Legislature(2005 - 2006)

2005-01-18 Senate Journal

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2005-01-18                     Senate Journal                      Page 0077
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                     Tuesday                 January 18, 2005                       
                                                                                                    
                                  Ninth Day                                                      
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:02 a.m.                                                                               
                                                                                                    
The roll showed sixteen members present. Senators Bunde, Olson                                      
were excused from a call of the Senate. Senators Therriault, Guess                                  
were absent.                                                                                        
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that                                         
Senator Guess be excused from a call of the Senate on January 18, 19,                               
21 and 24. Without objection, Senator Guess was excused.                                            
                                                                                                    
The prayer was offered by the Chaplain, The Reverend George Silides                                 
of the Holy Trinity Episcopal Church. Senator Hoffman moved and                                     
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
      Today, O God, I hold before You the senators of our                                           
      state, men and women elected to leadership of all its                                         
      people; the old and the young, the rich and the poor, the                                     
      powerful and the invisible, of every race and creed,                                          
      elected as stewards of a rich heritage and a rich land.                                       
                                                                                                    
      I can be quick to criticize: help me, Lord, to first enter                                    
      their dilemma. On most issues of state I have the luxury                                      
      of withholding judgment, of not committing myself, of                                         
      sitting on the fence. Even when I have an opinion, it has                                     
      little influence and seldom any consequence. Not so with                                      
      these seated here today. To the extent that they really                                       
      lead, they must make decisions, even if they are poor                                         
      ones for a time.                                                                              

2005-01-18                     Senate Journal                      Page 0078
      Help these leaders, O God, in the loneliness of their                                         
      decisions. Put wise counselors around them. Take, I                                           
      pray, the bits and pieces of virtue that are in each and                                      
      cause them to grow and mature. And take all the                                               
      destructive motives and cause them to vanish like smoke                                       
      in the wind.                                                                                  
                                                                                                    
      Lord, I believe that You seek to support even those who                                       
      do not seek You, when they are acting from the best that                                      
      is within them. Upon this senate, Lord, pour Your                                             
      blessing. Help them see how good right decisions are.                                         
      And where decisions must be made that are not in their                                        
      own interest, deepen their sense of duty. Having seen the                                     
      light, give them the courage to walk in the light.   Amen.                                    
                                                                                                    
Senator Stedman led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the fifth through eighth legislative days be approved as                               
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                         Introduction of Senate Staff                                            
                                                                                                    
Senator Seekins introduced the following members of the Senate                                      
Secretary's Office:                                                                                 
                                                                                                    
 Kirsten Waid - Senate Secretary                                                                    
 Liz Clark - Assistant Senate Secretary                                                             
 Martha Hopson - Assistant Senate Secretary                                                         
 Julianna Singh - Assistant Senate Secretary                                                        
 Nancy Schaufelberger - Assistant Senate Secretary                                                  
 Gina Spartz - Assistant Senate Secretary                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-01-18                     Senate Journal                      Page 0079
                          Messages from the Governor                                             
                                                                                                    
Letter dated and received January 14 was read, stating in accordance                                
with AS 39.05.080 and AS 14.40.150, I submit the following names                                    
for legislative confirmation of appointment to the Board of Regents as                              
set out below:                                                                                      
                                                                                                    
University of Alaska Board of Regents                                                             
 Carl H. Marrs - Anchorage                                                                          
 Appointed: 1/13/2005                                                                               
 Term Expires: 2/1/2013                                                                             
                                                                                                    
 Robert Martin - Juneau                                                                             
 Appointed: 1/13/2005                                                                               
 Term Expires: 2/1/2013                                                                             
                                                                                                    
     Jeff Staser - Anchorage                                                                        
     Appointed: 1/13/2005                                                                           
     Term Expires: 2/1/2007                                                                         
                                                                                                    
The appointments were 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.                                                
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
Report from the Commissioner of the Department of Administration                                    
dated January 14 was received, stating the monetary terms for the                                   
collective bargaining agreement reached with the Alaska State                                       
Employees Association representing the General Government Unit in                                   
accordance with AS 23.40.215.                                                                       
                                                                                                    
President Stevens referred the report to the Finance Committee.                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-01-18                     Senate Journal                      Page 0080
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 61                                                                                             
SENATE BILL NO. 61 BY SENATOR GARY STEVENS, entitled:                                               
                                                                                                    
              "An Act relating to the Alaska teacher recruitment                                   
                 loan repayment program; and providing for an                                      
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 62                                                                                             
SENATE BILL NO. 62 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
               "An Act making a supplemental appropriation for                                     
           increased operating costs of the division of elections;                                 
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
Governor's transmittal letter dated January 14:                                                     
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a separate "fast-track" supplemental appropriation bill for                            
fiscal year 2005 for the Division of Elections in the Office of the                                 
Lieutenant Governor.                                                                                
                                                                                                    
The bill would appropriate a total of $694,900 from the general fund.                               
The appropriation would cover the costs of circumstances that were                                  
not within management's control, such as court-ordered costs,                                       
unexpected municipal ballot costs, and unexpected citizen-action                                    
generated costs.  The Division of Elections faced unusual operating                                 
costs due to a number of circumstances, including ballot printing and                               
distribution of the Municipality of Anchorage bond questions, an                                    
application for recall of a member of the state Legislature, complying                              
with a court order to reprint the general election ballots, and an                                  

2005-01-18                     Senate Journal                      Page 0081
unusually high number of requests from voters for absentee and                                      
facsimile ballots.  Due to these additional costs, it now appears that a                            
total of $694,900 more in general fund money will be needed to meet                                 
the state's obligations to administer elections during fiscal year 2005.                            
                                                                                                    
The Division of Elections is anticipated to run out of money in late                                
February.  Therefore, I request that you put this bill on a "fast track"                            
for final action in February.                                                                       
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
In Memoriam - Su Lachelt                                                                            
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins,                                           
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citation be adopted. Without objection, the citation was adopted and                                
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Dyson moved and asked unanimous consent to be excused                                       
from a call of the Senate from evening plane time, January 19 through                               
plane time, January 24. Without objection, Senator Dyson was                                        
excused.                                                                                            
                                                                                                    
Senator Dyson moved and asked unanimous consent to be excused                                       
from a call of the Senate on January 31 and February 1. Without                                     
objection, Senator Dyson was excused.                                                               

2005-01-18                     Senate Journal                      Page 0082
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                          Engrossment and Enrollment                                             
                                                                                                    
SR 1                                                                                              
SENATE RESOLUTION NO. 1 Establishing a Senate Special                                               
Committee on World Trade and State/Federal Relations, was                                           
engrossed and enrolled, signed by the President and Secretary and the                               
engrossed and enrolled copies transmitted to the Office of the                                      
Governor at 1:50 p.m., January 18, 2005.                                                            
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., January 19, 2005.                                     
Without objection, the Senate adjourned at 11:18 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                             Acting Secretary of the Senate                         
                                                                                                    
                                                                January 2005                        

2005-01-18                     Senate Journal                      Page 0083
                                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                                            
                                                                                                    
Jan 24        Monday                    Senate Finance 532            1:30 PM                     
              JOINT W/(H) COMMUNITY & REGIONAL AFFAIRS                                              
              Local Boundary Commission Report                                                      
              Overview of Annual Report                                                             
                                                                                                    
Jan 26        Wednesday                    Fahrenkamp 203             1:30 PM                     
     SB  14 MUNICIPAL  ELECTIONS                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 18        Tuesday                   Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 19        Wednesday                 Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 20        Thursday                  Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 21        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-01-18                     Senate Journal                      Page 0084
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Jan 19        Wednesday                 Senate Finance 532            1:30 PM                     
              -- Location Change --                                                                 
+             JOINT W/(H) H.E.S.S.                                                                  
              Overview Presentation:                                                                
              Governor's Council on Disabilities &                                                  
              Special Education                                                                     
+ SB  10 PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                      
+ SB  22 MEDICAID COVERAGE FOR BIRTHING CENTERS                                                     
                                                                                                    
Jan 21        Friday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Jan 18        Tuesday                         Butrovich 205           8:30 AM                     
+ SB  56 CRIMINAL LAW/PROCEDURE/SENTENCING                                                          
                                                                                                    
Jan 19        Wednesday                       Butrovich 205           8:30 AM                     
+ SB  19 CIVIL LEGAL SERVICES FUND                                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Jan 20        Thursday                        Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Jan 18        Tuesday                               Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 20        Thursday                              Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-01-18                     Senate Journal                      Page 0085
                                  RESOURCES                                                      
                                                                                                    
Jan 19        Wednesday                       Butrovich 205           1:00 PM                     
              -- Time Change --                                                                     
              JOINT W/(H) RESOURCES                                                                 
              Overview:                                                                             
+             Dept of Fish & Game                                                                   
+             Dept of Natural Resources                                                             
+             Natural Gas 101                                                                       
                                                                                                    
Jan 21        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Jan 20        Thursday                              Beltz 211         3:30 PM                     
     SB  36 ABSENTEE BALLOT APPLICATIONS                                                            
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Jan 18        Tuesday                         Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 20        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled