Legislature(2005 - 2006)
2006-02-23 Senate Journal
Full Journal pdf2006-02-23 Senate Journal Page 2287 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Thursday February 23, 2006 Forty-sixth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:10 a.m. The roll showed seventeen members present. Senator Green was excused from a call of the Senate. Senators Therriault, Seekins were absent. The prayer was offered by the Chaplain, Pastor Tom Matthews of the Douglas Island Bible Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, As another day is started here in these chambers, I would again ask You for Your blessings on this day. Thank You for the pattern that You give us in Your Word on how we are expected to live. I recognize that our very breath comes from You. You are our sovereign Lord. You willed the world into existence and it is Your will that holds it together. As our sovereign, You have an expectation of justice and equity. I pray that any decisions that come out of this body would follow this pattern that You have given us. Humble us Lord. Let us never shake our puny fists against Your authority in our lives. I not only lift up this assembly Lord, but I recognize the need for Your guiding hand in our nation's capital as well. Lead our president, lead his advisors, direct our United States Senators and Congressmen in their various roles today. Help our nation to always be as our pledge claims it to be, "one nation under God." 2006-02-23 Senate Journal Page 2288 I pray this in the name of Your Beloved Son, Jesus Christ. Amen. Senator Huggins led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the forty-fifth legislative day, Senate Journal Supplement No. 5 and Senate and House Joint Journal Supplement No. 13 be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Therriault was noted. Messages from the House Message dated February 22 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 274 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 274(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the practice of accounting; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. HB 326 CS FOR HOUSE BILL NO. 326(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the definition of the crime of harassment." 2006-02-23 Senate Journal Page 2289 was read the first time and referred to the Judiciary and Finance Committees. HB 357 CS FOR HOUSE BILL NO. 357(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act updating the terminology in statutes for persons with disabilities; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. HB 393 CS FOR HOUSE BILL NO. 393(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act requiring that certain health care insurance plans provide coverage for the costs of colorectal cancer screening examinations and laboratory tests; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Health, Education and Social Services Committees. Communications The following reports are on file in the Office of the Secretary of the Senate: Special Report to the State of Alaska Legislature and Administration dated February 2006 from Patrick K. Gamble, President and CEO Alaska Railroad Corporation Notification of Availability of the Fiscal Year 2005 Annual Report from Kate Giard, Chairman, Regulatory Commission of Alaska Department of Commerce, Community and Economic Development available at: www.state.ak.us/rca/AnnualReport/FY05AR.pdf in accordance with AS 42.05.211 and AS 42.06.220 2006-02-23 Senate Journal Page 2290 Review of Indigency Requirements for Eligibility of Public Counsel from Scott J. Nordstrand, Commissioner Department of Administration in accordance with Section 13, Chapter 3, FSSLA 05 Standing Committee Reports SB 265 The Community and Regional Affairs Committee considered SENATE BILL NO. 265 "An Act increasing the total amount of bonds and notes that the Alaska Municipal Bond Bank Authority may have outstanding; and providing for an effective date." Signing do pass: Senator Stedman, Chair; Senators Wagoner, Gary Stevens. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue The bill was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 306 SENATE BILL NO. 306 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act requiring an employing unit with a change in ownership, management, or control or similar change to notify the Department of Labor and Workforce Development of the change; relating to the unemployment contribution rate of an employing unit; defining 'business' for purposes of statutes setting unemployment contribution rates; establishing the crime of obtaining an unemployment rate by deception; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Judiciary Committees. 2006-02-23 Senate Journal Page 2291 SB 307 SENATE BILL NO. 307 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to a fee provided for in the rental agreement for late payment of rent under the Uniform Residential Landlord and Tenant Act." was read the first time and referred to the Labor and Commerce and Judiciary Committees. Unfinished Business SB 36 President Stevens brought up the report from the Conference Committee considering CS FOR SENATE BILL NO. 36(JUD) "An Act relating to absentee ballots" and HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) am H which had been held on the Secretary's desk (page 2122). President Stevens discharged the Conference Committee and appointed the following members to a Free Conference Committee to meet with a like committee from the House: Senator Gary Stevens, Chair Senator Bunde Senator Hoffman The Secretary was requested to notify the House. Senators French, Ellis moved and asked unanimous consent to be excused from a call of the Senate to morning plane time on February 27. Without objection, Senators French, Ellis were excused. Senators Huggins, Cowdery moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, February 23 to evening plane time, February 26. Without objection, Senators Huggins, Cowdery were excused. 2006-02-23 Senate Journal Page 2292 Announcements Announcements are at the end of the journal. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 27, 2006. Without objection, the Senate adjourned at 11:27 a.m. Kirsten Waid Secretary of the Senate February 2006 2006-02-23 Senate Journal Page 2293 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 24 Friday Beltz 211 1:3 No Meeting Scheduled Feb 27 Monday Beltz 211 1:3 No Meeting Scheduled Mar 01 Wednesday Beltz 211 1:3 No Meeting Scheduled Mar 03 Friday Beltz 211 1:3 No Meeting Scheduled ---------------------------------------- FINANCE Feb 23 Thursday Senate Finance 532 9:0 + Joint w/(H) Finance Presentation by Callan Associates - Re: PFD Five-Year Forecast Feb 24 Friday Senate Finance 532 9:0 No Meeting Scheduled Feb 27 Monday Senate Finance 532 9:0 No Meeting Scheduled 2006-02-23 Senate Journal Page 2294 FINANCE (continued) Feb 28 Tuesday Senate Finance 532 9:0 No Meeting Scheduled Mar 01 Wednesday Senate Finance 532 9:0 += SB 207 AK AEROSPACE DEVEL. CORP BD MEMBERSHIP + SB 253 EXTEND BOARD OF CHIROPRACTIC EXAMINERS + SB 254 EXTEND PT & OCCUPATIONAL THERAPY BOARD + SB 255 OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT + Bills Previously Heard/Scheduled Mar 02 Thursday Senate Finance 532 9:0 += SB 232 APPROPS: ENERGY-RELATED, PIPELINE & MISC. += SB 264 FAST TRACK SUPPLEMENTAL APPROPS += SB 243 TOBACCO REV. FOR UNIV. & CORR. FACILITIES + Bills Previously Heard/Scheduled Mar 03 Friday Senate Finance 532 9:0 + Bills Previously Heard/Scheduled Mar 03 Friday Senate Finance 532 3:3 + Joint w/(S) Resources Presentation by Legislative Consultants On Oil and Gas Production Tax Mar 04 Saturday Senate Finance 532 10:00 + Joint w/(S) Resources Presentation by Legislative Consultants On Oil and Gas Production Tax ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 24 Friday Butrovich 205 1:3 No Meeting Scheduled Feb 27 Monday Butrovich 205 1:3 += SB 251 POSTSEC. STUDENT MENINGITIS IMMUNIZATION + SB 244 NO DISCRIMINATION AGAINST ACUPUNCTURIST + SJR 19 TASK FORCE ON HOSPITAL INFECTIONS + SB 242 STATUTORY REFERENCES TO DISABILITIES + HB 357 STATUTORY REFERENCES TO DISABILITIES + Bills Previously Heard/Scheduled 2006-02-23 Senate Journal Page 2295 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Mar 01 Wednesday Butrovich 205 1:3 + SB 281 SCHOOL DIST. ENROLLMENT SHARING/CORRESPON += SB 162 REPORT STUDENT HEALTH/DISCIPLINE/SAFETY + SB 199 SCHOOL NUTRITION SUPPORT GRANTS + Bills Previously Heard/Scheduled Mar 03 Friday Butrovich 205 1:3 No Meeting Scheduled ---------------------------------------- JUDICIARY Feb 23 Thursday Butrovich 205 8:3 No Meeting Scheduled Feb 27 Monday Butrovich 205 8:3 += SB 206 DETENTION OF MATERIAL WITNESSES += SB 222 PROTECTION OF PERSONAL INFORMATION + SB 216 BAIL RESTRICTIONS + Bills Previously Heard/Scheduled Feb 28 Tuesday Butrovich 205 8:3 += SJR 20 CONST. AM: BENEFITS & MARRIAGE + SB 284 SENTENCING FOR ALCOHOL-RELATED CRIMES + Bills Previously Heard/Scheduled Mar 01 Wednesday Butrovich 205 8:3 + SB 252 DEFINITION OF CHILD ABUSE AND NEGLECT += SB 301 CHANGE OF VENUE IN CIVIL CASES += SB 249 REPORTING BAIL AND RELEASE INFORMATION + Bills Previously Heard/Scheduled Mar 02 Thursday Butrovich 205 8:3 + SB 298 TRUSTS: CHALLENGES; CLAIMS; LIABILITIES <Pending Referral> + HB 92 UNIV. OF ALASKA & NONPROFIT CORP STOCK + HB 318 LIMITATION ON EMINENT DOMAIN + Bills Previously Heard/Scheduled ---------------------------------------- 2006-02-23 Senate Journal Page 2296 LABOR & COMMERCE Feb 23 Thursday Beltz 211 1:3 + SB 298 TRUSTS: CHALLENGES; CLAIMS; LIABILITIES Bills Previously Heard/Scheduled Including but Not Limited to: += SB 289 INSURANCE Feb 28 Tuesday Beltz 211 1:3 No Meeting Scheduled Mar 02 Thursday Beltz 211 2:0 + SB 306 UNEMPLOYMENT INSURANCE FUND & TAXES + SB 272 MORTGAGE LENDING + Confirmation Hearings: Alcohol Beverage Control Board - William G. Andrews, Gail M. Niemi State Board of Registration for Architects, Engineers & Land Surveyors - Charles A. Leet Board of Veterinary Examiners - Steve Torrence Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 23 Thursday Butrovich 205 3:3 += SB 305 OIL AND GAS PRODUCTION TAX Presentation by Administration Feb 24 Friday Butrovich 205 3:3 += SB 305 OIL AND GAS PRODUCTION TAX Presentation by Administration Feb 25 Saturday Senate Finance 532 10:00 -- Time and Location Change -- + Joint w/(H) Resources += SB 305 OIL AND GAS PRODUCTION TAX Public Hearings Feb 27 Monday Butrovich 205 3:3 += SB 305 OIL AND GAS PRODUCTION TAX Stakeholder Presentations 2006-02-23 Senate Journal Page 2297 RESOURCES (continued) Feb 28 Tuesday Butrovich 205 3:3 += SB 305 OIL AND GAS PRODUCTION TAX Stakeholder Presentations Mar 01 Wednesday Butrovich 205 3:3 += SB 305 OIL AND GAS PRODUCTION TAX Stakeholder Presentations Mar 02 Thursday Butrovich 205 3:3 += SB 305 OIL AND GAS PRODUCTION TAX Mar 03 Friday Senate Finance 532 3:3 Joint w/(S) Finance += SB 305 OIL AND GAS PRODUCTION TAX Presentation by Legislative Consultants Mar 04 Saturday Senate Finance 532 10:00 Joint w/(S) Finance += SB 305 OIL AND GAS PRODUCTION TAX Presentation by Legislative Consultants ---------------------------------------- STATE AFFAIRS Feb 23 Thursday Beltz 211 3:3 -- Location Change -- += SB 274 STATE FIREARM DISPOSAL AND INVENTORY Bills Previously Heard/Scheduled Feb 28 Tuesday Butrovich 205 3:3 + SB 279 OPERATING BUDGET MISSIONS/DESIRED RESULTS + HB 167 DECEASED VETERAN DEATH CERTIFICATE/HONOR Bills Previously Heard/Scheduled Mar 02 Thursday Butrovich 205 3:3 Joint w/(H) State Affairs Alaska 20/20 2006 Annual Report Bills Previously Heard/Scheduled ---------------------------------------- 2006-02-23 Senate Journal Page 2298 TRANSPORTATION Feb 23 Thursday Butrovich 205 1:3 + SB 300 MOTOR VEHICLE NEGATIVE EQUITY + SB 273 MOTOR VEHICLE SALES Feb 25 Saturday Wasilla Lio Conf Rm 1:3 -- 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> Feb 28 Tuesday Butrovich 205 1:3 + SB 266 COMMEMORATIVE PLATES: STATEHOOD ANIV. + SB 304 AIRPORT PARKING SHUTTLES/AIRPORT CHARGES + Bills Previously Heard/Scheduled Mar 02 Thursday Butrovich 205 2:0 -- Time Change -- + SB 303 KNIK ARM BRIDGE AND TOLL AUTHORITY Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 02 Thursday Beltz 211 5:0 FY07 Operating Budget ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Feb 28 Tuesday Beltz 211 8:0 Budget Overview: DCCED Mar 07 Tuesday Beltz 211 8:0 Budget Detail 2006-02-23 Senate Journal Page 2299 COMMERCE, COMMUNITY & ECONOMIC DEV (continued) Mar 14 Tuesday Beltz 211 8:0 Budget Detail Mar 21 Tuesday Beltz 211 8:0 Budget Detail Mar 28 Tuesday Beltz 211 8:0 Budget Detail Apr 04 Tuesday Beltz 211 8:0 Budget Closeout ---------------------------------------- CORRECTIONS Mar 02 Thursday Fahrenkamp 203 4:0 Budget Overview ---------------------------------------- COURT SYSTEM Mar 02 Thursday Beltz 211 8:0 Budget Overview ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 02 Thursday Fahrenkamp 203 2:3 FY07 Operating Budget ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 23 Thursday Butrovich 205 8:0 -- Location Change -- Departmental Overview Mar 02 Thursday Senate Finance 532 8:0 Agency Overview Follow-up ---------------------------------------- 2006-02-23 Senate Journal Page 2300 FISH & GAME Mar 01 Wednesday Fahrenkamp 203 1:3 + FY 07 Budget Overview -- Testimony <Invitation Only> -- ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 02 Thursday Fahrenkamp 203 1:0 Budget Overview: "A Half Hour of Highlights." ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Feb 23 Thursday Fahrenkamp 203 8:0 + Budget Overview -- Testimony <Invitation Only> -- ---------------------------------------- LAW Feb 23 Thursday Senate Finance 532 4:3 -- Rescheduled to 03/02/06 -- Budget Overview: Dept of Law Mar 02 Thursday Senate Finance 532 4:3 -- Rescheduled from 02/23/06 -- Budget Overview: Dept of Law Mar 09 Thursday Senate Finance 532 4:3 Budget Detail Mar 16 Thursday Senate Finance 532 4:3 Budget Detail Mar 23 Thursday Senate Finance 532 4:3 Budget Detail Mar 30 Thursday Senate Finance 532 4:3 Budget Closeout 2006-02-23 Senate Journal Page 2301 MILITARY AND VETERANS AFFAIRS Feb 23 Thursday Beltz 211 7:3 + FY07 Operating Budget ---------------------------------------- NATURAL RESOURCES Feb 28 Tuesday Senate Finance 532 8:0 + FY 07 Budget Overview -- Testimony <Invitation Only> -- ---------------------------------------- REVENUE Feb 23 Thursday Senate Finance 532 1:3 -- Rescheduled to 03/02/06 -- Budget Overview: Dept of Revenue Mar 02 Thursday Beltz 211 1:3 -- Rescheduled from 02/23/06 -- Budget Overview: Dept of Revenue Mar 09 Thursday Senate Finance 532 1:3 Budget Detail Mar 16 Thursday Senate Finance 532 1:3 Budget Detail Mar 23 Thursday Senate Finance 532 1:3 Budget Detail Mar 30 Thursday Senate Finance 532 1:3 Budget Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 03 Friday Beltz 211 8:0 Budget Overview ---------------------------------------- 2006-02-23 Senate Journal Page 2302 UNIVERSITY OF ALASKA Feb 28 Tuesday Butrovich 205 5:0 -- Teleconference <Listen Only> -- Overview of National Education Trends Julie Bell, National Conference of State Legislatures ---------------------------------------- JOINT COMMITTEES LEGISLATIVE COUNCIL Feb 28 Tuesday Terry Miller 104 6:3 Fairbanks Office Space RFP Protest Subcommittee Meeting, 7pm Statute Publication RFP - Executive Session ---------------------------------------- OTHER MEETINGS FISH CAUCUS Feb 28 Tuesday Butrovich 205 12:00 New Frontiers in Fisheries: The Alaska Fisheries Development Foundation, Bob Pawlowski, Exec. Director ---------------------------------------- JOINT LEGISLATIVE HEALTH CAUCUS Mar 01 Wednesday Butrovich 205 12:00 Topic: "Black Holes in the Health Care Universe" A light lunch will be served. ---------------------------------------- JOINT SESSION Mar 22 Wednesday House Chamber 11:00 Address by the Honorable Ted Stevens, U.S. Senator