Legislature(2005 - 2006)

2006-02-08 Senate Journal

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2006-02-08                     Senate Journal                      Page 2093
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                SECOND SESSION                                                   
                                                                                                    
Juneau, Alaska                        Wednesday                    February 8, 2006               
                                                                                                    
                               Thirty-first Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 10:55 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Therriault was                                    
absent.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Jesse Perry of the                                   
Northern Light United Church. Senator Hoffman moved and asked                                       
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          On the assumption that Alaska's greatest need lies beyond                                
     this honored chamber to supply, I offer this prayer:                                           
                                                                                                    
     God of every circumstance,                                                                     
     We need Your help.                                                                             
                                                                                                    
     We desire to move forward, but our ways remain backward                                        
     to you:                                                                                        
     We strive to bring the world to justice,                                                       
     While Your Spirit cries, "bring justice to the world!"                                         
           We guard private ownership as the cornerstone of public                                 
     prosperity,                                                                                    
     While Your law promises the poor a year of jubilee.                                            
     As our power to punish crime grows,                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2094
        Our  power  to  forgive,  as  children  of a common humanity,                              
     is forgotten in a maze of privilege and precedent.                                             
                                                                                                    
     God of mercy,                                                                                  
     Help us.                                                                                       
                                                                                                    
     We have grown accustomed to our backward ways.                                                 
     Reinforced by generations of practice,                                                         
     Our vision makes the wrong look right, and                                                     
     Oppression look like freedom.                                                                  
     We prefer public debt to private sacrifice.                                                    
        Even Your prophets rarely see the need to tell the difference                              
     between Your interests, and the interests of nations.                                          
                                                                                                    
     God our Savior,                                                                                
     Give us Your help.                                                                             
                                                                                                    
           Lest our personal dreams become the living nightmares of                                
     others,                                                                                        
     Turn us upside-down,                                                                           
     That we may see as You see, and                                                                
     Judge as You judge.                                                                            
     Prevent us from ignoring whatever may be wrong in us                                           
     As we seek the good of others, that                                                            
     In leading we may always serve.                                                                
                                                                                                    
Help us, O God, help us,                                                 Amen.                     
                                                                                                    
Senator Wagoner led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in recess to the Joint Session. Without objection, the                                 
Senate recessed at 11:01 a.m.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2095
                                 After Recess                                                    
                                                                                                    
                          Joint Session in the House                                             
                                                                                                    
Speaker Harris called the House to order and in accordance with                                     
Uniform Rule 51 turned the gavel over to President Stevens, who                                     
called the Joint Session to order at 11:09 a.m.                                                     
                                                                                                    
The purpose of the Joint Session was to hear an address by the                                      
Honorable Chief Justice Alexander O. Bryner and to consider the                                     
confirmation of Senate and House nomination of Victims' Advocate,                                   
Mary Anne Henry.                                                                                    
                                                                                                    
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.                                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call of the House be waived and all members be shown as present.                               
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Gary Stevens moved that Mary Anne Henry be confirmed as                                     
Victims' Advocate.                                                                                  
                                                                                                    
The question being: "Shall Mary Anne Henry be confirmed as                                          
Victims' Advocate?"                                                                                 
                                                                                                    
The roll of the Senate was called with the following result:                                        
                                                                                                    
Victims' Advocate                                                                                   
Confirm - Henry                                                                                     
SENATE                                                                                              
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                     
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Wagoner, Wilken                                                                                     
                                                                                                    
Absent:  Green, Guess, Therriault                                                                   
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2096
The roll of the House was taken with the following result:                                          
                                                                                                    
                                                                                                    
Victims' Advocate                                                                                   
Confirm - Henry                                                                                     
HOUSE                                                                                               
                                                                                                    
YEAS:  33   NAYS:  0   EXCUSED:  4   ABSENT:  3                                                     
                                                                                                    
Yeas:  Anderson, Berkowitz, Cissna, Coghill, Crawford, Dahlstrom,                                   
Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris,                                
Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn,                                  
McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon,                                            
Stoltze, Thomas, Wilson                                                                             
                                                                                                    
Excused:  Chenault, Croft, Kohring, Seaton                                                          
                                                                                                    
Absent:  Moses, Samuels, Weyhrauch                                                                  
                                                                                                    
TOTAL:  YEAS:  50   NAYS:  0   EXCUSED:  4   ABSENT:  6                                           
                                                                                                    
and so, Mary Anne Henry was confirmed as Victims' Advocate.                                         
                                                                                                    
President Stevens appointed Representative Kerttula and Senator                                     
French to escort Chief Justice Bryner to the Joint Session.                                         
                                                                                                    
The Senate Sergeant at Arms, Gary Stambaugh, announced Chief                                        
Justice Bryner's entrance to the House Chamber.                                                     
                                                                                                    
The Honorable Chief Justice Alexander O. Bryner was escorted to the                                 
rostrum and welcomed by President Stevens.                                                          
                                                                                                    
Chief Justice Alexander O. Bryner delivered his address. This address                               
appears in House and Senate Joint Journal Supplement No. 11.                                        
                                                                                                    
The Chief Justice received a standing ovation and was escorted from                                 
the chamber by Senator French and Representative Kerttula.                                          
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Joint Session stand in adjournment. Without objection, President                                    
Stevens adjourned the Joint Session at 11:43 a.m.                                                   
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2097
                                 After Recess                                                    
                                                                                                    
                                In the Senate                                                    
                                                                                                    
The Senate reconvened at 12:12 p.m.                                                                 
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the twenty-ninth and thirtieth legislative days be approved                            
as certified by the Secretary. Without objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
HCR 18                                                                                            
Message dated February 6 and received February 7 was read, stating                                  
the Governor read the following resolution and transmitted the                                      
engrossed and enrolled copies to the Lieutenant Governor's Office for                               
permanent filing:                                                                                   
                                                                                                    
           HOUSE CONCURRENT RESOLUTION NO. 18                                                       
           Suspending Rules 24(c), 35, 41(b), and 42(e),                                            
           Uniform Rules of the Alaska State Legislature,                                           
           concerning Senate Bill No. 174, excluding certain                                        
           trucks from the definition of "passenger vehicle" for                                    
           purposes of the passenger vehicle rental tax.                                            
                                                                                                    
                          Legislative Resolve No. 28                                               
                                                                                                    
HCR 13                                                                                            
Message dated February 6 and received February 7 was read, stating                                  
the Governor read the following resolution and transmitted the                                      
engrossed and enrolled copies to the Lieutenant Governor's Office for                               
permanent filing:                                                                                   
                                                                                                    
           CS FOR HOUSE CONCURRENT RESOLUTION                                                       
           NO. 13(RES) Expressing the legislature's support for                                     
           the construction of a natural gas spur pipeline                                          

2006-02-08                     Senate Journal                      Page 2098
           between Fairbanks and the Nenana Basin and                                               
           Southcentral Alaska, commending the interest and                                         
           initiative of the sponsors of that project, and                                          
           encouraging the appropriate state resource agencies                                      
           to lend support to those efforts.                                                        
                                                                                                    
                          Legislative Resolve No. 29                                               
                                                                                                    
SR 5                                                                                              
Message dated and received February 6 was read, stating the Governor                                
read the following resolution and transmitted the engrossed and                                     
enrolled copies to the Lieutenant Governor's Office for permanent                                   
filing:                                                                                             
                                                                                                    
           SENATE RESOLUTION NO. 5 Establishing a                                                   
           Senate Special Committee on University Oversight.                                        
                                                                                                    
                             Senate Resolve No. 4                                                  
                                                                                                    
HR 11                                                                                             
Message dated and received February 6 was read, stating the Governor                                
read the following resolution and transmitted the engrossed and                                     
enrolled copies to the Lieutenant Governor's Office for permanent                                   
filing:                                                                                             
                                                                                                    
           HOUSE RESOLUTION NO. 11 Relating to                                                      
           amending House Resolution 8 pertaining to the                                            
           House Task Force on Alaska Gaming Policy.                                                
                                                                                                    
                             House Resolve No. 11                                                  
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated February 6 was read, stating:                                                         
                                                                                                    
The House of Representatives respectfully invites the Senate to an                                  
open caucus on February 16 at 5:00 p.m., in room 106, to hear a                                     
presentation by the Alaska Gas Port Authority.                                                      
                                                                                                    

2006-02-08                     Senate Journal                      Page 2099
Message dated February 6 was read, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 175                                                                                            
CS FOR HOUSE BILL NO. 175(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
              "An Act relating to the creation of a civil legal                                    
           services fund."                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Fiscal Year 2006 Division of Risk Management Report                                                 
from J. Brad Thompson, Director, Division of Risk Management                                        
Department of Administration                                                                        
in accordance with AS 37.05.287(b)                                                                  
                                                                                                    
                                                                        th                          
Task Force on Workers' Compensation Report to the 24 Legislature                                    
from Senators Seekins and Guess, and Representative Lynn                                            
in accordance with Section 77, Chapter 10, FSSLA 05                                                 
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
                                                                                                    
Report dated February 7 was read, stating:                                                          
                                                                                                    
In accordance with AS 18.85.030, the Senate Judiciary Committee                                     
reviewed the following and recommends the appointment be                                            
forwarded to a Joint Session for consideration:                                                     
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2100
Public Defender                                                                                   
Quinlan Steiner                                                                                     
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individual during any further sessions.                                                 
                                                                                                    
Signing the report: Senator Seekins, Chair; Senators French, Huggins,                               
Guess, Therriault.                                                                                  
                                                                                                    
Reports dated February 7 were read stating:                                                         
                                                                                                    
In accordance with AS 24.60.130, the Senate Judiciary Committee                                     
reviewed the following with regard to confirmation of the Chief                                     
Justice's appointments:                                                                             
                                                                                                    
Select Committee on Legislative Ethics                                                            
Lindsey Holmes                                                                                      
Herman G. Walker, Jr.                                                                               
Dennis "Skip" Cook                                                                                  
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individuals during any further proceedings.                                             
                                                                                                    
Signing the reports: Senator Seekins, Chair, Senators French, Huggins,                              
Guess, Therriault.                                                                                  
                                                                                                    
SB 189                                                                                            
The State Affairs Committee considered SENATE BILL NO. 189 "An                                      
Act relating to issuance of identification cards and to issuance of                                 
driver's licenses" and recommended it be replaced with                                              
                                                                                                    
           CS FOR SENATE BILL NO. 189(STA) "An Act                                                  
           relating to issuance of identification cards and to                                      
           issuance of driver's licenses; and providing for an                                      
           effective date."                                                                         
           (technical title change)                                                                 
                                                                                                    
Signing do pass: Senator Therriault, Chair; Senators Wagoner,                                       
Huggins, Davis. Signing no recommendation: Senator Elton.                                           
                                                                                                    

2006-02-08                     Senate Journal                      Page 2101
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Administration                                                    
                                                                                                    
President Stevens added a Finance Committee referral to the bill.                                   
                                                                                                    
The bill was referred to the Judiciary, then Finance Committees.                                    
                                                                                                    
SB 260                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
260 "An Act extending the date by which the Task Force on Workers'                                  
Compensation shall report its findings and the termination date of that                             
task force; and providing for an effective date." Signing do pass:                                  
Senator Bunde, Chair; Senators Davis, Ellis, Seekins, Ben Stevens.                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
       Development                                                                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 184                                                                                            
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 184 BY                                                       
SENATOR DAVIS, entitled:                                                                            
                                                                                                    
           "An Act relating to mental health patient rights and to                                 
               a hospital's duty to provide same sex staff for                                     
           providing care to a mental health patient."                                              
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Labor and Commerce Committees.                                                         
                                                                                                    
SB 270                                                                                            
SENATE BILL NO. 270 BY SENATOR HOFFMAN, entitled:                                                   
                                                                                                    
           "An Act creating the Alaska energy research and                                          
           development program in the Alaska Energy                                                 
           Authority and providing for a Committee on Alaska                                        

2006-02-08                     Senate Journal                      Page 2102
           Energy Research and Development to assist in the                                         
           development of that program; and providing for an                                        
           effective date."                                                                         
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 271                                                                                            
SENATE BILL NO. 271 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
           "An Act authorizing the commissioner of                                                  
           transportation and public facilities to participate in                                   
           certain federal highway programs and relating to that                                    
           authorization; relating to powers of the attorney                                        
           general to waive immunity from suit in federal court                                     
           related to those programs; and providing for an                                          
           effective date."                                                                         
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Transportation and Public                                         
       Facilities                                                                                   
     Fiscal Note No. 2, zero, Department of Environmental                                           
       Conservation                                                                                 
                                                                                                    
Governor's transmittal letter dated February 7:                                                     
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that would authorize the Alaska Department of                                   
Transportation and Public Facilities to assume certain federal                                      
programmatic and environmental responsibilities as provided for by                                  
the United States Congress in the Safe, Accountable, Flexible,                                      
Efficient Transportation Equity Act:  A Legacy for Users (SAFETEA-                                  
LU), P.L. 109-59.  A prerequisite to assumption of the duties is that                               
the State of Alaska agree to a waiver of immunity to suit in federal                                
court for those duties specifically assumed from the United States                                  
Department of Transportation.                                                                       

2006-02-08                     Senate Journal                      Page 2103
Under the recent SAFETEA-LU amendments, the State of Alaska is                                      
one of only five named states with the opportunity to participate in a                              
so-called "pilot program" for assumption of duties and responsibilities                             
under 23 U.S.C. 327 (National Environmental Policy Act of 1969).                                    
This bill provides a unique opportunity for the State of Alaska to have                             
more direct involvement, and control, in the planning and decision-                                 
making process involved with many public projects.                                                  
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 272                                                                                            
SENATE BILL NO. 272 BY SENATOR WAGONER, entitled:                                                   
                                                                                                    
               "An Act relating to mortgage lenders and persons                                    
            who engage in activities relating to mortgage lending;                                 
           and providing for an effective date."                                                    
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 273                                                                                            
SENATE BILL NO. 273 BY SENATOR COWDERY, entitled:                                                   
                                                                                                    
           "An Act  relating to a motor vehicle dealer's selling                                    
           or offering to sell motor vehicles as new or current                                     
           models or as new or current model motor vehicles                                         
           having manufacturer's warranties."                                                       
                                                                                                    
was read the first time and referred to the Transportation and Labor                                
and Commerce Committees.                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2104
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 224                                                                                            
SENATE BILL NO. 224 "An Act establishing Older Alaskans' Day"                                       
was read the second time.                                                                           
                                                                                                    
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.                                                
                                                                                                    
SENATE BILL NO. 224 was read the third time.                                                        
                                                                                                    
Senators Wilken, Dyson, Kookesh, Seekins, Wagoner, Bunde,                                           
Cowdery moved and asked unanimous consent to be shown as                                            
cosponsors on the bill. Without objection, it was so ordered.                                       
                                                                                                    
The question being: "Shall SENATE BILL NO. 224 "An Act                                              
establishing Older Alaskans' Day" pass the Senate?" The roll was                                    
taken with the following result:                                                                    
                                                                                                    
SB 224                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                          
Stevens B, Stevens G, Wagoner, Wilken                                                               
                                                                                                    
Absent:  Therriault                                                                                 
                                                                                                    
and so, SENATE BILL NO. 224 passed the Senate and was referred to                                   
the Secretary for engrossment.                                                                      
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 85                                                                                             
SENATE BILL NO. 85 was read the third time.                                                         
                                                                                                    

2006-02-08                     Senate Journal                      Page 2105
Senator Seekins moved and asked unanimous consent that the                                          
Resources Committee Letter of Intent offered on page 900 be adopted                                 
as a Senate Letter of Intent. Senator Ellis objected.                                               
                                                                                                    
Senator Gary Stevens called the Senate. The call was satisfied.                                     
                                                                                                    
The question being: "Shall the Resources Committee Letter of Intent                                 
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
SB 85                                                                                               
Adopt Letter of Intent?                                                                             
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
and so, the Senate Letter of Intent was adopted.                                                    
                                                                                                    
Senator Olson moved and asked unanimous consent that the bill be                                    
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 1. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senator Olson offered Amendment No. 1 :                                                              
                                                                                                    
Page 1, lines 5 - 6:                                                                                
           Delete all material and insert:                                                          
"* Sec. 2. The uncodified law of the State of Alaska is amended by                                
adding a new section to read:                                                                       
           CONDITIONAL EFFECT.This Act takes effect only if, not                                    
later than July 1, 2009, the state director of the Bureau of Land                                   
Management, United States Department of the Interior, the                                           
commissioner of the Department of Natural Resources, the mayor of                                   
the North Slope Borough, and the president of the Alyeska Pipeline                                  
Service Company enter into a cooperative management agreement for                                   
the James Dalton Highway north of the Yukon River. The                                              
commissioner of natural resources shall promptly notify the revisor of                              
statutes in writing when the cooperative management agreement has                                   
been entered into by the parties to it.                                                             

2006-02-08                     Senate Journal                      Page 2106
   * Sec. 3. If, under sec. 2 of this Act, this Act takes effect, it takes                        
effect on the date the cooperative management agreement described in                                
sec. 2 of this Act is executed by all of the parties to it."                                        
                                                                                                    
Senator Olson moved for the adoption of Amendment No. 1. Senator                                    
Cowdery objected.                                                                                   
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SB 85                                                                                               
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
SENATE BILL NO. 85 was automatically in third reading.                                              
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SB 85                                                                                               
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wilken                                                            
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson,                                 
Wagoner                                                                                             
                                                                                                    
and so, SENATE BILL NO. 85 passed the Senate.                                                       

2006-02-08                     Senate Journal                      Page 2107
Senator Gary Stevens moved for the adoption of the effective date                                   
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SB 85                                                                                               
Effective Date Clause                                                                               
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                          
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, the effective date clause was adopted.                                                      
                                                                                                    
Senator Olson gave notice of reconsideration.                                                       
                                                                                                    
SB 236                                                                                            
CS FOR SENATE BILL NO. 236(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSSB 236(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Guess                                                                                      
                                                                                                    
and so, CS FOR SENATE BILL NO. 236(FIN) passed the Senate.                                          
                                                                                                    
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2108
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.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
SB 54                                                                                             
Senator Gary Stevens moved and asked unanimous consent that the                                     
time for reconsideration on 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" be extended                                  
to February 9. Without objection, it was so ordered.                                                
                                                                                                    
SB 55                                                                                             
The reconsideration on 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" was not taken up this legislative day                             
and the bill was referred to the Secretary for engrossment.                                         
                                                                                                    
SB 193                                                                                            
Senator Dyson moved and asked unanimous consent to be shown as a                                    
cosponsor on SENATE BILL NO. 193 "An Act relating 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." Without objection, it was so ordered.                            
                                                                                                    
SB 244                                                                                            
Senator Ellis moved and asked unanimous consent to be shown as a                                    
cosponsor on SENATE BILL NO. 244 "An Act prohibiting unfair                                         
discrimination against an acupuncturist; amending the definition of                                 
'provider' as it relates to authorized collective negotiations by                                   

2006-02-08                     Senate Journal                      Page 2109
physicians affecting the rights of providers under health benefit plans;                            
and providing for an effective date." Without objection, it was so                                  
ordered.                                                                                            
                                                                                                    
Senator Stedman moved and asked unanimous consent to withdraw his                                   
motion to be excused from afternoon plane time, February 13 to                                      
afternoon plane time, February 14 (page 2061). Without objection, it                                
was so ordered.                                                                                     
                                                                                                    
Senator Stedman moved and asked unanimous consent to be excused                                     
from a call of the Senate from afternoon plane time, February 17 to                                 
morning plane time, February 21. Without objection, Senator Stedman                                 
was excused.                                                                                        
                                                                                                    
Senator Huggins moved and asked unanimous consent to be excused                                     
from a call of the Senate from plane time, February 10 to plane time,                               
February 12. Without objection, Senator Huggins was excused.                                        
                                                                                                    
Senator Wilken moved and asked unanimous consent to be excused                                      
from a call of the Senate from afternoon plane time, February 16 to                                 
evening plane time, February 20; from evening plane time, February                                  
28 to evening plane time, March 1; and from afternoon plane time,                                   
March 3 to evening plane time, March 5. Without objection, Senator                                  
Wilken was excused.                                                                                 
                                                                                                    
Senator Kookesh moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 14 to morning plane time,                                     
February 16. Without objection, Senator Kookesh was excused.                                        
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 55                                                                                             
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" was engrossed, signed by the President and Secretary and                                 
transmitted to the House for consideration.                                                         

2006-02-08                     Senate Journal                      Page 2110
SB 224                                                                                            
SENATE BILL NO. 224 "An Act establishing Older Alaskans' Day"                                       
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., February 9, 2006.                                     
Without objection, the Senate adjourned at 2:02 p.m.                                                
                                                                                                    
                                                                          Kirsten Waid              
                                                             Secretary of the Senate                
                                                                                                    
                                                                        February 2006               

2006-02-08                     Senate Journal                      Page 2111
                                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 08          Wednesday                                  Beltz 211            1:30 PM           
                -- Immediately Following Session --                                                 
                -- 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 08          Wednesday                     Senate Finance 532                9:00 AM           
+ SB 233 APPROPRIATIONS FOR CAPITAL PROJECTS                                                        
+               Bills Previously Heard/Scheduled                                                    
                                                                                                    
Feb 09          Thursday                      Senate Finance 532                9:00 AM           
+= SB 233 APPROPRIATIONS FOR CAPITAL PROJECTS                                                       
+= 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                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2112
                                   FINANCE                                                       
                                 (continued)                                                       
                                                                                                    
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 08          Wednesday                            Butrovich 205              1:30 PM           
                -- Immediately Following Session --                                                 
+ 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 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                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2113
                               LABOR & COMMERCE                                                  
                                                                                                    
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, Daniel J. Rozema, Elaine R.                                           
                Williamson                                                                          
                Alcohol Beverage Control Board                                                      
                Shirley A. Gifford                                                                  
                State Board of Registration for                                                     
                Architects, Engineers and Land Surveyors                                            
                Terry Gorlick, Burdett B. Lent, Daniel E.                                           
                Walsh                                                                               
                Board of Chiropractic Examiners                                                     
                Dr. Gregory M. Culbert, Dr. Rosemary E.                                             
                Zimmerman                                                                           
                Alaska Labor Relations Agency                                                       
                Matthew R. McSorley                                                                 
                Board of Certified Real Estate Appraisers                                           
                Steve McSwain, Richard D. Olmstead                                                  
                Real Estate Commission                                                              
                Timothy J. Worthen                                                                  
                Workers Compensation Appeals Commission                                             
                John Giuchici, Kristin Knudsen, Jim E.                                              
                Robinson, Marc D. Stemp, Philip E. Ulmer                                            
                Alaska Workers' Compensation Board                                                  
                Raymond S. Bridges, Stephen T. Hagedorn,                                            
                Linda F. Hutchings, David B. Robinson                                               
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Feb 08          Wednesday                     Senate Finance 532               12:00 PM           
                -- Immediately Following Session --                                                 
                Joint w/(H) Resources                                                               
                Presentations:                                                                      
                Alaska Mining Association                                                           
                                                                                                    

2006-02-08                     Senate Journal                      Page 2114
                                  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 09          Thursday                                   Beltz 211            3:30 PM           
+               Bills Previously Heard/Scheduled                                                    
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
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                                                    
                   ----------------------------------------                                        
                                                                                                    
                            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                                                                           

2006-02-08                     Senate Journal                      Page 2115
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Feb 15          Wednesday                     Senate Finance 532                1:30 PM           
                Annual Alaskan Command Briefing                                                     
                Address by Lt. General Douglas Fraser                                               
                and Brigadier General Craig Christensen                                             
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 36                                            
                                                                                                    
Feb 08          Wednesday                        Fahrenkamp 203                 5:00 PM           
     SB  36 ABSENTEE BALLOTS                                                                        
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
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                                                            
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2006-02-08                     Senate Journal                      Page 2116
                            MISCELLANEOUS MEETINGS                                               
                                                                                                    
Feb 16          Thursday                                Capitol 106             5:00 PM           
                Joint w/(H) Open Caucus                                                             
                Presentation by the Alaska Gas Port                                                 
                Authority