Legislature(2005 - 2006)

2006-03-06 Senate Journal

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2006-03-06                     Senate Journal                      Page 2377
                                                                                                    
                                       SENATE JOURNAL                                            
                                                                                                    
                                  ALASKA STATE LEGISLATURE                                       
                                                                                                    
                                  TWENTY-FOURTH LEGISLATURE                                      
                                                                                                    
                                       SECOND SESSION                                            
                                                                                                    
Juneau, Alaska                                Monday                              March 6, 2006   
                                                                                                    
                                      Fifty-seventh Day                                          
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:05 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senator Seekins was                                       
excused from a call of the Senate. Senator Therriault was absent.                                   
                                                                                                    
The prayer was offered by the Chaplain, Pastor Brian Ewing of the                                   
Calvary Fellowship. Senator Hoffman moved and asked unanimous                                       
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
   Father, these men and women are assembled here at the start of                                   
   this week to make decisions that affect the people and the                                       
   resources of this state of Alaska. We want to acknowledge our                                    
   need for Your help.                                                                              
                                                                                                    
   We need Your help because we live in a fallen world. It tends                                    
   toward corruption and it tends to corrupt us. It is a gauntlet for                               
   those who seek to do what is right and honorable before You.                                     
                                                                                                    
   We need Your help because we ourselves are fallen. We are                                        
   blemished from birth. We are beastly by nature. If we fail to see                                
   that in ourselves we certainly can see it in the person sitting                                  
   next to us. We agree with the leader of ancient Israel who said,                                 
   "give us help from trouble, for the help of man is useless."                                     
   (Psalm 60:11)                                                                                    
                                                                                                    
   We need Your help because life is hard. Sickness robs us of our                                  
   strength. Death robs us of those we love. Difficulties rob us of                                 
   our zeal, our zest for life. We want to accept the help that is                                  

2006-03-06                     Senate Journal                      Page 2378
   promised through Your son Jesus who said, "Come to Me, all                                       
   who are weary and heavy laden, and I will give You rest. Take                                    
   My yoke upon you and learn from Me, for I am gentle and                                          
   humble in heart, and you will find rest for your souls."                                         
   (Matthew 11:28-29)                                                                               
                                                                                                    
   Give these men and women Your help this week father and                                          
   accompany it with the rest that can only come through Jesus                                      
   Christ.                                                                                 Amen.    
                                                                                                    
Senator Stedman led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                        Certification                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the fifty-fourth through fifty-sixth legislative days be                               
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
SB 112                                                                                            
Senator Bunde moved and asked unanimous consent that the time for                                   
reconsideration on CS FOR SENATE BILL NO. 112(FIN) am "An                                           
Act relating to a tax on residents of and individuals employed in                                   
regional educational attendance areas; relating to permanent fund                                   
dividend applications; relating to regional educational attendance area                             
grants; and providing for an effective date" be held to March 13.                                   
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, the time for reconsideration was held to March 13.                               
                                                                                                    
                                                                                                    
                                 Messages from the Governor                                      
                                                                                                    
HCR 33                                                                                            
Message dated and received March 3 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:                                                                                             
                                                                                                    
                                                                                                    

2006-03-06                     Senate Journal                      Page 2379
                             HOUSE CONCURRENT RESOLUTION NO. 33                                    
                        Relating to declaring March 2006 as Sobriety                               
             Awareness Month.                                                                       
                                                                                                    
                                 Legislative Resolve No. 30                                        
                                                                                                    
                                                                                                    
                                   Messages from the House                                       
                                                                                                    
Message dated March 3 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                               First Reading and Reference of                                    
                                      House Resolutions                                          
                                                                                                    
HJR 14                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 14(RES) BY THE                                                    
HOUSE RESOURCES COMMITTEE,                                                                          
                                                                                                    
                    Urging the United States Congress to pass legislation                          
             to convey land to the University of Alaska.                                            
                                                                                                    
was read the first time and referred to the Special Committee on                                    
University Oversight and the Resources Committee.                                                   
                                                                                                    
                                                                                                    
                                       Communications                                            
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    
Annual Loan Fund Report 2006                                                                        
Alaska Drinking Water and Clean Water Loan Funds                                                    
from Kurt Fredriksson, Commissioner                                                                 
Department of Environmental Conservation                                                            
in accordance with AS 37.05.035                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-03-06                     Senate Journal                      Page 2380
                                 Standing Committee Reports                                      
                                                                                                    
SB 235                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 235 "An Act relating to a public school                                             
performance incentive program; and providing for an effective date."                                
Signing do pass: Senator Dyson, Chair; Senator Green. Signing do not                                
pass: Senator Elton. Signing no recommendation: Senators Wilken,                                    
Olson.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Education and Early                                               
        Development                                                                                 
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 250                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 250 "An Act extending the termination date of                                       
the Council on Domestic Violence and Sexual Assault; and                                            
eliminating statutory references to the network on domestic violence                                
and sexual assault." Signing do pass: Senator Dyson, Chair. Signing                                 
no recommendation: Senators Wilken, Green. Signing amend:                                           
Senators Elton, Olson.                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                                Consideration of the Calendar                                    
                                                                                                    
                                          Citations                                              
                                                                                                    
Honoring - Wasilla High State 4A Wrestling Champions                                                
Representative(s) Stoltze, Kohring, Gatto, Neuman                                                   
Senator(s) Huggins, Green, Ben Stevens, Bunde,  Cowdery, Davis,                                     
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  

2006-03-06                     Senate Journal                      Page 2381
Honoring - Sophie Wiepking-Brown                                                                    
Representative(s) Gardner                                                                           
Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Dr. Helen Dittman Beirne                                                              
Senator(s) Bunde, Ben Stevens, 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                                     
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                                     Unfinished Business                                         
                                                                                                    
Senator Dyson moved and asked unanimous consent to be excused                                       
from a call of the Senate from afternoon plane time, March 17 to                                    
morning plane time, March 20. Without objection, Senator Dyson was                                  
excused.                                                                                            
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate from March 8 through March 10. Without                                    
objection, Senator Olson was excused.                                                               
                                                                                                    
                                                                                                    
                                        Announcements                                            
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment and Enrollment                                      
                                                                                                    
SB 36                                                                                             
FREE CONFERENCE CS FOR SENATE BILL NO. 36 "An Act                                                   
relating to absentee ballots" was engrossed and 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 9:41                               
a.m., March 6, 2006.                                                                                
                                                                                                    

2006-03-06                     Senate Journal                      Page 2382
Memorandum from the Division of Legal and Research Services,                                        
Legislative Affairs Agency, reporting the following manifest error in                               
FREE CONFERENCE CS FOR SENATE BILL NO. 36, which has                                                
been corrected in enrolling:                                                                        
                                                                                                    
Page 4, line 10:                                                                                    
      Delete "for"                                                                              
      Insert "of"                                                                               
                                                                                                    
                                                                                                    
                                         Adjournment                                             
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., March 7, 2006. Without                                
objection, the Senate adjourned at 11:17 a.m.                                                       
                                                                                                    
                                                                                     Kirsten Waid   
                                                                      Secretary of the Senate       
                                                                                                    
                                                                                      March 2006    

2006-03-06                     Senate Journal                      Page 2383
                                        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                                     
                                                                                                    
Mar 06             Monday                                           Beltz 211                1:30 P
+= SB 193 DEFERRAL OF MUNICIPAL PROPERTY TAXES                                                      
+ SB 291 MUNICIPAL HARBOR FACILITY GRANTS                                                           
+= SB 247 REVENUE SHARING PROGRAM                                                                   
+= SB 246 APPROP TO REVENUE SHARING FUND                                                            
                                                                                                    
Mar 08             Wednesday                                        Beltz 211                1:30 P
+= SB 248 ADMINISTRATIVE BOROUGHS/BOROUGH GRANTS/                                                   
                                                                                                    
Mar 10             Friday                                           Beltz 211                1:30 P
                   Bills Previously Heard/Scheduled                                                 
                          ----------------------------------------                                 
                                                                                                    
                                           FINANCE                                               
                                                                                                    
Mar 06             Monday                            Senate Finance 532                     9:00 AM
                   -- Meeting Canceled --                                                           
+= SB 232 APPROPS: ENERGY-RELATED, PIPELINE & MISC.                                                 
+= SB 264 FAST TRACK SUPPLEMENTAL APPROPS                                                           
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 06             Monday                            Senate Finance 532                      3:30 P
+                  Joint w/(S) Resource                                                             
                   Presentation by Legislative Consultant                                           
                   on Proposed Oil & Gas Production Tax                                             
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    

2006-03-06                     Senate Journal                      Page 2384
                                     FINANCE (continued)                                         
                                                                                                    
Mar 07             Tuesday                           Senate Finance 532                     9:00 AM
+= SB 232 APPROPS: ENERGY-RELATED, PIPELINE & MISC.                                                 
+= SB 264 FAST TRACK SUPPLEMENTAL APPROPS                                                           
+ SB 216 BAIL RESTRICTIONS                                                                          
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 08             Wednesday                         Senate Finance 532                     9:00 AM
+= SB 243 TOBACCO REV. FOR UNIV. & CORR. FACILITIES                                                 
+ SB 265 BONDS OF BOND BANK AUTHORITY                                                               
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 09             Thursday                          Senate Finance 532                     9:00 AM
+ SJR 20 CONST. AM: BENEFITS & MARRIAGE                                                             
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 10             Friday                            Senate Finance 532                     9:00 AM
+                  Joint w/(S) Transportation                                                       
                   Discussion Regarding Federal                                                     
                   Transportation Funding                                                           
+                  Bills Previously Heard/Scheduled                                                 
                          ----------------------------------------                                 
                                                                                                    
                             HEALTH, EDUCATION & SOCIAL SERVICES                                 
                                                                                                    
Mar 06             Monday                                    Butrovich 205                   1:30 P
+ HB 109 SCREENING NEWBORN FOR HEARING/AUDIOLOGIST                                                  
+ SB   8 NURSE EDUC LOAN REPAYMENT PROGRAM                                                          
+ SB 184 MENTAL HEALTH PATIENT RIGHTS:STAFF GENDER                                                  
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 08             Wednesday                                 Butrovich 205                   1:30 P
                   No Meeting Scheduled-Energy Council                                              
                                                                                                    
Mar 10             Friday                                    Butrovich 205                   1:30 P
                   No Meeting Scheduled-Energy Council                                              
                          ----------------------------------------                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-03-06                     Senate Journal                      Page 2385
                                          JUDICIARY                                              
                                                                                                    
Mar 06             Monday                                    Butrovich 205                  8:30 AM
                   No Meeting Scheduled                                                             
                                                                                                    
Mar 07             Tuesday                                   Butrovich 205                  8:30 AM
                   No Meeting Scheduled                                                             
                                                                                                    
Mar 08             Wednesday                                 Butrovich 205                  8:30 AM
+= SB 206 DETENTION OF MATERIAL WITNESSES                                                           
+= SB 222 PROTECTION OF PERSONAL INFORMATION                                                        
                   <Bill Hearing Canceled>                                                          
+= HB  92 UNIV. OF ALASKA & NONPROFIT CORP STOCK                                                    
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 09             Thursday                                  Butrovich 205                  8:30 AM
+                  Board of Governors of the Alaska Bar:                                            
                   William A. Granger                                                               
= HB 318 LIMITATION ON EMINENT DOMAIN                                                               
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 10             Friday                                    Butrovich 205                  8:30 AM
                   Meeting will be held if necessary.                                               
+                  Bills Previously Heard/Scheduled                                                 
                          ----------------------------------------                                 
                                                                                                    
                                      LABOR & COMMERCE                                           
                                                                                                    
Mar 07             Tuesday                                          Beltz 211                1:30 P
+= SB 306 UNEMPLOYMENT INSURANCE FUND & TAXES                                                       
+= SB 272 MORTGAGE LENDING                                                                          
+= HB 274 PUBLIC ACCOUNTANTS                                                                        
+                  Bills Previously Heard/Scheduled                                                 
                   Including But Not Limited to:                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-03-06                     Senate Journal                      Page 2386
                                LABOR & COMMERCE (continued)                                     
                                                                                                    
Mar 09             Thursday                                         Beltz 211                1:30 P
+ SB 307 LANDLORD REMEDIES; LATE FEE                                                                
+ HB 393 INSURANCE FOR COLORECTAL CANCER SCREENING                                                  
+                  Confirmation Hearing:                                                            
                   Alcohol Beverage Control Board -                                                 
                   Billy G. Andrews and 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                                                 
                   Including But Not Limited to:                                                    
                          ----------------------------------------                                 
                                                                                                    
                                          RESOURCES                                              
                                                                                                    
Mar 06             Monday                            Senate Finance 532                      3:30 P
                   Joint w/(S) Finance                                                              
+ SB 305 OIL AND GAS PRODUCTION TAX                                                                 
                   Presentation by Legislative Consultant                                           
                   Daniel Johnston                                                                  
                                                                                                    
Mar 07             Tuesday                                   Butrovich 205                   3:30 P
= SB 305 OIL AND GAS PRODUCTION TAX                                                                 
                   -- Agenda to be Announced --                                                     
                                                                                                    
Mar 08             Wednesday                                 Butrovich 205                   3:30 P
= SB 305 OIL AND GAS PRODUCTION TAX                                                                 
                   -- Agenda to be Announced --                                                     
                                                                                                    
Mar 09             Thursday                                  Butrovich 205                   3:30 P
= SB 305 OIL AND GAS PRODUCTION TAX                                                                 
                   -- Agenda to be Announced --                                                     
                                                                                                    
Mar 10             Friday                                    Butrovich 205                   3:30 P
= SB 305 OIL AND GAS PRODUCTION TAX                                                                 
                   -- Agenda to be Announced --                                                     
                                                                                                    
Mar 11             Saturday                                  Butrovich 205                10:00 AM 
= SB 305 OIL AND GAS PRODUCTION TAX                                                                 
                   -- Agenda to be Announced --                                                     

2006-03-06                     Senate Journal                      Page 2387
                                        STATE AFFAIRS                                            
                                                                                                    
Mar 06             Monday                                    Butrovich 205                  9:00 AM
                   -- Continued from 03/02/06 --                                                    
= SB 274 STATE FIREARM DISPOSAL AND INVENTORY                                                       
= SB 297 CONTRIBUTIONS FROM PERM. FUND DIVIDENDS                                                    
= HB 167 DECEASED VETERAN DEATH CERTIFICATE/HONOR                                                   
                                                                                                    
Mar 07             Tuesday                                   Butrovich 205                   3:30 P
                   No Meeting Scheduled                                                             
                                                                                                    
Mar 09             Thursday                                  Butrovich 205                   3:30 P
                   No Meeting Scheduled                                                             
                          ----------------------------------------                                 
                                                                                                    
                                       TRANSPORTATION                                            
                                                                                                    
Mar 07             Tuesday                           Senate Finance 532                      1:30 P
                   -- Location Change --                                                            
                   Joint w/(H) Transportation                                                       
                   Presentation by DOT/PF:                                                          
                   Alaska Marine Highway System                                                     
                                                                                                    
Mar 09             Thursday                                  Butrovich 205                   1:30 P
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 10             Friday                            Senate Finance 532                     9:00 AM
                   -- Location and Time Change --                                                   
                   Joint w/(S) Finance                                                              
                   Discussion Regarding Federal                                                     
                   Transportation Funding                                                           
                          ----------------------------------------                                 
                                                                                                    
                                    FINANCE SUBCOMMITTEES                                        
                                                                                                    
                             COMMERCE, COMMUNITY & ECONOMIC DEV                                  
                                                                                                    
Mar 07             Tuesday                                          Beltz 211               8:00 AM
                   Budget Detail                                                                    
                                                                                                    
Mar 14             Tuesday                                          Beltz 211               8:00 AM
                   Budget Detail                                                                    

2006-03-06                     Senate Journal                      Page 2388
 COMMERCE, COMMUNITY & ECONOMIC DEV (continued)                                                   
                                                                                                    
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                                    
                                                                                                    
Mar 08             Wednesday                         Senate Finance 532                      4:30 P
                   FY07 Operating Budget                                                            
                   Topic: Title I School Improvement Sites                                          
                   (Level 2 and above)                                                              
                   Other Education Issues                                                           
                          ----------------------------------------                                 
                                                                                                    
                                 ENVIRONMENTAL CONSERVATION                                      
                                                                                                    
Mar 09             Thursday                          Senate Finance 532                     8:00 AM
                   Agency Overview Follow-up                                                        
                          ----------------------------------------                                 
                                                                                                    
                                         FISH & GAME                                             
                                                                                                    
Mar 08             Wednesday                         Senate Finance 532                      1:30 P
                   "Funding Fish & Game Management: A Wise                                          
                   Investment in Alaska's Future"                                                   
                   Presentation by Commissioner McKie                                               
                   Campbell                                                                         
                          ----------------------------------------                                 
                                                                                                    
                                             LAW                                                 
                                                                                                    
Mar 09             Thursday                          Senate Finance 532                      2:30 P
                   -- Time Change --                                                                
                   Budget Overview: Dept of Law                                                     
                                                                                                    

2006-03-06                     Senate Journal                      Page 2389
                                       LAW (continued)                                           
                                                                                                    
Mar 16             Thursday                          Senate Finance 532                      4:30 P
                   Budget Detail                                                                    
                                                                                                    
Mar 23             Thursday                          Senate Finance 532                      4:30 P
                   Budget Detail                                                                    
                                                                                                    
Mar 30             Thursday                          Senate Finance 532                      4:30 P
                   Budget Closeout                                                                  
                          ----------------------------------------                                 
                                                                                                    
                                           REVENUE                                               
                                                                                                    
Mar 09             Thursday                          Senate Finance 532                      1:30 P
                   Budget Overview: Dept of Revenue                                                 
                                                                                                    
Mar 16             Thursday                          Senate Finance 532                      1:30 P
                   Budget Detail                                                                    
                                                                                                    
Mar 23             Thursday                          Senate Finance 532                      1:30 P
                   Budget Detail                                                                    
                                                                                                    
Mar 30             Thursday                          Senate Finance 532                      1:30 P
                   Budget Closeout                                                                  
                          ----------------------------------------                                 
                                                                                                    
                                      JOINT COMMITTEES                                           
                                                                                                    
                                  ARMED SERVICES COMMITTEE                                       
                                                                                                    
Mar 07             Tuesday                           Senate Finance 532                      3:30 P
                   Presentation - AK Aviation Safety Project                                        
                   Address by Major General Craig Campbell,                                         
                   Mr. Jim Harpring, and Mr. Frank McQueary                                         
                          ----------------------------------------                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-03-06                     Senate Journal                      Page 2390
                                       OTHER MEETINGS                                            
                                                                                                    
                                        JOINT SESSION                                            
                                                                                                    
Mar 22             Wednesday                             House Chamber                    11:00 AM 
                   Address by the Honorable                                                         
                   Ted Stevens, U.S. Senator