Fiscal Note No. 1, zero, Department of Public Safety Introduction and Reference of Senate Bills SB 268 SENATE BILL NO. 268 BY THE SENATE RULES COMMITTEE BY REQUEST, entitled: "An Act relating to geographic cost-of-living adjustments applied to the salary of a justice of the supreme court or a judge of the superior or district court; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 269 SENATE BILL NO. 269 BY THE SENATE RULES COMMITTEE BY REQUEST, entitled: "An Act relating to the compensation of justices and judges; and providing for an effective date." 2006-02-06 Senate Journal Page 2077 was read the first time and referred to the Judiciary and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 54 SENATE BILL NO. 54 "An Act relating to notification to victims of sexual assault; relating to protective orders; and relating to arrests for crimes involving sexual assault, violation of protective orders, or violation of conditions of release" was read the second time. Senator Green, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1978. Without objection, CS FOR SENATE BILL NO. 54(FIN) "An Act amending protective order statutes for crimes involving stalking to include crimes involving sexual assault and sexual abuse, to provide for other relief ordered by a court, to add the protective orders to a centralized registry, to prevent denial solely for a lapse of time, and to require notification of the court of known civil or criminal actions involving the petitioner or respondent; relating to notifications to victims of sexual assault and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure" was adopted. Senators Bunde, Huggins, Seekins, Kookesh, Elton, Davis, Stedman, Green, Cowdery, Ben Stevens, Gary Stevens, Olson, Wagoner moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. 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. 54(FIN) was read the third time. 2006-02-06 Senate Journal Page 2078 The question being: "Shall CS FOR SENATE BILL NO. 54(FIN) "An Act amending protective order statutes for crimes involving stalking to include crimes involving sexual assault and sexual abuse, to provide for other relief ordered by a court, to add the protective orders to a centralized registry, to prevent denial solely for a lapse of time, and to require notification of the court of known civil or criminal actions involving the petitioner or respondent; relating to notifications to victims of sexual assault and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure" pass the Senate?" The roll was taken with the following result: CSSB 54(FIN) Third Reading - Final Passage Court Rule YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Guess, Hoffman and so, CS FOR SENATE BILL NO. 54(FIN) passed the Senate. Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered. Senator French gave notice of reconsideration. SB 55 SENATE BILL NO. 55 "An Act instructing the commissioner of natural resources to issue a patent for the remaining interest in certain state land to the owner of the agricultural rights to that land" was read the second time. Senator Green, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1940. Without objection, CS FOR SENATE BILL NO. 55(FIN) was adopted. 2006-02-06 Senate Journal Page 2079 Senators Bunde, Seekins moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. 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. 55(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 55(FIN) "An Act instructing the commissioner of natural resources to issue a patent for the remaining interest in certain state land to the owner of the agricultural rights to that land" pass the Senate?" The roll was taken with the following result: CSSB 55(FIN) Third Reading - Final Passage YEAS: 17 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis Excused: Guess, Hoffman and so, CS FOR SENATE BILL NO. 55(FIN) passed the Senate. Senator Ellis gave notice of reconsideration. SB 85 SENATE BILL NO. 85 "An Act repealing the ban on the use of certain off-road vehicles within five miles of the right-of-way of the James Dalton Highway; and providing for an effective date" was read the second time. The following fiscal information was published today: Fiscal Note No. 4, zero, Department of Transportation and Public Facilities Fiscal Note No. 5, zero, Department of Military and Veterans Affairs Fiscal Note No. 6, zero, Department of Public Safety 2006-02-06 Senate Journal Page 2080 President Stevens stated SENATE BILL NO. 85 will be on the February 8 calendar. SB 236 SENATE BILL NO. 236 "An Act relating to the dividend paid to the state by the Alaska Housing Finance Corporation; and providing for an effective date" was read the second time. Senator Green, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2057. Without objection, CS FOR SENATE BILL NO. 236(FIN) "An Act relating to subsidiary corporations of the Alaska Housing Finance Corporation and to the dividend paid to the state by the Alaska Housing Finance Corporation; and providing for an effective date" was adopted. President Stevens stated CS FOR SENATE BILL NO. 236(FIN) will be on the February 8 calendar. Citations Honoring - Black History Month 2006, Celebrating Community: African American Fraternal Social and Civic Organizations Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton, French, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Kenai Central High School Football Team, 2005 Small- Schools State Champions Representative(s) Olson Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken In Memoriam - Jan Fredericks Representative(s) Samuels Senator(s) Cowdery, Ben Stevens, Bunde, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 2006-02-06 Senate Journal Page 2081 In Memoriam - Phillip Kamkoff Representative(s) Foster Senator(s) Olson, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Stedman moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, February 24 to afternoon plane time, February 27. Without objection, Senator Stedman was excused. HB 81 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD) "An Act establishing an administrative fine and procedure for construction contractors in certain circumstances; increasing the amount of a civil penalty for persons acting in the capacity of contractors or home inspectors; modifying the elements of a crime involving contractor registration and residential contractors; modifying the exemptions from regulation under AS 08.18 for contractors; and exempting the administrative hearings for imposing an administrative fine on construction contractors from the hearings conducted by the office of administrative hearings in the Department of Administration" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Concur Messages SB 164 Senator Gary Stevens moved and asked unanimous consent that the concur message, on HOUSE CS FOR CS FOR SENATE BILL NO. 164(RLS) "An Act relating to the salmon product development tax credit; providing for an effective date by amending an effective date in 2006-02-06 Senate Journal Page 2082 sec. 7, ch. 57, SLA 2003; and providing for an effective date" which had been held on the Secretary's desk (page 2054), be brought up at this time. Without objection, it was so ordered. Senator Gary Stevens moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: HCS CSSB 164(RLS) Shall the Senate Concur in the House Amendment to CSSB 164(FIN)? Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Guess, Hoffman and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 164(RLS). Senator Gary Stevens moved and asked unanimous consent that the vote on concurrence be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Announcements Announcements are at the end of the journal. 2006-02-06 Senate Journal Page 2083 Engrossment HB 81 SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD) "An Act establishing an administrative fine and procedure for construction contractors in certain circumstances; increasing the amount of a civil penalty for persons acting in the capacity of contractors or home inspectors; modifying the elements of a crime involving contractor registration and residential contractors; modifying the exemptions from regulation under AS 08.18 for contractors; and exempting the administrative hearings for imposing an administrative fine on construction contractors from the hearings conducted by the office of administrative hearings in the Department of Administration" was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., February 8, 2006. Without objection, the Senate adjourned at 12:01 p.m. Kirsten Waid Secretary of the Senate February 2006 2006-02-06 Senate Journal Page 2084 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Feb 06 Monday Beltz 211 1:30 PM No Meeting Scheduled Feb 08 Wednesday Beltz 211 1:30 PM -- Rescheduled from 01/30/06 -- += SB 193 DEFERRAL OF MUNICIPAL PROPERTY TAXES Feb 10 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 06 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 07 Tuesday Senate Finance 532 9:00 AM + SB 264 FAST TRACK SUPPLEMENTAL APPROPS + Bills Previously Heard/Scheduled Feb 08 Wednesday Senate Finance 532 9:00 AM + SB 233 APPROPRIATIONS FOR CAPITAL PROJECTS + Bills Previously Heard/Scheduled 2006-02-06 Senate Journal Page 2085 FINANCE (continued) Feb 09 Thursday Senate Finance 532 9:00 AM += SB 218 CRIMINAL SENTENCING AND POLYGRAPHS + SB 188 BULK FUEL REVOLVING LOAN FUND CAP + HB 243 SWAN LAKE-TYEE LAKE INTERTIE + Bills Previously Heard/Scheduled Feb 10 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled Feb 16 Thursday Senate Finance 532 9:00 AM + Presentation by Lewin Group: Long Term Forecast of Medicaid Enrollment and Spending in Alaska, 2005-2025 ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 06 Monday Butrovich 205 1:30 PM No Meeting Scheduled Feb 08 Wednesday Butrovich 205 1:30 PM + SB 251 POSTSEC. STUDENT MENINGITIS IMMUNIZATION + SB 252 DEFINITION OF CHILD ABUSE AND NEGLECT += SB 235 SCHOOL PERFORMANCE BONUSES + Bills Previously Heard/Scheduled Feb 10 Friday Butrovich 205 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 07 Tuesday Butrovich 205 8:30 AM + Confirmations: Public Defender - Quinlan Steiner Select Committee on Legislative Ethics - Dennis "Skip" Cook Herman G. Walker Lindsey Holmes 2006-02-06 Senate Journal Page 2086 JUDICIARY (continued) Feb 08 Wednesday Butrovich 205 8:30 AM += SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE += SB 237 ADDITIONAL JUDGES FOR THIRD DISTRICT += HB 41 ASSAULT ON SCHOOL EMPLOYEES/BUS DRIVERS + Bills Previously Heard/Scheduled Feb 09 Thursday Butrovich 205 8:30 AM + SB 209 UNDERAGE MILITARY ON LICENSED PREMISES + SB 240 DRUG OFFENSES: NEIGHBORS AS CRIME VICTIMS + HB 107 HUNTING/FISHING INTERFERENCE + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 07 Tuesday Beltz 211 1:30 PM + SB 244 NO DISCRIMINATION AGAINST ACUPUNCTURIST + SB 260 EXTEND TASK FORCE ON WORKERS' COMP Bills Previously Heard/Scheduled += SB 136 UNEMPLOYMENT COMPENSATION BENEFITS Feb 09 Thursday Juneau Lio Conf Rm 1:30 PM -- Location Change -- -- Teleconference <Listen Only> -- -- Teleconference <Invitation Only> -- Confirmation Hearings Commissioner - Dept. of Commerce, Community and Economic Development William Noll Alaska State Board of Public Accountancy Johnny Floyd - Anchorage Daniel J. Rozema - Anchorage Elaine R. Williamson - Fairbanks Alcohol Beverage Control Board Shirley A. Gifford - Soldotna State Board of Registration for Architects, Engineers and Land Surveyors Terry Gorlick - Anchorage Burdett B. Lent - Wasilla Daniel E. Walsh - Fairbanks 2006-02-06 Senate Journal Page 2087 LABOR & COMMERCE (continued) Feb 09 Thursday Juneau Lio Conf Rm 1:30 PM (Meeting Continued From Previous Page) Board of Chiropractic Examiners Dr. Gregory M. Culbert - Eagle River Dr. Rosemary E. Zimmerman - Girdwood Alaska Labor Relations Agency Matthew R. McSorley -Anchorage Board of Certified Real Estate Appraisers Steve McSwain - Anchorage Richard (Butch) D. Olmstead - Ketchikan Real Estate Commission Timothy J. Worthen - Anchorage Workers Compensation Appeals Commission John Giuchici - Fairbanks Kristin Knudsen - Anchorage Jim E. Robison - Eagle River Marc D. Stemp - Bethel Philip E. Ulmer - Eagle River Alaska Workers' Compensation Board Raymond (Scott) S. Bridges - Eagle River Stephen T. Hagedorn - Anchorage Linda F. Hutchings - Soldotna David (Dave) B. Robinson - Wasilla ---------------------------------------- RESOURCES Feb 06 Monday Butrovich 205 3:30 PM += SB 166 WILDLIFE CONSERVATION TAG + HB 37 PUBLIC ACCESS TO FISHING STREAMS Feb 08 Wednesday Senate Finance 532 12:00 PM Joint w/(H) Resources Presentations: Alaska Mining Association 2006-02-06 Senate Journal Page 2088 RESOURCES (continued) Feb 08 Wednesday Senate Finance 532 3:30 PM Joint w/(H) Resources Alaska Minerals Industry: Alaska Minerals Commission Report & Recommendations Division of Mining, Land and Water Presentation Feb 10 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Feb 07 Tuesday Beltz 211 3:30 PM -- Rescheduled from 02/02/06 -- Confirmation Hearing: Scott Nordstrand, Commissioner Department of Administration + Bills Previously Heard/Scheduled Feb 09 Thursday Beltz 211 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 07 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Feb 09 Thursday Butrovich 205 1:30 PM + SB 261 REGULATION OF HWYS; TRAFFIC OFFENSES Feb 14 Tuesday Butrovich 205 1:30 PM Bills Previously Heard/Scheduled Feb 16 Thursday Butrovich 205 1:30 PM + Presentation - Context Sensitive Design "Thinking Beyond the Pavement" Bills Previously Heard/Scheduled 2006-02-06 Senate Journal Page 2089 FINANCE SUBCOMMITTEES HEALTH & SOCIAL SERVICES Feb 15 Wednesday Senate Finance 532 5:00 PM Presentation by Lewin Group entitled: Long Term Forecast of Medicaid Enrollment and Spending in Alaska: 2005-2025 ---------------------------------------- SPECIAL COMMITTEES COMMITTEE ON UNIVERSITY OVERSIGHT Feb 07 Tuesday Senate Finance 532 11:00 AM -- Location Change -- -- Teleconference <Listen Only> -- Overview - University of Alaska President Mark Hamilton Wendy Redman ---------------------------------------- JOINT COMMITTEES SELECT COMMITTEE ON LEGISLATIVE ETHICS Feb 07 Tuesday Butrovich 205 10:30 AM + Public Comment Status of Ethics Legislation: SB 187 Advisory Opinion 06-01 Committee Rules of Procedure ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Feb 07 Tuesday Butrovich 205 12:00 PM + Health Teen Relationships with Dr. Stan Weed, PhD, Institute for Research and Evaluation and Carol Kidwell, Program Director, Let's Talk Health Relationships 2006-02-06 Senate Journal Page 2090 CHILDREN'S CAUCUS (continued) Feb 14 Tuesday Butrovich 205 12:00 PM + Alaska Children's Justice Act Task Force: Reviewing Practice, Policy, and Laws on Child Abuse ---------------------------------------- JOINT SESSION Feb 08 Wednesday House Chamber 11:00 AM Chief Justice Bryner's Annual State of the Judiciary Message Feb 21 Tuesday House Chamber 2:00 PM Address by the Honorable Lisa Murkowski, U.S.Senator Mar 22 Wednesday House Chamber 11:00 AM Address by the Honorable Ted Stevens, U.S.Senator