Legislature(2005 - 2006)
2006-03-29 Senate Journal
Full Journal pdf2006-03-29 Senate Journal Page 2605 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday March 29, 2006 Eightieth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:11 a.m. The roll showed eighteen members present. Senators Stedman, Therriault were absent. The prayer was offered by the Chaplain, The Reverend Mark Boesser of the Episcopal Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. There's a New Testament story about James and John, two of Jesus' disciples, asking if they could sit one at his right hand and one at his left when he came into his kingdom. The record says the other disciples were angry at this, and some wit has commented "probably because they did not think of it first." Robert Raines, in a little book entitled "Creative Brooding" uses this event as the launch for a personalized prayer which calls me up short but helps me too. Whatever your faith, I hope you will listen between the words and use only what rings true for you: "I am like James and John, Lord. I size up other people in terms of what they can do for me; how they can further my program, feed my ego, satisfy my needs, give me strategic advantage. 2006-03-29 Senate Journal Page 2606 I exploit people, ostensibly for Your sake, but really for my own sake. Lord, I turn to You to get the inside track and obtain special favors, Your direction for my schemes, Your power for my projects, Your sanction for my ambitions, Your blank check for whatever I want. I am like James and John. Change me; Lord. Make me a person who asks of You and of others, What can I do for you?" Amen. Senator Green led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the seventy-eighth and seventy-ninth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Stedman, Therriault was noted. Messages from the Governor SCR 25 Message dated March 28 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: SENATE CONCURRENT RESOLUTION NO. 25 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 489, relating to the 2006-03-29 Senate Journal Page 2607 treatment of charity events by the Alaska Public Offices Commission and under the law governing legislative ethics. Legislative Resolve No. 31 Messages from the House HB 251 Message dated March 28 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 251(RES), thus adopting: 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." Concur Messages SB 232 Message dated March 27 and received at 8:01 a.m., March 28 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 232(FIN) "An Act making appropriations, supplemental appropriations, and capital appropriations; amending appropriations and funding sources; making appropriations to capitalize funds; and providing for an effective date" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) am H President Stevens stated the concur message will be held on the Secretary's desk. Communications The following reports are on file in the Office of the Secretary of the Senate: 2006-03-29 Senate Journal Page 2608 2004 Annual Report of Alaska Comprehensive Health Insurance Association from Jeffrey Davis, Chair, and Cecil Bykerk, Executive Director in accordance with AS 21.55.020 Matrix of Ombudsman Investigations dated February 28, 2006 from Linda Lord-Jenkins, Alaska Ombudsman in accordance with AS 24.55.230 available at: www.state.ak.us/ombud/o-files.htm Standing Committee Reports Report dated March 28 was read, stating: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee reviewed the following and recommends these appointments be forwarded to a joint session for consideration: Board of Barbers and Hairdressers Cody Downs Charlette Lushin Alice B. Massie Board of Certified Real Estate Appraisers William A. Larick Alaska Workers' Compensation Board Robert S. Morigeau Debra G. Norum Jeffrey P. Pruss H. Bardie Scarbrough Damian J. Thomas Robert C. Weel Labor Relations Agency Dennis S. Niedermeyer 2006-03-29 Senate Journal Page 2609 Board of Marine Pilots Les (Leslie) A. Cronk Personnel Board Alfred L. Tamagni, Sr. This does not reflect intent by any of the members to vote for or against the individuals during any future sessions. Signing the report: Senator Bunde, Chair, Senator Seekins, Vice Chair; Senators Ellis, Davis. SB 289 The Finance Committee considered SENATE BILL NO. 289 "An Act relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to suitability of life and health insurance policies and annuity contracts, to unfair discrimination under a health insurance policy, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to direct payment to providers under a health insurance policy, to mental health benefits under a health care insurance plan, to the definitions of 'title insurance limited producer' and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small Employer Health Reinsurance Association; making conforming amendments; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 289(FIN) "An Act relating to the payment of insurer examination expenses, to the regulation of managed care insurance plans, to actuarial opinions and supporting documentation for an insurer, to insurance firms, managing general agents, and third-party administrators, to eligibility of surplus lines insurers, to prompt payment of health care insurance claims, to required notice by an insurer, to individual deferred annuities, to mental health benefits under a health care insurance plan, to the definitions of 'title insurance limited 2006-03-29 Senate Journal Page 2610 producer' and of other terms used in the title regulating the practice of the business of insurance, and to small employer health insurance; repealing the Small Employer Health Reinsurance Association; making conforming amendments; and providing for an effective date." Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde, Dyson, Stedman. Signing no recommendation: Senators Hoffman, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. SB 300 The Labor and Commerce Committee considered SENATE BILL NO. 300 "An Act relating to the handling of negative equity in motor vehicle transactions" and recommended it be replaced with CS FOR SENATE BILL NO. 300(L&C) "An Act relating to the handling of negative equity in motor vehicle transactions; and relating to the contents of retail installment contracts." Signing do pass: Senator Bunde, Chair; Senators Davis, Ellis, Seekins. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 343 The Judiciary Committee considered CS FOR HOUSE BILL NO. 343(JUD) am "An Act creating the crimes of harassment in the first and second degree, amending the crime of stalking, and adding a definition of 'medical professional' to the assault and harassment statutes." Signing do pass: Senator Seekins, Chair; Senators French, Guess, Therriault, Huggins. 2006-03-29 Senate Journal Page 2611 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Corrections Fiscal Note No. 2, zero, Department of Public Safety Fiscal Note No. 3, zero, Department of Administration Fiscal Note No. 4, zero, Department of Administration Fiscal Note No. 5, zero, Alaska Court System Fiscal Note No. 6, zero, Department of Law The bill was referred to the Finance Committee. HJR 31 The Health, Education and Social Services Committee considered HOUSE JOINT RESOLUTION NO. 31 Relating to designating September 9, 2006, as Fetal Alcohol Spectrum Disorders Awareness Day, and recommended it be replaced with SENATE CS FOR HOUSE JOINT RESOLUTION NO. 31(HES) Signing do pass: Senator Dyson, Chair; Senators Elton, Olson, Wilken, Green. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Health, Education and Social Services Committee The resolution was referred to the Rules Committee. HCR 5 The Health, Education and Social Services Committee considered HOUSE CONCURRENT RESOLUTION NO. 5 Relating to support of community water fluoridation, and recommended it be replaced with SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(HES) Signing do pass: Senator Dyson, Chair; Senators Elton, Wilken. Signing no recommendation: Senators Green, Olson. 2006-03-29 Senate Journal Page 2612 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Environmental Conservation Fiscal Note No. 2, zero, Department of Environmental Conservation The resolution was referred to the Rules Committee. Consideration of the Calendar Citations th Honoring - 20 Anniversary for the Z. J. Loussac Library Representative(s) Gardner Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Ann T. McNellis Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Therriault, Wagoner, Wilken Representative(s) Seaton 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. Senator Gary Stevens moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Alaska Committee for Employer Support of the Guard and Reserve (ESGR) Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Gary Stevens, Therriault, Wagoner, Wilken 2006-03-29 Senate Journal Page 2613 In Memoriam - Charles "Chuck" Dart Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Salmon In Memoriam - Richard Victor Nelson Senator(s) Cowdery, Ben Stevens, Bunde, Davis, Dyson, Ellis, Elton, 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 Wagoner moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, March 30 to morning plane time, April 3. Without objection, Senator Wagoner was excused. Announcements SB 305 Senator Wagoner, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived on SENATE BILL NO. 305 "An Act repealing the oil production tax and gas production tax and providing for a production tax on the net value of oil and gas; relating to the relationship of the production tax to other taxes; relating to the dates tax payments and surcharges are due under AS 43.55; relating to interest on overpayments under AS 43.55; relating to the treatment of oil and gas production tax in a producer's settlement with the royalty owner; relating to flared gas, and to oil and gas used in the operation of a lease or property, under AS 43.55; relating to the prevailing value of oil or gas under AS 43.55; providing for tax credits against the tax due under AS 43.55 for certain expenditures, losses, and surcharges; relating to statements or other information required to be filed with or 2006-03-29 Senate Journal Page 2614 furnished to the Department of Revenue, and relating to the penalty for failure to file certain reports, under AS 43.55; relating to the powers of the Department of Revenue, and to the disclosure of certain information required to be furnished to the Department of Revenue, under AS 43.55; relating to criminal penalties for violating conditions governing access to and use of confidential information relating to the oil and gas production tax; relating to the deposit of money collected by the Department of Revenue under AS 43.55; relating to the calculation of the gross value at the point of production of oil or gas; relating to the determination of the net value of taxable oil and gas for purposes of a production tax on the net value of oil and gas; relating to the definitions of 'gas,' 'oil,' and certain other terms for purposes of AS 43.55; making conforming amendments; and providing for an effective date" for a Resources Committee meeting at 3:00 p.m. today. Without objection, it was so ordered. Announcements are at the end of the journal. Enrollment SCR 25 SENATE CONCURRENT RESOLUTION NO. 25 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 489, relating to the treatment of charity events by the Alaska Public Offices Commission and under the law governing legislative ethics, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:50 a.m., March 28, 2006. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 30, 2006. Without objection, the Senate adjourned at 11:32 a.m. Kirsten Waid Secretary of the Senate March 2006 2006-03-29 Senate Journal Page 2615 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 29 Wednesday Beltz 211 1:30 PM += SB 248 ADMINISTRATIVE BOROUGHS/BOROUGH GRANTS/ Mar 31 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 29 Wednesday Senate Finance 532 9:00 AM += SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> += SB 289 INSURANCE + Bills Previously Heard/Scheduled Mar 30 Thursday Senate Finance 532 9:00 AM -- Meeting Canceled -- += SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled Mar 31 Friday Senate Finance 532 9:00 AM += SB 305 OIL AND GAS PRODUCTION TAX <Pending Referral> + Bills Previously Heard/Scheduled 2006-03-29 Senate Journal Page 2616 FINANCE (continued) Apr 01 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 29 Wednesday Butrovich 205 2:00 PM -- Time Change -- + Overview Update: Avian Flu Department of Environmental Conservation Department of Fish and Game Department of Health and Social Services + Overview: Personal Care Attendant Program Department of Health & Social Services + Bills Previously Heard/Scheduled Mar 31 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 29 Wednesday Butrovich 205 8:30 AM + HB 343 HARASSMENT/ASSAULT/STALKING += HB 272 CARD ROOMS & OPERATIONS + Bills Previously Heard/Scheduled Mar 30 Thursday Butrovich 205 8:30 AM += HB 318 LIMITATION ON EMINENT DOMAIN += HB 408 DEFINITION OF CHILD ABUSE AND NEGLECT + Bills Previously Heard/Scheduled Mar 31 Friday Butrovich 205 8:30 AM No Meeting Scheduled ---------------------------------------- 2006-03-29 Senate Journal Page 2617 LABOR & COMMERCE Mar 30 Thursday Beltz 211 1:30 PM + Bills Previously Heard/Scheduled Including But Not Limited to: += SB 241 JOINT INSURANCE ARRANGEMENTS += SB 307 LANDLORD REMEDIES; LATE FEE += SB 309 CONSTR. TRAINING GRANT;UNEMPLOYMENT COMP. <Above Bill Hearing Postponed> += SB 272 MORTGAGE LENDING ---------------------------------------- RESOURCES Mar 29 Wednesday Butrovich 205 3:00 PM Uniform Rule 23 Waived -- Time Change -- -- Continued from 03/27/06 -- += SB 305 OIL AND GAS PRODUCTION TAX Mar 31 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Mar 30 Thursday Butrovich 205 3:30 PM + HB 245 VETERANS' VEHICLE PLATES/FEES/TAXES Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 30 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 31 Friday Beltz 211 7:30 AM + Closeout 2006-03-29 Senate Journal Page 2618 COMMERCE, COMMUNITY & ECONOMIC DEV Apr 04 Tuesday Beltz 211 8:00 AM -- Meeting Canceled -- Budget Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 29 Wednesday Senate Finance 532 4:30 PM FY07 Operating Budget Closeout ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 29 Wednesday Senate Finance 532 7:45 AM Budget Closeout ---------------------------------------- FISH & GAME Mar 29 Wednesday Senate Finance 532 1:30 PM -- Rescheduled from 03/22/06 -- FY 07 Budget Closeout ---------------------------------------- GOVERNOR Mar 29 Wednesday Senate Finance 532 4:00 PM -- Rescheduled to 03/30/06 -- Budget Closeout Mar 30 Thursday Senate Finance 532 10:30 AM Budget Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 30 Thursday Fahrenkamp 203 4:30 PM Closeout ---------------------------------------- 2006-03-29 Senate Journal Page 2619 LAW Mar 30 Thursday Senate Finance 532 4:30 PM + Budget Closeout ---------------------------------------- LEGISLATURE Mar 29 Wednesday Senate Finance 532 3:30 PM -- Rescheduled to 03/30/06 -- Budget Closeout Mar 30 Thursday Senate Finance 532 10:00 AM Budget Closeout ---------------------------------------- MILITARY AND VETERANS AFFAIRS Mar 30 Thursday Beltz 211 5:30 PM + Closeout ---------------------------------------- PUBLIC SAFETY Mar 29 Wednesday Beltz 211 12:00 PM + Closeout ---------------------------------------- REVENUE Mar 30 Thursday Senate Finance 532 1:30 PM + Budget Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 30 Thursday Fahrenkamp 203 4:00 PM Closeout ---------------------------------------- 2006-03-29 Senate Journal Page 2620 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 29 Wednesday House Finance 519 5:00 PM -- Meeting Canceled -- Minutes Audit Requests Executive Session - Preliminary and Final Audits Other Business Apr 04 Tuesday House Finance 519 5:30 PM Audit Requests Executive Session - Preliminary and Final Audits Other Business ---------------------------------------- LEGISLATIVE COUNCIL Mar 30 Thursday House Finance 519 5:00 PM FY05 Legislature Audit Alaska Statehood Celebration Commission Capitol Security ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Mar 29 Wednesday Butrovich 205 12:00 PM "Prevention - Whole Body Health" A light lunch will be served.