Legislature(2005 - 2006)
2006-03-20 Senate Journal
Full Journal pdf2006-03-20 Senate Journal Page 2517 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Monday March 20, 2006 Seventy-first Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:08 a.m. The roll showed seventeen members present. Senators French, Olson, Therriault were absent. The prayer was offered by the Chaplain, Father Tony Dummer of St. Paul's Catholic Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. You who are Lord and Creator of Space and Time yet who lives beyond them, we praise You and honor You for the gift of minutes, hours, days and years. Each second of life that You give is precious and profound. We pause now so as not to take these gifts for granted… so that we may remember in a real way that all time is holy, a gift which calls forth songs of gratitude from all our hearts. We pause to gratefully remember those elected officials of ages past who call us to measure time in a special way. 2006-03-20 Senate Journal Page 2518 We also call to mind: the poor, greatly affected by snow and rain for days and nights our families, waiting with great patience. We call to mind those persons today who call us to take time for work and for play to make time for love and praise to create time for rest and the leisure necessary for creation, for these, we lift our hearts in thanks. We who live in the present recall the past so that by our remembrance we might more fittingly prepare for the future time. Blessed are You, Lord our God, who daily gifts us with time. (Thanks to Edward Hayes for parts of this prayer with 'TIME') Senator Dyson led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the sixty-eighth through seventieth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator French was noted. Messages from the House Message dated March 17 was read, stating the House passed and transmitted for consideration: 2006-03-20 Senate Journal Page 2519 First Reading and Reference of House Bills HB 338 CS FOR HOUSE BILL NO. 338(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to applications, qualifications, and criminal history and background checks for a certificate of fitness for explosives handlers; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. Introduction and Reference of Senate Bills SB 310 SENATE BILL NO. 310 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act relating to the employment of prisoners; and providing for an effective date." was read the first time and referred to the Finance Committee. Consideration of the Calendar Second Reading of Senate Bills SB 216 SENATE BILL NO. 216 "An Act relating to bail" was read the second time. The presence of Senator Therriault was noted. SB 216 Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 2332. 2006-03-20 Senate Journal Page 2520 Without objection, CS FOR SENATE BILL NO. 216(JUD) "An Act relating to bail and unlawful evasion; and providing for an effective date" was adopted. Senator Gary Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 216(JUD) was read the third time. Senators Dyson, Seekins, Wagoner, Gary Stevens, Cowdery, Bunde, Stedman moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 216(JUD) "An Act relating to bail and unlawful evasion; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 216(JUD) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Olson and so, CS FOR SENATE BILL NO. 216(JUD) passed the Senate. Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 249 SENATE BILL NO. 249 "An Act relating to criminal justice information" was read the second time. 2006-03-20 Senate Journal Page 2521 Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 2352. Without objection, CS FOR SENATE BILL NO. 249(JUD) was adopted. Senator Gary Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. Senator Dyson moved and asked unanimous consent to be shown as a cosponsor on the bill. Without objection, it was so ordered. CS FOR SENATE BILL NO. 249(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 249(JUD) "An Act relating to criminal justice information" pass the Senate?" The roll was taken with the following result: CSSB 249(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Olson and so, CS FOR SENATE BILL NO. 249(JUD) passed the Senate and was referred to the Secretary for engrossment. SB 273 SENATE BILL NO. 273 "An Act relating to a motor vehicle dealer's selling or offering to sell motor vehicles as new or current models or as new or current model motor vehicles having manufacturer's warranties" was read the second time. Senator Gary Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 2006-03-20 Senate Journal Page 2522 Senator Seekins moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Seekins was required to vote. SENATE BILL NO. 273 was read the third time. The question being: "Shall SENATE BILL NO. 273 "An Act relating to a motor vehicle dealer's selling or offering to sell motor vehicles as new or current models or as new or current model motor vehicles having manufacturer's warranties" pass the Senate?" The roll was taken with the following result: SB 273 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Olson and so, SENATE BILL NO. 273 passed the Senate and was referred to the Secretary for engrossment. SB 304 SENATE BILL NO. 304 "An Act relating to the privileges of airport parking shuttles and to fees or charges imposed on a person who is not a lessee or holder of a privilege to use the property or a facility of an airport" was read the second time. Senator Gary Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 304 was read the third time. The question being: "Shall SENATE BILL NO. 304 "An Act relating to the privileges of airport parking shuttles and to fees or charges imposed on a person who is not a lessee or holder of a privilege to use the property or a facility of an airport" pass the Senate?" The roll was taken with the following result: 2006-03-20 Senate Journal Page 2523 SB 304 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Olson and so, SENATE BILL NO. 304 passed the Senate and was referred to the Secretary for engrossment. Third Reading of House Bills HB 251 SENATE CS FOR CS FOR HOUSE BILL NO. 251(RES) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 251(RES) "An Act authorizing the Board of Fisheries to adopt regulations regarding fishing by a person who holds two entry permits for a salmon fishery" pass the Senate?" The roll was taken with the following result: SCS CSHB 251(RES) Third Reading - Final Passage YEAS: 17 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Guess, Hoffman Absent: Olson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 251(RES) passed the Senate. Senator Ellis gave notice of reconsideration. 2006-03-20 Senate Journal Page 2524 Announcements Announcements are at the end of the journal. Engrossment SB 216 CS FOR SENATE BILL NO. 216(JUD) "An Act relating to bail and unlawful evasion; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 249 CS FOR SENATE BILL NO. 249(JUD) "An Act relating to criminal justice information" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 273 SENATE BILL NO. 273 "An Act relating to a motor vehicle dealer's selling or offering to sell motor vehicles as new or current models or as new or current model motor vehicles having manufacturer's warranties" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 304 SENATE BILL NO. 304 "An Act relating to the privileges of airport parking shuttles and to fees or charges imposed on a person who is not a lessee or holder of a privilege to use the property or a facility of an airport" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., March 22, 2006. Without objection, the Senate adjourned at 11:45 a.m. Kirsten Waid Secretary of the Senate March 2006 2006-03-20 Senate Journal Page 2525 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 20 Monday Beltz 211 1:30 PM No Meeting Scheduled Mar 22 Wednesday Beltz 211 1:30 PM += SB 248 ADMINISTRATIVE BOROUGHS/BOROUGH GRANTS/ Mar 24 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 20 Monday Senate Finance 532 9:00 AM + SB 206 DETENTION OF MATERIAL WITNESSES + SB 289 INSURANCE + Bills Previously Heard/Scheduled Mar 21 Tuesday Senate Finance 532 9:00 AM + SB 261 REGULATION OF HWYS; TRAFFIC OFFENSES + SB 271 AUTHORIZE HWY PROGRAM PARTICIPATION + SB 308 ALASKA RAILROAD REVENUE BONDS + Bills Previously Heard/Scheduled Mar 22 Wednesday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled 2006-03-20 Senate Journal Page 2526 FINANCE (continued) Mar 23 Thursday Senate Finance 532 9:00 AM + SB 222 PROTECTION OF PERSONAL INFORMATION + SB 284 SENTENCING FOR ALCOHOL-RELATED CRIMES + HB 274 PUBLIC ACCOUNTANTS + Bills Previously Heard/Scheduled Mar 24 Friday Senate Finance 532 9:00 AM + SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled Mar 25 Saturday Senate Finance 532 10:00 AM += SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 20 Monday Butrovich 205 1:30 PM -- Meeting Canceled -- + Bills Previously Heard/Scheduled Mar 22 Wednesday Butrovich 205 1:30 PM + Confirmation Hearings: Board of Marital & Family Therapy State Medical Board Alaska Mental Health Trust Authority Board of Trustees Board of Certified Direct-Entry Midwives Board of Nursing Board of Examiners in Optometry State Physical Therapy and Occupational Therapy Board Occupational Safety and Health Review Board Professional Teaching Practices Commission Board of Dental Examiners Board of Psychologists and Psychological Associate Examiners Board of Social Work Examiners 2006-03-20 Senate Journal Page 2527 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Mar 24 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 20 Monday Butrovich 205 8:30 AM No Meeting Scheduled Mar 21 Tuesday Butrovich 205 8:30 AM += HB 318 LIMITATION ON EMINENT DOMAIN + SB 189 REQUIREMENTS FOR DRIVER'S LICENSE/I.D. Mar 22 Wednesday Butrovich 205 8:30 AM + HB 379 CONTROLLED SUBSTANCES, INCL. ANALOGS + HB 408 DEFINITION OF CHILD ABUSE AND NEGLECT <Pending Referral> + Bills Previously Heard/Scheduled Mar 23 Thursday Butrovich 205 8:30 AM + HB 272 CARD ROOMS & OPERATIONS + Bills Previously Heard/Scheduled Mar 24 Friday Butrovich 205 8:30 AM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 21 Tuesday Senate Finance 532 1:30 PM -- Location Change -- + Industry Net Return to General Fund - Presentation by Department of Commerce, Community, and Economic Development and Department of Revenue <Teleconference Listen Only> Bills Previously Heard/Scheduled Including But Not Limited to: 2006-03-20 Senate Journal Page 2528 LABOR & COMMERCE (continued) Mar 23 Thursday Senate Finance 532 2:30 PM -- Location and Time Change -- + Premera Blue Cross: Overview of State Insurance Contract Award Process -- Teleconference <Listen Only> -- Bills Previously Heard/Scheduled Including But Not Limited to: ---------------------------------------- RESOURCES Mar 20 Monday Butrovich 205 3:30 PM = SB 305 OIL AND GAS PRODUCTION TAX Mar 21 Tuesday Butrovich 205 3:30 PM = SB 305 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Mar 22 Wednesday Butrovich 205 3:30 PM = SB 305 OIL AND GAS PRODUCTION TAX -- Testimony <Invitation Only> -- Mar 24 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Mar 21 Tuesday Butrovich 205 3:30 PM + HB 489 APOC/LEG ETHICS EXEMPTION: CHARITY EVENTS Uniform Rule 23 Waived Mar 23 Thursday Butrovich 205 3:30 PM + SCR 21 VIETNAM WAR MEMORIAL:MOVING WALL + Bills Previously Heard/Scheduled ---------------------------------------- 2006-03-20 Senate Journal Page 2529 TRANSPORTATION Mar 21 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 23 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 21 Tuesday Butrovich 205 1:30 PM -- Rescheduled to 03/23/06 -- + FY07 Operating Budget Mar 23 Thursday Beltz 211 7:30 AM + FY07 Operating Budget ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Mar 21 Tuesday Beltz 211 8:00 AM -- Meeting Canceled -- Budget Detail Mar 28 Tuesday Beltz 211 8:00 AM Budget Detail Apr 04 Tuesday Beltz 211 8:00 AM Budget Closeout ---------------------------------------- CORRECTIONS Mar 28 Tuesday Fahrenkamp 203 4:30 PM Closeout ---------------------------------------- 2006-03-20 Senate Journal Page 2530 COURT SYSTEM Mar 28 Tuesday Fahrenkamp 203 4:00 PM Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 22 Wednesday Senate Finance 532 4:30 PM FY07 Operating Budget Continued Discussion ---------------------------------------- FISH & GAME Mar 22 Wednesday Senate Finance 532 1:30 PM FY 07 Budget Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 23 Thursday Fahrenkamp 203 4:00 PM Budget Review Mar 30 Thursday Fahrenkamp 203 4:30 PM Closeout ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 23 Thursday Fahrenkamp 203 8:00 AM FY 07 Budget Closeout ---------------------------------------- LAW Mar 23 Thursday Senate Finance 532 4:30 PM Budget Detail Mar 30 Thursday Senate Finance 532 4:30 PM Budget Closeout 2006-03-20 Senate Journal Page 2531 NATURAL RESOURCES Mar 21 Tuesday Senate Finance 532 8:00 AM FY 07 Budget Closeout ---------------------------------------- PUBLIC SAFETY Mar 23 Thursday Butrovich 205 12:00 PM + FY07 Operating Budget ---------------------------------------- REVENUE Mar 23 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 30 Thursday Senate Finance 532 1:30 PM Budget Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 21 Tuesday Fahrenkamp 203 4:00 PM Budget Review Mar 30 Thursday Fahrenkamp 203 4:00 PM Closeout ---------------------------------------- UNIVERSITY OF ALASKA Mar 22 Wednesday Senate Finance 532 9:00 AM FY 07 Operating Budget Detail ---------------------------------------- 2006-03-20 Senate Journal Page 2532 SPECIAL COMMITTEES COMMITTEE ON UNIVERSITY OVERSIGHT Mar 20 Monday Senate Finance 532 5:00 PM -- Teleconference <Listen Only> -- + Presentations by: National Center for Public Policy and Higher Education National Center on Higher Education Managements Systems Mar 21 Tuesday Senate Finance 532 5:00 PM -- Teleconference <Listen Only> -- + Presentations by: National Center for Public Policy and Higher Education Western Interstate Commission on Higher Education ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 29 Wednesday House Finance 519 5:00 PM Minutes Audit Requests Executive Session - Preliminary and Final Audits Other Business ---------------------------------------- LEGISLATIVE COUNCIL Mar 23 Thursday House Finance 519 5:00 PM Fairbanks Office Space RFP Lease Renewals Late Per Diem Request Ombudsman FY07 Budget Request Anchorage Office Space Lease 2006-03-20 Senate Journal Page 2533 LEGISLATIVE COUNCIL (continued) Mar 30 Thursday House Finance 519 5:00 PM FY05 Legislature Audit Alaska Statehood Celebration Commission Capitol Security ---------------------------------------- OTHER MEETINGS JOINT SESSION Mar 22 Wednesday House Chamber 11:00 AM Address by the Honorable Ted Stevens, U.S. Senator