Legislature(2005 - 2006)
2006-04-12 Senate Journal
Full Journal pdf2006-04-12 Senate Journal Page 2735 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE SECOND SESSION Juneau, Alaska Wednesday April 12, 2006 Ninety-fourth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:13 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Gary Waterhouse of the Juneau and Sitka Seventh-Day Adventist Churches. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, we pray for these men and women here today who have been elected to represent the people of Alaska. Thank You for their willingness to serve in this capacity. Give them convictions to carry out their job and an inner peace with their decisions, as well as the ability to think clearly. Also we pray for wisdom and insight as they consider crucial legislation. May they place principle before expediency. In their busy schedule may they have time to pause for a time of silent prayer. And sometime in this day give to them an opportunity to clear out the cobwebs by just stepping outside and filling their lungs with our good, fresh, Alaska air. We pray for good health and strength. Keep them safe from every menace. These things we ask in Thy name, Amen. 2006-04-12 Senate Journal Page 2736 Senator Stedman led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the ninety-second and ninety-third legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Messages dated April 10 and April 11 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 150 CS FOR HOUSE BILL NO. 150(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act requiring licensure of occupations relating to radiologic technology, radiation therapy, and nuclear medicine technology; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. HB 389 HOUSE BILL NO. 389 BY REPRESENTATIVE COGHILL, entitled: "An Act relating to tourist accommodations permits and to penalties for failing to comply with permitting requirements; removing a requirement that persons operating tourist accommodations post certain laws and regulations on the premises; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee. 2006-04-12 Senate Journal Page 2737 HB 415 CS FOR HOUSE BILL NO. 415(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to landowners' immunity for allowing use of land without charge for a recreational activity; relating to landowners' liability where landowner conduct involves gross negligence or reckless or intentional misconduct; relating to claims of adverse possession and prescriptive easements, or similar claims; and providing for an effective date." was read the first time and referred to the Resources and Judiciary Committees. HB 420 CS FOR HOUSE BILL NO. 420(FSH) BY THE HOUSE SPECIAL COMMITTEE ON FISHERIES, entitled: "An Act relating to riparian protection standards for forest resources and practices; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 442 CS FOR HOUSE BILL NO. 442(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the validity of advance health care directives, individual health care instructions, and do not resuscitate orders; relating to the revocation of advance health care directives; relating to do not resuscitate orders; relating to resuscitative measures; relating to the liability and discipline of health care providers, institutions, and facilities; relating to proceedings for judicial relief; relating to an individual's capacity for making health care decisions; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. 2006-04-12 Senate Journal Page 2738 HB 446 CS FOR HOUSE BILL NO. 446(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the amount of a civil penalty for an unlawful act or practice in the conduct of trade or commerce; and eliminating mandatory continuances in these matters after issuance of an injunction." was read the first time and referred to the Judiciary and Finance Committees. Concur Messages SB 210 Message dated April 10 was read, stating the House passed and returned for consideration SENATE BILL NO. 210 "An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws" with the following amendment: SENATE BILL NO. 210 am H Senator Gary Stevens moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: SB 210 am H Shall the Senate Concur in the House Amendment to SB 210? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken 2006-04-12 Senate Journal Page 2739 and so, the Senate concurred in the House amendment, thus adopting SENATE BILL NO. 210 am H "An Act relating to the manufacture and transportation of alcoholic beverages; relating to forfeitures of property for violations of alcoholic beverage laws; and relating to violations of alcoholic beverage laws." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Communications The following report is on file in the Office of the Secretary of the Senate: Notification of availability of: 2006 Five Year Oil and Gas Leasing Program from Marie Gaguzis, Division of Oil and Gas Department of Natural Resources in accordance with AS 38.05.180(b) available at: www.dog.dnr.state.ak.us/oil/products/publications/ otherreports/5year06/5yr_program.pdf Standing Committee Reports Report dated April 11 was read, stating: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee reviewed the following and recommends this appointment be forwarded to a joint session for consideration: Board of Chiropractic Examiners Jeffrey A. Garness - Anchorage This does not reflect intent by any of the members to vote for or against the individual during any future sessions. Signing the report: Senator Bunde, Chair, Senator Seekins, Vice Chair; Senators Ben Stevens, Ellis, Davis. 2006-04-12 Senate Journal Page 2740 Reports dated April 10 were read, stating: In accordance with AS 39.05.080, the Senate Resources Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Board of Fisheries Bonnie Williams - Fairbanks Board of Game Cliff Judkins - Wasilla Richard A. Burley - Fairbanks Paul Johnson - Unalakleet Big Game Commercial Services Board Ralph Andersen - Dillingham Roy Ashenfelter - Nome Colin B. Brown - Galena Paul E. Johnson - Elfin Cove Robert D. Mumford - Anchorage Richard A. Rohrer - Kodiak Betty Jo (BJ) Schmitz - North Pole Ted H. Spraker - Soldotna Leif Wilson - Tok There were no stated objections to the confirmation of the named individuals by committee members. This does not reflect any intent by any of the members to vote for or against the individuals during any further sessions. Signing the reports: Senator Wagoner, Chair, Senator Seekins, Vice Chair; Senators Dyson, Elton, Stedman. SB 134 The Judiciary Committee considered SENATE BILL NO. 134 "An Act relating to arrest; relating to investigation standards for police officers conducting criminal investigations and violations of those standards" and recommended it be replaced with 2006-04-12 Senate Journal Page 2741 CS FOR SENATE BILL NO. 134(JUD) "An Act relating to a pilot project to review and investigate certain complaints from victims of sexual assault in the first degree or sexual abuse of a minor in the first degree concerning actions of justice agencies." Signing do pass: Senator Seekins, Chair; Senators French, Therriault, Huggins, Guess. The following fiscal information was published today: Fiscal Note No. 5, zero, Department of Law Fiscal Note No. 6, zero, Department of Public Safety Fiscal Note No. 7, zero, Department of Administration The bill was referred to the Finance Committee. SB 234 The State Affairs Committee considered SENATE BILL NO. 234 "An Act relating to a community dividend program; and providing for an effective date." Signing no recommendation: Senator Therriault, Chair; Senator Elton. Signing amend: Senators Huggins, Davis. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Revenue Fiscal Note No. 2, Department of Commerce, Community and Economic Development The bill was referred to the Finance Committee. SB 235 The Finance Committee considered SENATE BILL NO. 235 "An Act relating to a public school performance incentive program; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 235(FIN) Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde, Dyson, Stedman. Signing no recommendation: Senators Hoffman, Olson. 2006-04-12 Senate Journal Page 2742 The following fiscal information was published today: Fiscal Note No. 2, Department of Education and Early Development The bill was referred to the Rules Committee. SB 309 The Labor and Commerce Committee considered SENATE BILL NO. 309 "An Act establishing a construction trades training grant program for award by the Department of Labor and Workforce Development, providing for special employee unemployment contributions to fund the program and an offsetting credit against the employees' general unemployment contribution, and providing for an expiration date for the program, contributions, and credit; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 309(L&C) Signing do pass: Senator Bunde, Chair; Senators Davis, Ellis, Seekins, Ben Stevens. The following fiscal information was published today: Fiscal Note No. 1, Department of Labor and Workforce Development Fiscal Note No. 2, Department of Labor and Workforce Development The bill was referred to the Finance Committee. HB 318 The Judiciary Committee considered CS FOR HOUSE BILL NO. 318(FIN) am "An Act limiting the exercise of eminent domain" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 318(JUD) Signing no recommendation: Senator Seekins, Chair; Senators French, Therriault. Signing amend: Senators Guess, Huggins. 2006-04-12 Senate Journal Page 2743 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 2, zero, Department of Environmental Conservation Fiscal Note No. 3, indeterminate, Department of Law Fiscal Note No. 4, indeterminate, Department of Natural Resources Fiscal Note No. 5, indeterminate, Department of Transportation and Public Facilities The bill was referred to the Finance Committee. HB 365 The Finance Committee considered CS FOR HOUSE BILL NO. 365(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations for state aid to public schools, centralized correspondence study, and transportation of pupils; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 365(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations for state aid to public schools, centralized correspondence study, and transportation of pupils; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde, Dyson, Stedman. Signing no recommendation: Senators Hoffman, Olson. The bill was referred to the Rules Committee. 2006-04-12 Senate Journal Page 2744 HB 366 The Finance Committee considered CS FOR HOUSE BILL NO. 366(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 366(FIN) Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde, Dyson, Stedman. Signing no recommendation: Senators Hoffman, Olson. The bill was referred to the Rules Committee. HB 395 The Community and Regional Affairs Committee considered CS FOR HOUSE BILL NO. 395(FIN) "An Act relating to the period of the fire season; and providing for an effective date." Signing do pass: Senator Stedman, Chair; Senators Wagoner, Gary Stevens, Kookesh. The following previously published fiscal information applies: Fiscal Note No. 2, zero, House Finance Committee The bill was referred to the Resources Committee. HB 441 The Judiciary Committee considered CS FOR HOUSE BILL NO. 441(FIN) "An Act relating to operating or driving a motor vehicle, aircraft, or watercraft while under the influence; relating to court- ordered treatment programs for certain offenders and offenses; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 441(JUD) "An Act relating to suspending imposition of sentence and to therapeutic treatment programs; and providing for an effective date." (Title change SCR forthcoming) 2006-04-12 Senate Journal Page 2745 Signing do pass: Senator Seekins, Chair; Senator Huggins. Signing no recommendation: Senators French, Guess. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Alaska Court System Fiscal Note No. 3, zero, Department of Law Fiscal Note No. 4, zero, Department of Administration Fiscal Note No. 5, zero, Department of Corrections Fiscal Note No. 6, zero, Department of Health and Social Services Fiscal Note No. 7, zero, Department of Public Safety The bill was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 314 SENATE BILL NO. 314 BY THE SENATE JUDICIARY COMMITTEE, entitled: "An Act limiting retroactive adjustments in the sale price of state royalty oil sold by the state to a refiner." was read the first time and referred to the Resources and Finance Committees. SB 315 SENATE BILL NO. 315 BY THE SENATE RULES COMMITTEE, entitled: "An Act relating to the disposition of unredeemed property; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. Consideration of the Calendar Third Reading of Senate Bills SB 206 CS FOR SENATE BILL NO. 206(FIN) "An Act relating to contempt of court and to temporary detention and identification of persons" was read the third time. 2006-04-12 Senate Journal Page 2746 Senator French moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator French offered Amendment No. 1 : Page 3, line 16: Delete "photographs or" Senator French moved for the adoption of Amendment No. 1. Senator Bunde objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 206(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Hoffman, Kookesh, Olson Nays: Bunde, Cowdery, Dyson, Green, Guess, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, Amendment No. 1 failed. CS FOR SENATE BILL NO. 206(FIN) was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 206(FIN) "An Act relating to contempt of court and to temporary detention and identification of persons" pass the Senate?" The roll was taken with the following result: CSSB 206(FIN) Third Reading - Final Passage YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Guess, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Elton, Hoffman, Kookesh 2006-04-12 Senate Journal Page 2747 and so, CS FOR SENATE BILL NO. 206(FIN) passed the Senate and was referred to the Secretary for engrossment. SB 289 CS FOR SENATE BILL NO. 289(FIN) was read the third time. The question being: "Shall 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 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" pass the Senate?" The roll was taken with the following result: CSSB 289(FIN) Third Reading - Final Passage Effective Dates YEAS: 17 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Guess Absent: Olson, Stedman and so, CS FOR SENATE BILL NO. 289(FIN) 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 clauses. Without objection, it was so ordered. Senator Guess gave notice of reconsideration. 2006-04-12 Senate Journal Page 2748 Citations 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 - Earl Wesley Davis Senator(s) Bunde, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - The 2005-06 Palmer High School Boys' Varsity Basketball Team Representative(s) Kohring Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Richard "Rich" Charles Strick, Jr. 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 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 Cowdery moved and asked unanimous consent to be excused from a call of the Senate from April 13 to plane time, April 17. Without objection, Senator Cowdery was excused. Senator Olson moved and asked unanimous consent to be excused from a call of the Senate on April 13. Without objection, Senator Olson was excused. 2006-04-12 Senate Journal Page 2749 Senator Stedman moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time, April 13 to morning plane time, April 18. Without objection, Senator Stedman was excused. Announcements Announcements are at the end of the journal. Engrossment SB 206 CS FOR SENATE BILL NO. 206(FIN) "An Act relating to contempt of court and to temporary detention and identification of persons" 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 10:00 a.m., April 13, 2006. Without objection, the Senate adjourned at 12:07 p.m. Kirsten Waid Secretary of the Senate April 2006 2006-04-12 Senate Journal Page 2750 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 Apr 12 Wednesday Beltz 211 1:30 PM -- Meeting Canceled -- + Bills Previously Heard/Scheduled Apr 14 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Apr 12 Wednesday Senate Finance 532 8:00 AM -- Time Change -- -- Agenda Change -- += SB 305 OIL AND GAS PRODUCTION TAX <Above Item Removed from Agenda> += SB 243 TOBACCO REV. FOR UNIV. & CORR. FACILITIES Uniform Rule 23 Waived Presentation by Bond Raters Regarding Tobacco Bond Issuance + SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS ALMR Statewide Information Technology Request Governor's Priority Projects + Bills Previously Heard/Scheduled Apr 12 Wednesday Senate Finance 532 1:00 PM -- Recessed to 8:00 am 04/13/06 -- -- Time Change -- += SB 305 OIL AND GAS PRODUCTION TAX + Bills Previously Heard/Scheduled 2006-04-12 Senate Journal Page 2751 FINANCE (continued) Apr 13 Thursday Senate Finance 532 8:00 AM -- Continued from 04/12/06 -- = SB 305 OIL AND GAS PRODUCTION TAX Bills Previously Heard/Scheduled Apr 13 Thursday Senate Finance 532 1:00 PM No Meeting Scheduled Apr 14 Friday Senate Finance 532 1:00 PM No Meeting Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 12 Wednesday Butrovich 205 2:45 PM -- Time Change -- + SB 313 SALVIA DIVINORUM AS CONTROLLED SUBSTANCE += SB 48 PSYCH. EVALUATION/TREATMENT FOR STUDENTS + Bills Previously Heard/Scheduled Apr 14 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Apr 12 Wednesday Butrovich 205 8:30 AM += HB 318 LIMITATION ON EMINENT DOMAIN += SB 134 POLICE INVESTIGATION STANDARDS/ARRESTS + HB 441 THERAPEUTIC COURT FOR DUI Apr 13 Thursday Butrovich 205 8:30 AM -- Meeting Canceled -- + Bills Previously Heard/Scheduled Apr 14 Friday Butrovich 205 8:30 AM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Apr 13 Thursday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- 2006-04-12 Senate Journal Page 2752 RESOURCES Apr 12 Wednesday Butrovich 205 3:30 PM += SB 166 WILDLIFE CONSERVATION TAG += SB 170 BD/DEPT OF FISH & GAME POWERS & DUTIES + SB 278 ALASKA CLIMATE CHANGE TASK FORCE Apr 14 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Apr 13 Thursday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- TRANSPORTATION Apr 13 Thursday Butrovich 205 1:30 PM No Meeting Scheduled Apr 18 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Apr 20 Thursday Butrovich 205 1:30 PM + Pavement Rutting Research Project - Update and Presentation: Jerry DesJarlais and Dr. Hulsey, UAF ---------------------------------------- SPECIAL COMMITTEES COMMITTEE ON UNIVERSITY OVERSIGHT Apr 24 Monday Beltz 211 5:00 PM + HJR 14 URGE CONGRESS TO GRANT LAND TO UNIVERSITY ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 149 Apr 12 Wednesday Capitol 120 6:00 PM = HB 149 CONTROLLED SUBSTANCES ---------------------------------------- 2006-04-12 Senate Journal Page 2753 CONFERENCE COMMITTEE ON SB 232 Apr 12 Wednesday Senate Finance 532 12:45 PM -- Time Change -- = SB 232 SUPPLEMENTAL APPROPRIATIONS ---------------------------------------- OTHER MEETINGS JOINT SESSION May 04 Thursday House Chamber 11:00 AM Confirmation of Governor's Appointees