Legislature(2005 - 2006)

2006-05-02 Senate Journal

Full Journal pdf

2006-05-02                     Senate Journal                      Page 3051
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                SECOND SESSION                                                   
                                                                                                    
Juneau, Alaska                     Tuesday                       May 2, 2006                      
                                                                                                    
                          One Hundred Fourteenth Day                                             
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:42 a.m.                                                                               
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Senator Wagoner. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
      Our Heavenly Father,                                                                          
                                                                                                    
          Please watch over this esteemed body as they legislate and                               
       debate issues that will affect the lives of the citizens of our                             
      great state for the foreseeable future.                                                       
                                                                                                    
          Help guide us in the right direction and please be with us                               
      and our loved ones as we strive to be worthy of Your love.                                    
                                                                                                    
            Please look after our fighting men and women the world                                 
      over and bring them safely home, we pray in Your name.                                        
                                                                 Amen.                              
                                                                                                    
Senator Hoffman led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the one hundred thirteenth legislative day be approved as                               
certified by the Secretary. Without objection, it was so ordered.                                   

2006-05-02                     Senate Journal                      Page 3052
                          Messages from the Governor                                             
                                                                                                    
HB 269                                                                                            
Message dated April 26 was read, stating the Governor signed the                                    
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 269(JUD)                                                     
          "An Act relating to contribution actions relating to                                      
          the release of a hazardous substance; and providing                                       
          for an effective date."                                                                   
                                                                                                    
                             Chapter 15, SLA 2006                                                  
                          Effective Date: 04/27/2006                                               
                                                                                                    
HB 274                                                                                            
Message dated April 28 was read, stating the Governor signed the                                    
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
                     CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                           
              BILL NO. 274(FIN) "An Act relating to the practice                                   
          of accounting; and providing for an effective date."                                      
                                                                                                    
                             Chapter 16, SLA 2006                                                  
                         Effective Date: See Chapter                                               
                                                                                                    
Letter dated May 1 was received, stating in accordance with AS                                      
39.05.080, I submit the following names for legislative confirmation                                
of appointment to the boards and commissions set out below:                                         
                                                                                                    
State Assessment Review Board                                                                     
     Mary (Mickey) Keller - Anchorage                                                               
     Appointed: 4/25/2006                                                                           
                                                                                                    
The appointment was referred to the Labor and Commerce Committee.                                   
                                                                                                    
Big Game Commercial Services Board                                                                
     Ray Stoney - Kiana                                                                             
     Appointed:  5/1/2006    Term Expires:  3/1/2010                                                
                                                                                                    

2006-05-02                     Senate Journal                      Page 3053
Board of Fisheries                                                                                
     Jeremiah Campbell - Seward                                                                     
     Reappointed:  7/1/2006   Term Expires:  6/30/2009                                              
                                                                                                    
The appointments were referred to the Resources Committee.                                          
                                                                                                    
Professional Teaching Practices Commission                                                        
     Jeff Hebard - Fairbanks                                                                        
     Appointed:  5/1/2006    Term Expires:  3/1/2007                                                
                                                                                                    
The appointment was referred to the Health, Education and Social                                    
Services Committee.                                                                                 
                                                                                                    
The resumes for these appointments have been submitted to the                                       
Offices of the Senate Secretary and the Chief Clerk.                                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated May 1 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 375                                                                                            
CS FOR HOUSE BILL NO. 375(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act establishing the teachers' retirement system                                      
          past service cost liability account in the Department                                     
          of Revenue; establishing the public employees'                                            
          retirement system past service cost liability account                                     
          in the Department of Revenue; and providing for an                                        
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-02                     Senate Journal                      Page 3054
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Alaska State Commission for Human Rights 2005 Annual Report                                         
from Grace E. Merkes, Chairperson                                                                   
in accordance with AS 18.80.150                                                                     
                                                                                                    
Alaska Board of Forestry 2005 Annual Report to the Governor                                         
A Review of the Alaska Forest Resources and Practices Act:                                          
Its Implementation and Effectiveness dated March 2006                                               
from Chris Maisch, Presiding Officer, Board of Forestry                                             
Department of Natural Resources                                                                     
in accordance with AS 41.17.047(d)                                                                  
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 231                                                                                            
The Finance Committee considered SENATE BILL NO. 231 "An Act                                        
making appropriations, including capital appropriations and                                         
appropriations to capitalize funds; and providing for an effective date"                            
and recommended it be replaced with                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 231(FIN) "An Act                                                   
          making appropriations, including capital                                                  
          appropriations, supplemental appropriations,                                              
          reappropriations, and appropriations to capitalize                                        
          funds; 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."                                                                       
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde,                                  
Hoffman, Olson, Dyson, Stedman.                                                                     
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    

2006-05-02                     Senate Journal                      Page 3055
HB 133                                                                                            
The Community and Regional Affairs Committee considered CS FOR                                      
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 133(JUD) am                                                   
"An Act relating to incorporation of boroughs, to annexation by local                               
action, and to regulations of the Local Boundary Commission to                                      
provide standards and procedures for municipal incorporation,                                       
reclassification, dissolution, and certain municipal boundary changes;                              
and providing for an effective date." Signing no recommendation:                                    
Senator Stedman, Chair; Senator Ellis. Signing do pass: Senators                                    
Wagoner, Gary Stevens, Kookesh.                                                                     
                                                                                                    
The following fiscal information was published today:                                               
           Fiscal Note No. 2, Department of Commerce, Community and                                
       Economic Development                                                                         
                                                                                                    
The bill was referred to the State Affairs Committee.                                               
                                                                                                    
HB 258                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
258(JUD) "An Act relating to aggravating factors at sentencing for                                  
sexual assault and sexual abuse" and recommended it be replaced with                                
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          258(JUD) "An Act relating to sexual abuse of a                                            
          minor in the second degree and to aggravating factors                                     
          at sentencing for sexual assault and sexual abuse."                                       
          (Title change SCR forthcoming)                                                            
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators Guess, Huggins.                                   
Signing no recommendation: Senator French.                                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Corrections                                                 
 Fiscal Note No. 3, zero, Alaska Court System                                                       
 Fiscal Note No. 4, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    

2006-05-02                     Senate Journal                      Page 3056
HB 278                                                                                            
The Community and Regional Affairs Committee considered CS FOR                                      
HOUSE BILL NO. 278(RLS) "An Act relating to prepayments of                                          
accrued actuarial liabilities of government retirement systems; relating                            
to the Alaska Municipal Bond Bank Authority; permitting the Alaska                                  
Municipal Bond Bank Authority or a subsidiary of the authority to                                   
assist state and municipal governmental employers by issuing bonds,                                 
notes, commercial paper, or other obligations to enable the                                         
governmental employers to prepay all or a portion of the governmental                               
employers' shares of the unfunded accrued actuarial liabilities of                                  
retirement systems; authorizing a governmental employer to issue                                    
obligations to prepay all or a portion of the governmental employer's                               
shares of the unfunded accrued actuarial liabilities of retirement                                  
systems and to enter into a lease or other contractual agreement with a                             
trustee or the Alaska Municipal Bond Bank Authority or a subsidiary                                 
of the authority in connection with the issuance of obligations for that                            
purpose, and relating to those obligations; and providing for an                                    
effective date." Signing amend: Senator Stedman, Chair. Signing no                                  
recommendation: Senators Ellis, Wagoner, Gary Stevens.                                              
                                                                                                    
The following previously published fiscal information applies:                                      
     Fiscal Note No. 2, indeterminate, House Finance Committee                                      
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 304                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
304(FIN) am "An Act relating to the commercial fishing loan                                         
program; and providing for an effective date." Signing no                                           
recommendation: Senator Wagoner, Chair; Senators Elton, Dyson,                                      
Stedman. Signing do pass: Senator Ben Stevens.                                                      
                                                                                                    
The following fiscal information was published today:                                               
           Fiscal Note No. 3, Department of Commerce, Community and                                
       Economic Development                                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 318                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
318(FIN) am "An Act limiting the exercise of eminent domain" and                                    
recommended it be replaced with                                                                     

2006-05-02                     Senate Journal                      Page 3057
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          318(FIN)                                                                                  
                                                                                                    
Signing do pass: Senator Green, Cochair; Senators Bunde, Dyson,                                     
Stedman, Hoffman.                                                                                   
                                                                                                    
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 Rules Committee.                                                       
                                                                                                    
HB 378                                                                                            
The Community and Regional Affairs Committee considered CS FOR                                      
HOUSE BILL NO. 378(RES) "An Act providing for selection of a                                        
member of the Haines Borough Assembly to serve as an ex officio                                     
member of the Alaska Chilkat Bald Eagle Preserve Advisory Council                                   
and removing the mayor of the City of Haines as an ex officio member                                
of the council." Signing do pass: Senator Stedman, Chair; Senators                                  
Wagoner, Gary Stevens, Kookesh. Signing no recommendation:                                          
Senator Ellis.                                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
     Fiscal Note No. 1, zero, Department of Natural Resources                                       
                                                                                                    
The bill was referred to the Resources Committee.                                                   
                                                                                                    
HB 380                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
380(FIN)(title am) "An Act relating to the powers and duties of the                                 
commissioner of environmental conservation regarding animals,                                       
animal products, agricultural products, and the transportation of                                   
animals and animal products; relating to the employment,                                            

2006-05-02                     Senate Journal                      Page 3058
appointment, and duties of a state veterinarian by the commissioner of                              
environmental conservation; relating to the powers of the                                           
commissioner of natural resources regarding agricultural products;                                  
relating to animal rabies prevention and control; and providing for an                              
effective date" and recommended the adoption of the Resources                                       
Senate Committee Substitute offered on page 2707.                                                   
                                                                                                    
Signing do pass: Senator Green, Cochair; Senators Bunde, Dyson.                                     
Signing no recommendation: Senator Hoffman.                                                         
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Environmental                                               
       Conservation                                                                                 
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 414                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
414(RLS) am "An Act relating to the interception of the private                                     
communications of a minor" and recommended it be replaced with                                      
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          414(JUD) "An Act relating to allowing a parent or                                         
          guardian of a minor to intercept the private                                              
          communications of the minor and to consent to an                                          
          order authorizing law enforcement to intercept the                                        
          private communications of the minor."                                                     
          (Title change SCR forthcoming)                                                            
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senator Huggins. Signing no                                
recommendation: Senators French, Guess.                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
     Fiscal Note No. 2, zero, Department of Administration                                          
     Fiscal Note No. 3, zero, Department of Administration                                          
     Fiscal Note No. 4, zero, Alaska Court System                                                   
     Fiscal Note No. 5, zero, Department of Public Safety                                           
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-02                     Senate Journal                      Page 3059
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 426                                                                                            
The Health, Education and Social Services Committee considered CS                                   
FOR HOUSE BILL NO. 426(FIN)(title am) "An Act relating to                                           
cooperation of insurers with the Department of Health and Social                                    
Services; relating to subrogation, assignment, and lien rights and                                  
notices for medical assistance claims; relating to recovery of medical                              
assistance overpayments; relating to asset transfers and income                                     
diversion by medical assistance applicants; relating to assets and                                  
Medicare enrollment as they affect medical assistance coverage;                                     
relating to home and community-based services; relating to medical                                  
assistance applications for persons under 21 years of age; requiring a                              
report by the Department of Health and Social Services; and providing                               
for an effective date" and recommended it be replaced with                                          
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          426(HES)                                                                                  
                                                                                                    
Signing do pass: Senator Dyson, Chair; Senator Green. Signing no                                    
recommendation: Senators Elton, Wilken, Olson.                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
     Fiscal Note No. 1, zero, Department of Health and Social Services                              
     Fiscal Note No. 2, Department of Health and Social Services                                    
     Fiscal Note No. 3, Department of Health and Social Services                                    
     Fiscal Note No. 4, Department of Health and Social Services                                    
     Fiscal Note No. 5, Department of Health and Social Services                                    
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
SB 172                                                                                            
                                                                 May 1, 2006                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    

2006-05-02                     Senate Journal                      Page 3060
The Conference Committee considering SENATE BILL NO. 172 "An                                        
Act relating to the presentation of initiatives and referenda on the                                
ballot" and HOUSE CS FOR SENATE BILL NO. 172(FIN) am H                                              
"An Act relating to election pamphlets and to the presentation of                                   
initiatives and referenda on the ballot; relating to review of                                      
applications for certification of initiatives; relating to the circulation                          
and subscription of recall petitions; and providing for an effective                                
date" respectfully requests limited powers of free conference on the                                
following specific points:                                                                          
                                                                                                    
          Section 3 of the House Version                                                            
                                                                                                    
                  AS 15.45.180(a), which was amended by both                                       
                 bodies, requires an additional definition of                                      
           'subsection' not contained in either version of the bill                                
                                                                                                    
Signing the report: Senator Therriault, Chair, Senators Bunde, Elton;                               
Representative Seaton, Chair, Representatives Meyer, Gara.                                          
                                                                                                    
President Stevens granted the Senate members limited powers of free                                 
conference as requested.                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 172                                                                                            
The following report was received and distributed at 8:50 a.m.,                                     
May 2, 2006:                                                                                        
                                                                                                    
                                                                 May 1, 2006                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee with limited powers of free conference                                     
considered SENATE BILL NO. 172 "An Act relating to the                                              
presentation of initiatives and referenda on the ballot" and HOUSE CS                               
FOR SENATE BILL NO. 172(FIN) am H and recommends                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-02                     Senate Journal                      Page 3061
          CONFERENCE CS FOR SENATE BILL NO. 172                                                     
          "An Act relating to election pamphlets and to the                                         
          presentation of initiatives and referenda on the ballot;                                  
          relating to review of applications for certification of                                   
          initiatives; relating to the circulation and subscription                                 
          of recall petitions; and providing for an effective                                       
          date."                                                                                    
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Senator Therriault, Chair, Senators Bunde, Elton;                               
Representative Seaton, Chair, Representatives Meyer, Gara.                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 5, Department of Law                                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 3, Office of the Governor                                                          
 Fiscal Note No. 4, House Finance Committee                                                         
                                                                                                    
Senator Gary Stevens moved that the Senate adopt the Conference                                     
Committee Report on CONFERENCE CS FOR SENATE BILL                                                   
NO. 172.                                                                                            
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR SENATE BILL                                                   
NO. 172 "An Act relating to election pamphlets and to the presentation                              
of initiatives and referenda on the ballot; relating to review of                                   
applications for certification of initiatives; relating to the circulation                          
and subscription of recall petitions; and providing for an effective                                
date"?" The roll was taken with the following result:                                               
                                                                                                    
CCS SB 172                                                                                          
Adopt the Conference Committee Report?                                                              
Effective Date                                                                                      
                                                                                                    
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                                                   
                                                                                                    

2006-05-02                     Senate Journal                      Page 3062
and so, the report was adopted.                                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the adoption of the Conference Committee Report be                                          
considered the vote on the effective date clause. Without objection, it                             
was so ordered.                                                                                     
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for engrossment and enrollment.                              
                                                                                                    
HJR 14                                                                                            
The Special Committee on University Oversight considered CS FOR                                     
HOUSE JOINT RESOLUTION NO. 14(RES) Urging the United                                                
States Congress to pass legislation to convey land to the University of                             
Alaska and recommended it be replaced with                                                          
                                                                                                    
                       SENATE CS FOR CS FOR HOUSE JOINT                                            
          RESOLUTION NO. 14(UOV)                                                                    
                                                                                                    
Signing do pass: Senator Gary Stevens, Chair; Senators Wagoner, Ben                                 
Stevens. Signing no recommendation: Senator Elton.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
        Fiscal Note No. 1, zero, House Special Committee on Education                              
                                                                                                    
The resolution was referred to the Resources Committee.                                             
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 160                                                                                            
SENATE BILL NO. 160 "An Act relating to a procurement and                                           
electronic commerce tools program for state departments and                                         
instrumentalities of the state; and providing for an effective date" was                            
read the second time.                                                                               
                                                                                                    
                                                                                                    

2006-05-02                     Senate Journal                      Page 3063
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 3036.                                  
Without objection, CS FOR SENATE BILL NO. 160(FIN) was                                              
adopted.                                                                                            
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 160(FIN) will                                       
be on the May 3 calendar.                                                                           
                                                                                                    
SB 231                                                                                            
SENATE BILL NO. 231 "An Act making appropriations, including                                        
capital appropriations and appropriations to capitalize funds; and                                  
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 3054.                                  
Without objection, CS FOR SENATE BILL NO. 231(FIN) "An Act                                          
making appropriations, including capital appropriations, supplemental                               
appropriations, reappropriations, and appropriations to capitalize                                  
funds; 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" was adopted.                                                       
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 231(FIN) will                                       
be on the May 3 calendar.                                                                           
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 272                                                                                            
CS FOR SENATE BILL NO. 272(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 272(FIN)                                          
"An Act relating to mortgage lenders, mortgage brokers, state agents                                
who collect program administration fees, and other persons who                                      
engage in activities relating to mortgage lending; relating to mortgage                             
loan activities; relating to fees for recorded mortgage loan instruments;                           
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-02                     Senate Journal                      Page 3064
CSSB 272(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Guess                                                                                        
                                                                                                    
and so, CS FOR SENATE BILL NO. 272(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 and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 357                                                                                            
CS FOR HOUSE BILL NO. 357(FIN) "An Act updating the                                                 
terminology in statutes for persons with disabilities; and providing for                            
an effective date" was read the third time.                                                         
                                                                                                    
Senators Wilken, Guess, Gary Stevens, Bunde, Ellis, Elton, Seekins,                                 
Wagoner, French, Davis, Dyson moved and asked unanimous consent                                     
to be shown as cross sponsors on the bill. Without objection, it was so                             
ordered.                                                                                            
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 357(FIN) "An                                       
Act updating the terminology in statutes for persons with disabilities;                             
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
CSHB 357(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
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                                                   

2006-05-02                     Senate Journal                      Page 3065
                                                                                                    
and so, CS FOR HOUSE BILL NO. 357(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 clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House with a                              
Legislative Letter of Intent.                                                                       
                                                                                                    
HB 395                                                                                            
CS FOR HOUSE BILL NO. 395(FIN) "An Act relating to the period                                       
of the fire season; and providing for an effective date" was read the                               
third time.                                                                                         
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent to be                                        
shown as a cross sponsor on the bill. Without objection, it was so                                  
ordered.                                                                                            
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 395(FIN) "An                                       
Act relating to the period of the fire season; and providing for an                                 
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 395(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
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                                                   
                                                                                                    
and so, CS FOR HOUSE BILL NO. 395(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 clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-02                     Senate Journal                      Page 3066
HB 439                                                                                            
CS FOR HOUSE BILL NO. 439(L&C) am "An Act relating to                                               
authorizing the state to join with other states in entering into the                                
Interstate Insurance Product Regulation Compact" was read the third                                 
time.                                                                                               
                                                                                                    
Senators Green, Stedman moved and asked unanimous consent to                                        
abstain from voting due to a conflict of interest. Objections were heard                            
and Senators Green, Stedman were required to vote.                                                  
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 439(L&C) am                                        
"An Act relating to authorizing the state to join with other states in                              
entering into the Interstate Insurance Product Regulation Compact"                                  
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 439(L&C) am                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
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                                                   
                                                                                                    
and so, CS FOR HOUSE BILL NO. 439(L&C) am passed the Senate,                                        
was signed by the President and Secretary and returned to the House.                                
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SCR 28                                                                                            
SENATE CONCURRENT RESOLUTION NO. 28 Relating to the                                                 
innovative application of education technology tools to provide                                     
improved distance education programs in the state was read the second                               
time.                                                                                               
                                                                                                    
Senator Dyson, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Committee                                     
Substitute offered on page 2967. Without objection, CS FOR                                          
SENATE CONCURRENT RESOLUTION NO. 28(HES) was adopted                                                
and was before the Senate on final passage.                                                         
                                                                                                    

2006-05-02                     Senate Journal                      Page 3067
The question being: "Shall CS FOR SENATE CONCURRENT                                                 
RESOLUTION NO. 28(HES) Relating to the innovative application of                                    
education technology tools to provide improved distance education                                   
programs in the state pass the Senate?" The roll was taken with the                                 
following result:                                                                                   
                                                                                                    
CSSCR 28(HES)                                                                                       
Second Reading - Final Passage                                                                      
                                                                                                    
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                                                   
                                                                                                    
and so, CS FOR SENATE CONCURRENT RESOLUTION NO.                                                     
28(HES) passed the Senate and was referred to the Secretary for                                     
engrossment.                                                                                        
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HJR 27                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 27(MLV) Urging the                                                
United States Congress to pass legislation amending the Alaska Native                               
Vietnam Veterans Allotment Act to allow deserving veterans to obtain                                
allotments of vacant land within the State of Alaska; and to reopen and                             
legislatively approve allotments in the Tongass National Forest was                                 
read the second time.                                                                               
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
resolution be advanced to third reading and placed on final passage.                                
Without objection, it was so ordered.                                                               
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 27(MLV) was read the                                              
third time.                                                                                         
                                                                                                    
Senators Huggins, Dyson, Wagoner, French, Ellis, Elton, Kookesh,                                    
Gary Stevens, Olson, Hoffman, Therriault, Cowdery, Ben Stevens,                                     
Guess, Stedman, Seekins moved and asked unanimous consent to be                                     
shown as cross sponsors on the resolution. Without objection, it was                                
so ordered.                                                                                         
                                                                                                    

2006-05-02                     Senate Journal                      Page 3068
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                            
NO. 27(MLV) Urging the United States Congress to pass legislation                                   
amending the Alaska Native Vietnam Veterans Allotment Act to allow                                  
deserving veterans to obtain allotments of vacant land within the State                             
of Alaska; and to reopen and legislatively approve allotments in the                                
Tongass National Forest pass the Senate?" The roll was taken with the                               
following result:                                                                                   
                                                                                                    
CSHJR 27(MLV)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
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                                                   
                                                                                                    
and so, CS FOR HOUSE JOINT RESOLUTION NO. 27(MLV)                                                   
passed the Senate, was signed by the President and Secretary and                                    
returned to the House.                                                                              
                                                                                                    
HCR 6                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 6 Relating to the                                                   
continuation of the Alaska Information Infrastructure Policy Task                                   
Force until the first day of the First Regular Session of the Twenty-                               
Fifth Alaska State Legislature in January 2007 was read the second                                  
time and was before the Senate on final passage.                                                    
                                                                                                    
Senator Huggins offered Amendment No. 1 :                                                            
                                                                                                    
Page 1, lines 1 - 3:                                                                                
 Delete all material and insert:                                                                    
 "Relating to reestablishing the Alaska Information                                               
Infrastructure Policy Task Force."                                                                
                                                                                                    
Page 1, line 5:                                                                                     
 Delete "the termination date of"                                                                   
                                                                                                    
Page 1, lines 6 - 7:                                                                                
 Delete "extended until the first day of the First Regular Session of                               
the Twenty-Fifth Alaska State Legislature"                                                          
 Insert "reestablished"                                                                             

2006-05-02                     Senate Journal                      Page 3069
Page 1, line 10:                                                                                    
 Delete "continue to"                                                                               
 Following "serve on the":                                                                          
          Insert "reestablished"                                                                    
                                                                                                    
Page 2, line 4:                                                                                     
 Delete "First Regular Session"                                                                     
 Insert "Second Regular Session"                                                                    
                                                                                                    
Page 2, line 5, following "Legislature":                                                            
     Insert "; and                                                                                  
     That the Alaska Information Infrastructure Policy Task Force is                                
terminated not later than the first day of the Second Regular Session of                            
the Twenty-Fifth Alaska State Legislature"                                                          
                                                                                                    
Senator Huggins moved for the adoption of Amendment No. 1.                                          
Without objection, Amendment No. 1 was adopted.                                                     
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 6 am S Relating to reestablishing the Alaska Information                                        
Infrastructure Policy Task Force pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
HCR  6 am S                                                                                         
Second Reading - Final Passage                                                                      
                                                                                                    
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                                                   
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 6 am S passed                                               
the Senate and was referred to the Secretary for engrossment.                                       
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Sitka High School Boys' Baseball Team, 2005 ASAA                                         
State Baseball Champions                                                                            
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Wilson                                                                            

2006-05-02                     Senate Journal                      Page 3070
Honoring - Sitka High School Boys' Swimming and Diving Team,                                        
2005 ASAA State Swimming and Diving Champions                                                       
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Wilson                                                                            
                                                                                                    
Honoring - Sitka High School Girls' Softball Team, 2005 ASAA State                                  
Small School Softball Champions                                                                     
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Wilson                                                                            
                                                                                                    
Honoring - Gladys Dart                                                                              
Representative(s) Salmon                                                                            
Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, 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.                                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                               
in effect.                                                                                          
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 272                                                                                            
CS FOR SENATE BILL NO. 272(FIN) "An Act relating to mortgage                                        
lenders, mortgage brokers, state agents who collect program                                         
administration fees, and other persons who engage in activities relating                            
to mortgage lending; relating to mortgage loan activities; relating to                              
fees for recorded mortgage loan instruments; and providing for an                                   
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     

2006-05-02                     Senate Journal                      Page 3071
SCR 28                                                                                            
CS FOR SENATE CONCURRENT RESOLUTION NO. 28(HES)                                                     
Relating to the innovative application of education technology tools to                             
provide improved distance education programs in the state was                                       
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
HCR 6                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 6 am S Relating to                                                  
reestablishing the Alaska Information Infrastructure Policy Task Force                              
was engrossed, signed by the President and Secretary and returned to                                
the House for consideration.                                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., May 3, 2006. Without                                  
objection, the Senate adjourned at 12:20 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2006                        

2006-05-02                     Senate Journal                      Page 3072
                                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                                            
                                                                                                    
May 05        Friday                          Butrovich 205           1:30 PM                     
+             Joint w/(S) Health, Education & Social                                                
              Services                                                                              
              Overview Presentation: U.S. Ambassador                                                
              to Mongolia, Pamela J. Slutz                                                          
              "A Broader Partnership with Mongolia"                                                 
              (Education, Tourism, Trade, Mining,                                                   
              Government)                                                                           
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 02        Tuesday                   Senate Finance 532            9:00 AM                     
+ HB 318 LIMITATION ON EMINENT DOMAIN                                                               
+ HB 380 ANIMALS & ANIMAL OR AGRICULTURAL PRODUCTS                                                  
+ HB 105 MEDICAID FOR ADULT DENTAL SERVICES                                                         
+ HB  16 SCHOOL FUNDS RELATED TO BOARDING SCHOOLS                                                   
+= HB 218 PRIVATE HATCHERY COST RECOVERY FISHERIES                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 03        Wednesday                 Senate Finance 532            9:00 AM                     
+ HB 441 THERAPEUTIC COURT FOR DUI                                                                  
+ HB 307 KNIK RIVER PUBLIC USE AREA                                                                 
+ HB 420 FOREST RESOURCES & PRACTICES STANDARDS                                                     
= HB 218 PRIVATE HATCHERY COST RECOVERY FISHERIES                                                   
+ HB 484 FISHERY ASSOCIATION REIMBURSEMENT                                                          
+ HCR 30 AK CLIMATE IMPACT ASSESSMENT COMMISSION                                                    
+             Bills Previously Heard/Scheduled                                                      

2006-05-02                     Senate Journal                      Page 3073
                             FINANCE (continued)                                                 
                                                                                                    
May 04        Thursday                  Senate Finance 532            9:00 AM                     
+ HB  29 HEALTH CARE INSUR./COMP HEALTH INS. ASSN                                                   
+ HB 446 PENALTY FOR UNLAWFUL TRADE PRACTICE                                                        
+ HB 326 USE OF LEWD MATERIAL AS HARASSMENT                                                         
+ HB  41 ASSAULT ON SCHOOL EMPLOYEES/BUS DRIVERS                                                    
+ HB  57 SALE OF STATE LAND TO ADJACENT LANDOWNERS                                                  
+ HB 419 REPEAL UNDERGROUND STORAGE TANK LAWS                                                       
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 03        Wednesday                       Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 05        Friday                          Butrovich 205           1:30 PM                     
+             Joint w/(S) Community & Regional Affairs                                              
              Overview Presentation:  U.S. Ambassador                                               
              to Mongolia, Pamela J. Slutz                                                          
              "A Broader Partnership with Mongolia"                                                 
              (Education, Tourism, Trade, Mining,                                                   
              Government)                                                                           
+ HJR 36 TAIWAN:  WORLD HEALTH ASSEMBLY                                                             
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 02        Tuesday                         Butrovich 205           8:30 AM                     
+= HB 414 INTERCEPTION OF MINOR'S COMMUNICATIONS                                                    
+= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL                                                        
+ HB 258 SEXUAL ASSAULT BY PERSON WITH HIV/AIDS                                                     
+= HB 442 HEALTH CARE DECISIONS                                                                     
                                                                                                    
May 03        Wednesday                       Butrovich 205           8:30 AM                     
+= HB 442 HEALTH CARE DECISIONS                                                                     
+= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL                                                        
+ HB 322 SAFE SURRENDER OF BABIES                                                                   
+= HJR  9 URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT                                                 
+ SJR 17 COLLECT MORE EXXON VALDEZ SPILL DAMAGES                                                    

2006-05-02                     Senate Journal                      Page 3074
                               LABOR & COMMERCE                                                  
                                                                                                    
May 02        Tuesday                               Beltz 211         1:30 PM                     
+ HB 392 SOLID WASTE MANAGEMENT AUTHORITIES                                                         
+ HB 382 RECORKING WINE SERVED WITH A MEAL                                                          
+ HCR 34 ALASKA AGRICULTURAL PRODUCTS FOR TOURISTS                                                  
     HCR  4 METH WATCH PROGRAM                                                                      
+             Bills Previously Heard/Scheduled                                                      
              Including But Not Limited to:                                                         
+= HB 150 LICENSING RADIOLOGIC TECHNICIANS                                                          
+= HB  31 WORKERS' COMP: DISEASE PRESUMPTION                                                        
+= SB 241 JOINT INSURANCE ARRANGEMENTS                                                              
                                                                                                    
May 04        Thursday                              Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
              Including But Not Limited to:                                                         
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
May 03        Wednesday                       Butrovich 205           3:30 PM                     
              Confirmation Hearing:                                                                 
+             Ray Stoney - Big Game Commercial Services                                             
              Board                                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
May 02        Tuesday                         Butrovich 205           3:30 PM                     
+= SB 288 SEPTEMBER AS EDUCATION SAVINGS MONTH                                                      
+= HB 347 MOTOR VEHICLE INSURANCE/LICENSE/ NOTICES                                                  
+= HB 399 ELDER FRAUD AND ASSISTANCE/OPA                                                            
+= HJR 25 SUPPORTING VETERANS HOME OWNERSHIP ACT                                                    
+ HB 133 MUNICIPAL BOUNDARY CHANGES/ COMMISSION                                                     
+             Confirmation Hearing:                                                                 
              Claire Hall, Commissioner -- APOC                                                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2006-05-02                     Senate Journal                      Page 3075
                               JOINT COMMITTEES                                                  
                                                                                                    
                   CONFERENCE COMMITTEE ON HB 365 & HB 366                                       
                                                                                                    
May 02        Tuesday                   Senate Finance 532            4:00 PM                     
= HB 365 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 366 APPROP: MENTAL HEALTH BUDGET                                                               
              Military and Veteran Affairs                                                          
              Natural Resources                                                                     
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 04        Thursday                     House Chamber            11:00 AM                      
              Confirmation of Governor's Appointees