Legislature(2005 - 2006)
2006-02-17 Senate Journal
Full Journal pdf2006-02-17 Senate Journal Page 2229 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Friday February 17, 2006 Fortieth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:07 a.m. The roll showed fourteen members present. Senators Davis, Ellis, Hoffman, Gary Stevens, Therriault, Wilken were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Gene Rosebecke of the Church of the Nazarene. Senator Olson moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, our leaders were not given the power to advance their own purpose, nor to make a name for themselves. But they were given their power to serve the people of Alaska. Help our leaders today as they use their authority in making change to our state. Let them move forward today as they debate in what's best for the people they serve. We pray that You would give our leaders patience today as they try and resolve all that is yet to come. Guide their hands as they work together through issues that only they can resolve. Keep them positive and centered around unity because together they make themselves strong. Keep their minds pure so that nothing negative will be reflected in their decisions. 2006-02-17 Senate Journal Page 2230 We pray for our leaders' families and the many sacrifices they make as they support their spouses. Protect them and give all the family members strength to accomplish all that needs to be done in their spouses' absence. We pray that our leaders would have the boldness today to accomplish the agenda and take away any negative thoughts that would be distractive. We pray that You would protect our leaders today from any discord or confusion that would interfere with their leadership. Give them firmness and assurance that what they do here today will let all men and women live in freedom. Let our leaders know today that they are not only supported by the Alaskan people, but also how they are appreciated in their service to this state. We pray a special protection on each leader this holiday weekend. Give them traveling mercies and bring them back refreshed and renewed so they can carry on with their responsibilities. God bless and protect our leaders. In Jesus name, Amen. Senator Elton led the Senate in the Pledge of Allegiance. Certification Senator Wagoner, Acting Majority Leader, moved and asked unanimous consent that the journal for the thirty-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House HB 81 Message dated February 16 was read, stating pursuant to the Senate request, the House has returned 2006-02-17 Senate Journal Page 2231 CS FOR HOUSE BILL NO. 81(L&C) and SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD) "An Act establishing an administrative fine and procedure for construction contractors in certain circumstances; increasing the amount of a civil penalty for persons acting in the capacity of contractors or home inspectors; modifying the elements of a crime involving contractor registration and residential contractors; modifying the exemptions from regulation under AS 08.18 for contractors; and exempting the administrative hearings for imposing an administrative fine on construction contractors from the hearings conducted by the office of administrative hearings in the Department of Administration." Senator Wagoner, Acting Majority Leader, moved that the Senate rescind its previous action in passing SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD). The question being: "Shall the Senate rescind its previous action?" The roll was taken with the following result: SCS CSHB 81(JUD) Rescind action in passing? YEAS: 14 NAYS: 0 EXCUSED: 6 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Elton, French, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Wagoner Excused: Davis, Ellis, Hoffman, Stevens G, Therriault, Wilken and so, the Senate rescinded its previous action. SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD) was before the Senate in third reading. 2006-02-17 Senate Journal Page 2232 Senator Huggins moved 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 Huggins offered Amendment No. 1 : Page 3, line 11, following "A contractor": Insert ", home inspector," Page 3, line 12, following "a contractor": Insert "or home inspector" Page 3, line 19, following "(b) A contractor": Insert ", home inspector," Page 3, line 19, following "capacity of a contractor": Insert "or home inspector" Senator Huggins moved for the adoption of Amendment No. 1. Senator Elton objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 81(JUD) Second Reading Amendment No. 1 YEAS: 13 NAYS: 1 EXCUSED: 6 ABSENT: 0 Yeas: Bunde, Cowdery, Elton, French, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Wagoner Nays: Dyson Excused: Davis, Ellis, Hoffman, Stevens G, Therriault, Wilken and so, Amendment No. 1 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD) am S was automatically in third reading on final passage. 2006-02-17 Senate Journal Page 2233 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD) am S "An Act establishing an administrative fine and procedure for construction contractors in certain circumstances; increasing the amount of a civil penalty for persons acting in the capacity of contractors or home inspectors; modifying the elements of a crime involving contractor registration and residential contractors; modifying the exemptions from regulation under AS 08.18 for contractors; and exempting the administrative hearings for imposing an administrative fine on construction contractors from the hearings conducted by the office of administrative hearings in the Department of Administration" pass the Senate?" The roll was taken with the following result: SCS CSHB 81(JUD) am S Third Reading - Final Passage YEAS: 13 NAYS: 1 EXCUSED: 6 ABSENT: 0 Yeas: Bunde, Cowdery, Elton, French, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Wagoner Nays: Dyson Excused: Davis, Ellis, Hoffman, Stevens G, Therriault, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD) am S passed the Senate and was referred to the Secretary for engrossment. Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Legislative Report Results of the Retiree Return Program on the Public Employees' and Teachers' Retirement System from Commissioner Nordstrand, Department of Administration in accordance with Section 11 Chapter 50 SLA 2005 Thirty-Second Annual Report 2005 from Gerad Godfrey, Chair, Violent Crimes Compensation Board Department of Administration in accordance with AS 18.67.170 2006-02-17 Senate Journal Page 2234 Standing Committee Reports SB 210 The Finance Committee considered SENATE BILL NO. 210 "An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws." Signing do pass: Senator Green, Cochair; Senators Bunde, Dyson, Stedman. Signing no recommendation: Senator Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety The bill was referred to the Rules Committee. SB 237 The Finance Committee considered 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" and recommended it be replaced with CS FOR SENATE BILL NO. 237(FIN) "An Act relating to the compensation of justices and judges, and to increasing the number of superior court judges designated for the third and fourth judicial districts; and providing for an effective date." Signing do pass: Senator Green, Cochair; Senator Bunde. Signing no recommendation: Senators Olson, Dyson, Stedman. The following fiscal information was published today: Fiscal Note No. 4, Office of the Governor Fiscal Note No. 5, Department of Corrections Fiscal Note No. 6, Department of Law Fiscal Note No. 7, Alaska Court System The following previously published fiscal information applies: Fiscal Note No. 2, Alaska Court System 2006-02-17 Senate Journal Page 2235 The bill was referred to the Rules Committee. SB 253 The Labor and Commerce Committee considered SENATE BILL NO. 253 "An Act extending the termination date for the Board of Chiropractic Examiners; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Ben Stevens, Seekins. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. SB 254 The Labor and Commerce Committee considered SENATE BILL NO. 254 "An Act extending the termination date for the State Physical Therapy and Occupational Therapy Board; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Ben Stevens, Seekins. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. Introduction and Reference of Senate Resolutions SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 BY THE SENATE JUDICIARY COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 41, relating to certain sentences for assault in the fourth degree. was read the first time and held on the Secretary's desk. 2006-02-17 Senate Journal Page 2236 Introduction and Reference of Senate Bills SB 292 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 292 BY SENATORS FRENCH, Ellis, Elton, Kookesh, entitled: "An Act levying a net profits tax on the production of oil, authorizing a tax credit for qualifying exploration costs associated with the exploration for and development of oil, providing relief from the tax when the taxpayer demonstrates that a reduction in the tax is necessary to establish or reestablish production from an oil field or pool that would not otherwise be economically feasible; and repealing the currently levied properties production (severance) tax as it applies to oil; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 303 SENATE BILL NO. 303 BY THE SENATE TRANSPORTATION COMMITTEE, entitled: "An Act amending the Knik Arm Bridge and Toll Authority Act and the powers and authority of the authority to finance construction and maintenance of the Knik Arm Bridge, to set and collect tolls, and to carry out its duties, and making conforming changes to statutes relating to issuance, renewal, or reinstatement of driver's licenses and to levy on permanent fund dividends; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. 2006-02-17 Senate Journal Page 2237 Unfinished Business Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 3 to morning plane time, March 6. Without objection, Senator Bunde was excused. Senator French moved and asked unanimous consent to be excused from a call of the Senate to morning plane time on February 21. Without objection, Senator French was excused. SB 218 CS FOR SENATE BILL NO. 218(FIN) "An Act relating to sex offenders and child kidnappers; relating to reporting of sex offenders and child kidnappers; relating to periodic polygraph examinations for sex offenders released on probation or parole; relating to sexual abuse of a minor; relating to the definitions of 'aggravated sex offense' and 'child kidnapping'; relating to penalties for failure to report child abuse or neglect; relating to sentencing for sex offenders and habitual criminals; and providing for an effective date" which had been engrossed (page 2219), was signed by the President and Secretary and transmitted to the House for consideration with a Senate Letter of Intent. Announcements Announcements are at the end of the journal. Engrossment HB 81 SENATE CS FOR CS FOR HOUSE BILL NO. 81(JUD) am S "An Act establishing an administrative fine and procedure for construction contractors in certain circumstances; increasing the amount of a civil penalty for persons acting in the capacity of contractors or home inspectors; modifying the elements of a crime involving contractor registration and residential contractors; modifying the exemptions from regulation under AS 08.18 for contractors; and exempting the 2006-02-17 Senate Journal Page 2238 administrative hearings for imposing an administrative fine on construction contractors from the hearings conducted by the office of administrative hearings in the Department of Administration" was engrossed. Adjournment Senator Wagoner, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 1:45 p.m., February 21, 2006. Without objection, the Senate adjourned at 11:41 a.m. Kirsten Waid Secretary of the Senate February 2006 2006-02-17 Senate Journal Page 2239 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 17 Friday Beltz 211 1:30 PM No Meeting Scheduled Feb 20 Monday Beltz 211 1:30 PM No Meeting Scheduled Feb 22 Wednesday Beltz 211 1:30 PM += SB 265 BONDS OF BOND BANK AUTHORITY += SB 193 DEFERRAL OF MUNICIPAL PROPERTY TAXES + SB 247 REVENUE SHARING PROGRAM + SB 246 APPROP TO REVENUE SHARING FUND Feb 24 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 17 Friday Senate Finance 532 9:00 AM += SB 210 VIOL. OF ALCOHOLIC BEV. LAWS/FORFEITURE += SB 237 ADDITIONAL JUDGES FOR THIRD DISTRICT + Bills Previously Heard/Scheduled Feb 20 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 21 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 22 Wednesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled 2006-02-17 Senate Journal Page 2240 FINANCE (continued) Feb 23 Thursday Senate Finance 532 9:00 AM + Joint w/(H) Finance Presentation by Callan Associates - Re: PFD Five-Year Forecast Feb 24 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 17 Friday Butrovich 205 1:30 PM + SB 250 DOMESTIC VIOLENCE/SEXUAL ASSAULT COUNCIL Bills Previously Heard/Scheduled Feb 20 Monday Butrovich 205 1:30 PM Presidents Day - No Meeting Scheduled Feb 22 Wednesday Butrovich 205 1:30 PM + Overview: Medicare Prescription Drugs - Department of Health & Social Services + SB 299 NONDISCRIMINATION HEALTH CARE PROVIDERS + Bills Previously Heard/Scheduled Feb 24 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 21 Tuesday Butrovich 205 8:30 AM += SJR 20 CONST. AM: BENEFITS & MARRIAGE + Bills Previously Heard/Scheduled Feb 22 Wednesday Butrovich 205 8:30 AM + SB 301 CHANGE OF VENUE IN CIVIL CASES + SB 222 PROTECTION OF PERSONAL INFORMATION + Bills Previously Heard/Scheduled Feb 23 Thursday Butrovich 205 8:30 AM No Meeting Scheduled ---------------------------------------- 2006-02-17 Senate Journal Page 2241 LABOR & COMMERCE Feb 21 Tuesday Beltz 211 1:30 PM No Meeting Scheduled Feb 23 Thursday Beltz 211 1:30 PM + SB 298 TRUSTS: CHALLENGES; CLAIMS; LIABILITIES Bills Previously Heard/Scheduled Including but Not Limited to: += SB 289 INSURANCE ---------------------------------------- RESOURCES Feb 17 Friday Butrovich 205 3:30 PM No Meeting Scheduled Feb 20 Monday Butrovich 205 3:30 PM No Meeting Scheduled Feb 22 Wednesday Butrovich 205 3:30 PM + Senate Bill: Production Tax on Oil and Gas <Pending Introduction & Referral> Presentation by Administration Feb 23 Thursday Butrovich 205 3:30 PM + Senate Bill: Production Tax on Oil and Gas <Pending Introduction & Referral> Presentation by Administration Feb 24 Friday Butrovich 205 3:30 PM + Senate Bill: Production Tax on Oil and Gas <Pending Introduction & Referral> Presentation by Administration Feb 25 Saturday Senate Finance 532 10:00 AM -- Time and Location Change -- + Joint w/(H) Resources Production Tax on Oil and Gas <Pending Introduction & Referral> Public Hearings ---------------------------------------- 2006-02-17 Senate Journal Page 2242 STATE AFFAIRS Feb 21 Tuesday Butrovich 205 3:30 PM No Meeting Scheduled Feb 23 Thursday Butrovich 205 3:30 PM += SB 274 STATE FIREARM DISPOSAL AND INVENTORY Bills Previously Heard/Scheduled Feb 28 Tuesday Butrovich 205 3:30 PM + SB 279 OPERATING BUDGET MISSIONS/DESIRED RESULTS + HB 167 DECEASED VETERAN DEATH CERTIFICATE/HONOR Bills Previously Heard/Scheduled Mar 02 Thursday Butrovich 205 3:30 PM Joint w/(H) State Affairs Alaska 20/20 2006 Annual Report Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 21 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Feb 23 Thursday Butrovich 205 1:30 PM + SB 300 MOTOR VEHICLE NEGATIVE EQUITY + SB 273 MOTOR VEHICLE SALES 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" <At 3:15 p.m. there will be a brief project status and update on the Knik Arm Bridge> ---------------------------------------- FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV Feb 28 Tuesday Beltz 211 8:00 AM Budget Overview: DCCED 2006-02-17 Senate Journal Page 2243 COMMERCE, COMMUNITY & ECONOMIC DEV (continued) Mar 07 Tuesday Beltz 211 8:00 AM Budget Detail Mar 14 Tuesday Beltz 211 8:00 AM Budget Detail Mar 21 Tuesday Beltz 211 8:00 AM Budget Detail Mar 28 Tuesday Beltz 211 8:00 AM Budget Detail Apr 04 Tuesday Beltz 211 8:00 AM Budget Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 22 Wednesday Senate Finance 532 4:30 PM General Overview on the Operating Budget (emphasis on new or expanded programs) ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 23 Thursday Senate Finance 532 8:00 AM Departmental Overview ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Feb 23 Thursday Fahrenkamp 203 8:00 AM + Budget Overview -- Testimony <Invitation Only> -- ---------------------------------------- LAW Feb 23 Thursday Senate Finance 532 4:30 PM Budget Overview: Dept of Law Mar 02 Thursday Senate Finance 532 4:30 PM Budget Detail 2006-02-17 Senate Journal Page 2244 LAW (continued) Mar 09 Thursday Senate Finance 532 4:30 PM Budget Detail Mar 16 Thursday Senate Finance 532 4:30 PM Budget Detail Mar 23 Thursday Senate Finance 532 4:30 PM Budget Detail Mar 30 Thursday Senate Finance 532 4:30 PM Budget Closeout ---------------------------------------- MILITARY AND VETERANS AFFAIRS Feb 23 Thursday Beltz 211 7:30 AM + FY07 Operating Budget ---------------------------------------- PUBLIC SAFETY Feb 21 Tuesday Butrovich 205 3:30 PM + FY07 Operating Budget ---------------------------------------- REVENUE Feb 23 Thursday Senate Finance 532 1:30 PM Budget Overview: Dept of Revenue Mar 02 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 09 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 16 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 23 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 30 Thursday Senate Finance 532 1:30 PM Budget Closeout 2006-02-17 Senate Journal Page 2245 UNIVERSITY OF ALASKA Feb 28 Tuesday Butrovich 205 5:00 PM -- Teleconference <Listen Only> -- Overview of National Education Trends Julie Bell, National Conference of State Legislatures ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Feb 21 Tuesday Fahrenkamp 203 3:00 PM -- Location Change -- Changes to Regulations Adopted by Dept. of Health & Human Services Re: Durable Medical Equipment Supplies ---------------------------------------- LEGISLATIVE COUNCIL Feb 21 Tuesday Terry Miller 104 11:30 AM Statute Publishing RFP Subcommittee Executive Session ---------------------------------------- OTHER MEETINGS 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