Legislature(2005 - 2006)
2006-02-13 Senate Journal
Full Journal pdf2006-02-13 Senate Journal Page 2145 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday February 13, 2006 Thirty-sixth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:06 a.m. The roll showed nineteen members present. Senator Seekins was excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Gene Rosebecke of the Church of the Nazarene. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, we pray for the State of Alaska and all the cities and towns that are in it. Change demands patience, understanding, vision and planning. It requires leaders to be in touch with their local communities, with knowledge of priorities and with a love and passion for people and the work involved. We ask that You relieve the challenges and obstacles that cause delays, and impart to our leaders the ability to make progress, and inspire and motivate people. We pray that our leaders this morning will experience the kind of servant leadership that was inspired by our forefathers. We thank You for each of them. We ask Your blessing upon the leaders and their family. Also, we pray for our leaders today, that they will bring strong and principled leadership to this community. Bless them today as they balance their responsibilities between home and public office. 2006-02-13 Senate Journal Page 2146 We pray that our leaders will be mindful of their integrity, as the residents of Alaska look to them for leadership. Let them accept their responsibilities with sincerity and may they always realize exactly what it means to be in a position of influence. May their actions, their character, and honesty enhance the vision and future of our state and nation. So I pray that today would be a continuation of building a strong nation that will impact the world. I pray that today You would continue to bring unity and oneness as they debate what is best for Alaskans. God bless and protect our leaders today. In Jesus' name, Amen. Senator Cowdery led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the thirty-second through thirty-fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Communications The following report is on file in the Office of the Secretary of the Senate: th Division of Insurance 67 Annual Report, Calendar Year 2004, Fiscal Year 2005 from Linda S. Hall, Director, Division of Insurance Department of Commerce, Community and Economic Development in accordance with AS 21.06.110 2006-02-13 Senate Journal Page 2147 Standing Committee Reports Report dated February 9 was read, stating: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee reviewed the following and recommends these appointments be forwarded to a joint session for consideration: Commissioner - Department of Commerce, Community and Economic Development William Noll Alaska State Board of Public Accountancy Johnny Floyd - Anchorage Daniel J. Rozema - Anchorage Elaine R. Williamson - Fairbanks Alcoholic Beverage Control Board Shirley A. Gifford - Soldotna State Board of Registration for Architects, Engineers, and Land Surveyors Terry Gorlick - Anchorage Burdett B. Lent - Wasilla Daniel E. Walsh - Fairbanks Board of Chiropractic Examiners Dr. Gregory M. Culbert - Eagle River Dr. Rosemary E. Zimmerman - Girdwood Alaska Labor Relations Agency Matthew R. McSorley - Anchorage Board of Certified Real Estate Appraisers Steve MacSwain - Anchorage Richard (Butch) D. Olmstead - Ketchikan Real Estate Commission Timothy J. Worthen - Anchorage 2006-02-13 Senate Journal Page 2148 Workers' Compensation Appeals Commission John Giuchici - Fairbanks Kristin S. Knudsen - Anchorage Jim E. Robison - Eagle River Marc D. Stemp - Bethel Philip E. Ulmer - Eagle River Alaska Workers' Compensation Board Raymond (Scott) S. Bridges - Eagle River Stephen T. Hagedorn - Anchorage Linda F. Hutchings - Soldotna David (Dave) B. Robinson - Wasilla This does not reflect intent by any of the members to vote for or against the individuals during any future sessions. Signing the report: Senator Bunde, Chair; Senators Ellis, Davis. SB 237 Forthcoming Judiciary Committee Substitute (page 2121) for SENATE BILL NO. 237 "An Act increasing the number of superior court judges designated for the third judicial district, to provide additional superior court judges at Anchorage, Palmer, and Kenai; and providing for an effective date" was received today: CS FOR SENATE BILL NO. 237(JUD) "An Act increasing the number of superior court judges designated for the third and fourth judicial districts to provide additional superior court judges at Anchorage, Palmer, Kenai, and Fairbanks; and providing for an effective date." Forthcoming Judiciary Committee Letter of Intent (page 2121) for SENATE BILL NO. 237 was received today: The legislature finds that the Alaska Court System has experienced a steady multi-year trend in the growth of the criminal caseload. Much of the growth in criminal caseload has occurred in Anchorage, Palmer, Kenai, and Fairbanks in part due to rapid increases in population in some areas. For 2006-02-13 Senate Journal Page 2149 example, the Matanuska-Susitna Borough had a 77 percent increase in population from 1990 to 2004 and a 39 percent increase in felony case filings for fiscal year 2004 alone. Overall, felony criminal case filings with the court have increased by approximately 20 percent from fiscal year 2002 to fiscal year 2004. Felony criminal cases are typically the most complex and time intensive criminal cases that the Alaska Court System handles. Over the years, these cases have become even more complex and therefore time consuming due to changes in the nature of criminal cases and the use of scientific evidence in a greater number of cases. Additionally, increased participation by victims and other new court procedures have resulted in cases requiring more actual courtroom time prior to resolution. Felony criminal cases are becoming back-logged to a degree that undermines the criminal justice system. Prosecutors, law enforcement and others who regularly appear before the Alaska Court System recognize that additional superior court judges are essential for the efficient handling of the felony caseload. The legislature finds that justice will be better served for victims, defendants and the general public if the court system has the resources necessary for efficient processing of these cases. Therefore, it is the intent of the legislature that the additional superior court judges authorized by this bill be assigned to criminal matters, or be utilized by the court system in a manner that will allow criminal matters to be more efficiently processed by the court. Introduction and Reference of Senate Resolutions SJR 18 SENATE JOINT RESOLUTION NO. 18 BY SENATOR ELLIS, 2006-02-13 Senate Journal Page 2150 Urging the Alaska Department of Health and Social Services to seek authority and funding from the United States Department of Veterans Affairs to establish a system allowing Alaska veterans treatment in both public and private Alaska facilities. was read the first time and referred to the Health, Education and Social Services and State Affairs Committees. Introduction and Reference of Senate Bills SB 277 SENATE BILL NO. 277 BY SENATOR ELTON, entitled: "An Act relating to eligibility requirements for medical assistance for certain children, pregnant women, and persons in medical or intermediate care facilities; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 278 SENATE BILL NO. 278 BY SENATOR OLSON, entitled: "An Act creating the Alaska Climate Change Task Force; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 279 SENATE BILL NO. 279 BY SENATOR DYSON, entitled: "An Act relating to missions and desired results to be applied to certain expenditures from state operating budgets by the executive branch of state government and the University of Alaska and by the judicial branch of state government; and providing for an effective date." 2006-02-13 Senate Journal Page 2151 was read the first time and referred to the State Affairs and Finance Committees. SB 280 SENATE BILL NO. 280 BY SENATOR HUGGINS, entitled: "An Act relating to approval of insurance policy forms or associated materials in foreign languages, and providing that the English version of policy forms or associated materials is the official version if certain conditions are met." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 281 SENATE BILL NO. 281 BY SENATOR DYSON, entitled: "An Act relating to interdistrict operation of public schools; relating to enrollment of students by school districts and regional educational attendance areas; and relating to charter schools and correspondence programs." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 282 SENATE BILL NO. 282 BY SENATOR GARY STEVENS, entitled: "An Act relating to the use of broadcasting to promote raffles and lotteries." was read the first time and referred to the Labor and Commerce and State Affairs Committees. SB 283 SENATE BILL NO. 283 BY SENATOR DYSON, entitled: "An Act relating to the Energy Task Force; and providing for an effective date." 2006-02-13 Senate Journal Page 2152 was read the first time and referred to the Labor and Commerce and Finance Committees. SB 284 SENATE BILL NO. 284 BY SENATOR THERRIAULT, entitled: "An Act relating to sentencing for the commission of a felony while under the influence of alcohol." was read the first time and referred to the Judiciary and Finance Committees. SB 285 SENATE BILL NO. 285 BY SENATORS FRENCH, Davis, Ellis, Elton, Guess, entitled: "An Act relating to disclosure to the Alaska Public Offices Commission of information about certain income received as compensation for personal services by legislators, public members of the Select Committee on Legislative Ethics, and legislative directors subject to the provisions of law setting standards of conduct for legislative branch officers and employees; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. SB 286 SENATE BILL NO. 286 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the issuance of complimentary fishing and hunting licenses and certain tags; providing for the issuance of complimentary fishing and hunting licenses to certain members of the Alaska National Guard returning from active duty deployment; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. 2006-02-13 Senate Journal Page 2153 The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Military and Veterans' Affairs Fiscal Note No. 2, Department of Fish and Game Governor's transmittal letter dated February 13: Dear President Stevens: Under authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting this bill to honor certain members of the Alaska National Guard by authorizing them to receive complimentary fishing and hunting licenses. This bill would demonstrate Alaska's support for members of the Alaska National Guard, helping them reconnect with their home and families, by honoring Alaska's returning heroes with the opportunity to turn to the peace and quiet that hunting and fishing offers. The bill would allow the governor to direct the commissioner of the Department of Fish and Game to authorize the issuance of complimentary fishing and hunting licenses by the department or its authorized agents to those members of the Alaska National Guard who have been deployed for 30 or more consecutive days for the purpose of fighting in, or providing direct support for, a national conflict outside the United States. The bill would allow a member who cannot meet the 30-day deployment requirement due to being injured during the deployment to still be eligible for a complimentary license. The licenses would be valid for the license year in which the Alaska National Guard member is no longer in deployed status and returns to Alaska, or for the subsequent license year. The bill also would authorize the issuance of complimentary king salmon tags to certain distinguished visitors to the state. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor 2006-02-13 Senate Journal Page 2154 SB 287 SENATE BILL NO. 287 BY SENATOR ELLIS, entitled: "An Act establishing a higher education savings program for eligible persons who were placed in foster care by the state; and providing for confidentiality of identifying information of a beneficiary under the program." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 288 SENATE BILL NO. 288 BY SENATOR ELLIS, entitled: "An Act declaring September Education Savings Month." was read the first time and referred to the State Affairs Committee. SB 289 SENATE BILL NO. 289 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: "An Act relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to suitability of life and health insurance policies and annuity contracts, to unfair discrimination under a health insurance policy, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to direct payment to providers under a health insurance policy, to mental health benefits under a health care insurance plan, to the definitions of 'title insurance limited producer' and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small 2006-02-13 Senate Journal Page 2155 Employer Health Reinsurance Association; making conforming amendments; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. Consideration of the Calendar Citations In Memoriam - Michael J. Shibe Representative(s) Rokeberg Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business Senator Davis moved and asked unanimous consent to be excused from a call of the Senate on February 17. Without objection, Senator Davis was excused. Senator Stedman moved and asked unanimous consent to amend his previous excusal motion on February 21, from morning plane time to afternoon plane time. Without objection, the excusal motion was amended. Senator Wagoner moved and asked unanimous consent to be excused from a call of the Senate from morning plane time, February 15 to morning plane time, February 16. Without objection, Senator Wagoner was excused. 2006-02-13 Senate Journal Page 2156 Announcements Announcements are at the end of the journal. Enrollment SB 164 HOUSE CS FOR CS FOR SENATE BILL NO. 164(RLS) "An Act relating to the salmon product development tax credit; providing for an effective date by amending an effective date in sec. 7, ch. 57, SLA 2003; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:53 a.m., February 13, 2006. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 14, 2006. Without objection, the Senate adjourned at 11:31 a.m. Kirsten Waid Secretary of the Senate February 2006 2006-02-13 Senate Journal Page 2157 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 13 Monday Beltz 211 1:30 PM No Meeting Scheduled Feb 15 Wednesday Beltz 211 1:30 PM + SB 265 BONDS OF BOND BANK AUTHORITY + SB 248 ADMINISTRATIVE BOROUGHS/BOROUGH GRANTS/ += SB 193 DEFERRAL OF MUNICIPAL PROPERTY TAXES Feb 17 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 13 Monday Senate Finance 532 9:00 AM += SB 188 BULK FUEL REVOLVING LOAN FUND CAP += HB 243 SWAN LAKE-TYEE LAKE INTERTIE + SB 207 AK AEROSPACE DEVEL. CORP BD MEMBERSHIP + Bills Previously Heard/Scheduled Feb 14 Tuesday Senate Finance 532 9:00 AM + Overview of Governor's Overall Spending Proposal + Bills Previously Heard/Scheduled 2006-02-13 Senate Journal Page 2158 FINANCE (continued) Feb 15 Wednesday Senate Finance 532 9:00 AM + SB 209 UNDERAGE MILITARY ON LICENSED PREMISES + SB 210 VIOL. OF ALCOHOLIC BEV. LAWS/FORFEITURE + SB 237 ADDITIONAL JUDGES FOR THIRD DISTRICT + Bills Previously Heard/Scheduled Feb 16 Thursday Senate Finance 532 9:00 AM + Presentation by Lewin Group: Long Term Forecast of Medicaid Enrollment and Spending in Alaska, 2005-2025 + Bills Previously Heard/Scheduled Feb 17 Friday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 13 Monday Butrovich 205 1:30 PM + Overview Presentation: Department of Health & Social Services Pandemic Influenza Response Plan Feb 15 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Feb 17 Friday Butrovich 205 1:30 PM + SB 250 DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 14 Tuesday Butrovich 205 8:30 AM += SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE += HB 41 ASSAULT ON SCHOOL EMPLOYEES/BUS DRIVERS += HB 107 HUNTING/FISHING INTERFERENCE += HB 269 HAZARDOUS SUBSTANCE RELEASE LIABILITY + Bills Previously Heard/Scheduled 2006-02-13 Senate Journal Page 2159 JUDICIARY (continued) Feb 15 Wednesday Butrovich 205 8:30 AM + SB 240 DRUG OFFENSES: NEIGHBORS AS CRIME VICTIMS + SB 249 REPORTING BAIL AND RELEASE INFORMATION + Bills Previously Heard/Scheduled Feb 16 Thursday Butrovich 205 8:30 AM + Senate Bill: PROPOSING AN AMENDMENT TO THE SECTION OF THE COSTITUTION OF THE STATE OF ALASKA RELATING TO MARRIAGE <Pending Introduction & Referral> + SB 206 DETENTION OF MATERIAL WITNESSES + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Feb 14 Tuesday Beltz 211 1:30 PM + SB 177 PRACTICE OF PSYCHOLOGY + SB 255 OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT Bills Previously Heard/Scheduled, Including But Not Limited to: += SB 244 NO DISCRIMINATION AGAINST ACUPUNCTURIST += SB 222 PROTECTION OF PERSONAL INFORMATION Feb 16 Thursday Beltz 211 1:30 PM + SB 289 INSURANCE + SB 253 EXTEND BOARD OF CHIROPRACTIC EXAMINERS + SB 254 EXTEND PT & OCCUPATIONAL THERAPY BOARD Bills Previously Heard/Scheduled, Including but Not Limited To: ---------------------------------------- RESOURCES Feb 13 Monday Butrovich 205 3:30 PM += SB 166 WILDLIFE CONSERVATION TAG += HB 37 PUBLIC ACCESS TO FISHING STREAMS + SB 203 UNIFIED PERMIT APPLICATION + SB 213 APPROPRIATION FOR MINERAL INVENTORY 2006-02-13 Senate Journal Page 2160 RESOURCES (continued) Feb 15 Wednesday Butrovich 205 3:30 PM + Confirmation Hearing: Big Game Commercial Services Board Ralph Anderson, Roy Ashenfelter, Colin Brown, Paul Johnson, Richard Rohrer, Betty Jo Schmitz, Ted Spraker Commercial Fisheries Entry Commission Bruce Twomley + SB 262 FOREST RESOURCES & PRACTICES STANDARDS Feb 17 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Feb 14 Tuesday Butrovich 205 3:30 PM + SB 274 STATE FIREARM DISPOSAL AND INVENTORY Senate Bill: LIFE INSURANCE FOR NATIONAL GUARD <Pending Introduction & Referral> + Bills Previously Heard/Scheduled Feb 16 Thursday Butrovich 205 3:30 PM + Senate Bill: PFD CHECKLIST CHARTIBLE GIVING <Pending Introduction & Referral> + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 14 Tuesday Butrovich 205 1:30 PM + SB 271 AUTHORIZE HWY PROGRAM PARTICIPATION Bills Previously Heard/Scheduled Feb 16 Thursday Butrovich 205 1:30 PM + Presentation - Context Sensitive Design "Thinking Beyond the Pavement" Bills Previously Heard/Scheduled 2006-02-13 Senate Journal Page 2161 TRANSPORTATION (continued) Feb 25 Saturday Wasilla Lio Conf Rm 1:30 PM -- Note Time and Location Change -- + Joint w/(H) Transportation Meeting with the House Finance Budget Subcommittee on Public Safety "Discussion of Highway Safety Issues" ---------------------------------------- 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 ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Feb 21 Tuesday Capitol 17 3:00 PM Changes to Regulations Adopted by Dept. of Health & Human Services Re: Durable Medical Equipment Supplies ---------------------------------------- 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 ---------------------------------------- 2006-02-13 Senate Journal Page 2162 JOINT COMMITTEES (continued) LEGISLATIVE COUNCIL Feb 13 Monday Senate Finance 532 5:00 PM Approval of 2/2/06 Minutes FY07 LAA Budget Legislative Per Diem Scheduling of Meetings Sanctioning of Charitable Events Thanksgiving in March ---------------------------------------- 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 LEGISLATIVE HEALTH CAUCUS Feb 15 Wednesday Butrovich 205 12:00 PM "Getting to the Heart of Prescription Drugs" Light Lunch Will be Served ---------------------------------------- JOINT SESSION 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 ---------------------------------------- 2006-02-13 Senate Journal Page 2163 MISCELLANEOUS MEETINGS Feb 16 Thursday Capitol 106 5:00 PM Joint w/(H) Open Caucus Presentation by the Alaska Gas Port Authority