Legislature(2005 - 2006)

2005-02-02 Senate Journal

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2005-02-02                     Senate Journal                      Page 0203
                                                                                                    
                                     SENATE JOURNAL                                              
                                                                                                    
                                ALASKA STATE LEGISLATURE                                         
                                                                                                    
                               TWENTY-FOURTH LEGISLATURE                                         
                                                                                                    
                                     FIRST SESSION                                               
                                                                                                    
Juneau, Alaska                              Wednesday                        February 2, 2005     
                                                                                                    
                                   Twenty-fourth Day                                             
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:04 a.m.                                                                               
                                                                                                    
The roll showed sixteen members present. Senators Davis, Guess,                                     
Olson, Stedman were excused from a call of the Senate.                                              
                                                                                                    
The prayer was offered by the Chaplain, Pastor Robert Sherwood of                                   
the Church of the Nazarene. Senator Hoffman moved and asked                                         
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
      Let us pray. Hear this quote by Ann Ulanov:                                                   
                                                                                                    
      "Grace begins and ends prayer. Grace is what we call what                                     
      is left over after the scouring of the self, the dying into self.                             
      Grace is what was there before we ever looked at ourselves                                    
      in prayer. Grace gives us our initial impulse to pray. Further,                               
      grace sustains that beginning of our attentiveness, of our                                    
      assiduousness, or even our mere muddling along, and does                                      
      so when our prayers are blocked by self-judgment, met with                                    
      no apparent answers, seem to lead nowhere. Some impulse,                                      
      some effort, some intuition, some hope keeps us praying,                                      
      despite failures, despite early successes that do not repeat                                  
      themselves. That is grace, which we almost never recognize,                                   
      at first anyway, as itself. But that is because grace comes to                                
      us in the flesh, through the spaces and forms and contents of                                 
      our human life."                                                                              
                                                                                                    
                                                                                                    

2005-02-02                     Senate Journal                      Page 0204
      And hear this encouragement from the apostle Paul:                                            
                                                                                                    
      "For this reason we also, since the day we heard it, do not                                   
      cease to pray for you, and to ask that you may be filled with                                 
      the knowledge of His will in all wisdom and spiritual                                         
      understanding;                                                                                
                                                                                                    
      That you may walk worthy of the Lord, fully pleasing Him,                                     
      being fruitful in every good work and increasing in the                                       
      knowledge of God;                                                                             
                                                                                                    
      Strengthened with all might, according to His glorious                                        
      power, for all patience and longsuffering with joy;                                           
                                                                                                    
      Giving thanks to the Father who has qualified us to be                                        
      partakers of the inheritance of the saints in the light.                                      
                                                                                                    
      He has delivered us from the power of darkness and                                            
      conveyed us into the kingdom of the Son of His love.                                          
      (Colossians 1:9-13)                                                                           
                                                                                                    
      Now grant, Father, these men and women grace, wisdom                                          
      and joy, not just for this day, not for just this session, but                                
      throughout their lives, in permanence and power. With                                         
      respect to other faiths and in the power of the resurrected                                   
      Christ.                                                                            Amen.      
                                                                                                    
Senator Elton led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                     Certification                                               
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the twenty-second and twenty-third legislative days be                                 
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-02                     Senate Journal                      Page 0205
                               Messages from the Governor                                        
                                                                                                    
A Declaration of Disaster Emergency in the North Slope Borough for                                  
the City of Kaktovik, dated January 15, 2005, with an accompanying                                  
letter was received and is on file in the Senate Secretary's Office. The                            
Declaration and letter had been copied to the Finance Committee                                     
Cochairs.                                                                                           
                                                                                                    
A letter dated January 31, 2005, was received, regarding the                                        
Declaration of Disaster Emergency dated January 15, requesting                                      
legislative approval of a finance plan as required under AS 26.23.020.                              
The letter and financial plan had been copied to the Finance                                        
Committee Cochairs.                                                                                 
                                                                                                    
                                                                                                    
                                Messages from the House                                          
                                                                                                    
Message dated February 1 was read, stating:                                                         
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Twenty-fourth Alaska Legislature at 11:00 a.m. on                                    
Wednesday, March 30 for the purpose of hearing U.S. Senator Lisa                                    
Murkowski.                                                                                          
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate accept the House invitation to meet in Joint Session. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                                     Communications                                              
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
   Department of Natural Resources                                                                  
           from Robert Loeffler, Director, Division of Mining, Land and Water                      
   2005 Annual Report to the Legislature, including:                                                
                                                                                                    
         Report on Identified R.S. 2477 Rights-of-Way                                               
         in accordance with AS 19.30.400(b)                                                         

2005-02-02                     Senate Journal                      Page 0206
         Annual Mining Report (notification of availability)                                        
         (published jointly with the Department of Commerce,                                        
         Community, and Economic Development)                                                       
         in accordance with AS 27.05.060                                                            
         available at: www.dggs.dnr.state.ak.us/minrep.htm                                          
                                                                                                    
         Land Disposal Income Fund Report                                                           
         in accordance with AS 38.04.022(b)                                                         
                                                                                                    
         Annual Report on the Status of Land in the Land Disposal Bank                              
         in accordance with AS 38.04.020(d)                                                         
                                                                                                    
         Annual Report on Water Removals and Exports                                                
         in accordance with AS 46.15.020(b)(5)                                                      
                                                                                                    
         Interim Land Classifications (Closing Land to Mineral Entry)                               
         in accordance with AS 38.05.300                                                            
                                                                                                    
Report from the Commissioner of the Department of Administration                                    
dated January 26 was received, stating the monetary terms for the                                   
collective bargaining agreement reached with the Inlandboatmen's                                    
Union of the Pacific in accordance with AS 23.40.215(b).                                            
                                                                                                    
President Stevens referred the report to the Finance Committee.                                     
                                                                                                    
                                                                                                    
                               Standing Committee Reports                                        
                                                                                                    
SB 14                                                                                             
The Community and Regional Affairs Committee considered                                             
SENATE BILL NO. 14 "An Act relating to municipal initiative and                                     
referendum elections." Signing do pass: Senator Gary Stevens, Chair;                                
Senators Wagoner, Kookesh, Stedman, Ellis.                                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Office of the Governor                                                    
 Fiscal Note No. 2, zero, Department of Commerce, Community,                                        
        and Economic Development                                                                    
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    

2005-02-02                     Senate Journal                      Page 0207
SB 36                                                                                             
The State Affairs Committee considered SENATE BILL NO. 36 "An                                       
Act relating to applications requesting the delivery of absentee ballots                            
by mail" and recommended it be replaced with                                                        
                                                                                                    
                         CS FOR SENATE BILL NO. 36(STA) "An Act                                    
                  relating to applications requesting the delivery of                              
             absentee ballots."                                                                     
                                                                                                    
Signing do pass: Senator Therriault, Chair; Senators Wagoner,                                       
Huggins. Signing no recommendation: Senator Elton.                                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
                                                                                                    
                             Introduction and Reference of                                       
                                   Senate Resolutions                                            
                                                                                                    
SJR 5                                                                                             
SENATE JOINT RESOLUTION NO. 5 BY SENATORS                                                           
THERRIAULT, Ellis,                                                                                  
                                                                                                    
                  Urging the United States Congress to reauthorize the                             
             Methane Hydrate Research and Development Act.                                          
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
                       Introduction and Reference of Senate Bills                                
                                                                                                    
SB 87                                                                                             
SENATE BILL NO. 87 BY SENATOR BUNDE, entitled:                                                      
                                                                                                    
                     "An Act relating to motor vehicle safety belt                                 
             violations."                                                                           
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    

2005-02-02                     Senate Journal                      Page 0208
SB 88                                                                                             
SENATE BILL NO. 88 BY SENATORS WILKEN, Bunde, entitled:                                             
                                                                                                    
                 "An Act relating to the policy of the state regarding                             
                   the source of funding used to cover a shortfall in                              
             general fund revenue."                                                                 
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
SB 89                                                                                             
SENATE BILL NO. 89 BY SENATOR ELLIS, entitled:                                                      
                                                                                                    
                  "An Act making an appropriation for the construction                             
                  of the Dowling Road extension; and providing for an                              
             effective date."                                                                       
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
                                                                                                    
                             Consideration of the Calendar                                       
                                                                                                    
                             Second Reading of Senate Bills                                      
                                                                                                    
SB 14                                                                                             
SENATE BILL NO. 14 "An Act relating to municipal initiative and                                     
referendum elections" was read the second time.                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
SENATE BILL NO. 14 was read the third time.                                                         
                                                                                                    
The question being: "Shall SENATE BILL NO. 14 "An Act relating to                                   
municipal initiative and referendum elections" pass the Senate?" The                                
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    

2005-02-02                     Senate Journal                      Page 0209
                                                                                                    
SB 14                                                                                               
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  16   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Hoffman,                                 
Huggins, Kookesh, Seekins, Stevens B, Stevens G, Therriault,                                        
Wagoner, Wilken                                                                                     
                                                                                                    
Excused:  Davis, Guess, Olson, Stedman                                                              
                                                                                                    
and so, SENATE BILL NO. 14 passed the Senate and was referred to                                    
the Secretary for engrossment.                                                                      
                                                                                                    
                                                                                                    
                                  Unfinished Business                                            
                                                                                                    
SB 12                                                                                             
Senators Therriault, Ellis, Wilken moved and asked unanimous                                        
consent to be shown as cosponsors on SENATE BILL NO. 12 "An                                         
Act relating to the prohibition or elimination of financial relationships                           
with persons that conduct business in countries that support or ignore                              
slavery and trafficking in persons." Without objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Senator Wagoner moved and asked unanimous consent to be excused                                     
from a call of the Senate from plane time, February 4 through plane                                 
time, February 7. Without objection, Senator Wagoner was excused.                                   
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 11 and 14. Without objection,                                 
Senator Hoffman was excused.                                                                        
                                                                                                    
                                                                                                    
                                     Announcements                                               
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-02                     Senate Journal                      Page 0210
                                      Engrossment                                                
                                                                                                    
SB 14                                                                                             
SENATE BILL NO. 14 "An Act relating to municipal initiative and                                     
referendum elections" was engrossed, signed by the President and                                    
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
                                                                                                    
                                      Adjournment                                                
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 10:00 a.m., February 4, 2005.                                     
Without objection, the Senate adjourned at 11:30 a.m.                                               
                                                                                                    
                                                                                    Kirsten Waid    
                                                                      Secretary of the Senate       
                                                                                                    
                                                                                  February 2005     

2005-02-02                     Senate Journal                      Page 0211
                                     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                                       
                                                                                                    
Feb 02             Wednesday                                        Beltz 211               1:30 PM
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 04             Friday                                           Beltz 211               1:30 PM
+ SB  77 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                                    
                        ----------------------------------------                                   
                                                                                                    
                                        FINANCE                                                  
                                                                                                    
Feb 02             Wednesday                         Senate Finance 532                     9:00 AM
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 03             Thursday                          Senate Finance 532                     9:00 AM
                   -- Teleconference <Listen Only> --                                               
                   Joint w/(H) Finance                                                              
                   University of Alaska Presentation                                                
                                                                                                    
Feb 04             Friday                            Senate Finance 532                     9:00 AM
                   No Meeting Scheduled                                                             
                        ----------------------------------------                                   
                                                                                                    
                          HEALTH, EDUCATION & SOCIAL SERVICES                                    
                                                                                                    
Feb 02             Wednesday                                Butrovich 205                   1:30 PM
+ SB  60 EXTEND SUICIDE PREVENTION COUNCIL                                                          
+= SB  22 MEDICAID COVERAGE FOR BIRTHING CENTERS                                                    

2005-02-02                     Senate Journal                      Page 0212
                    HEALTH, EDUCATION & SOCIAL SERVICES (continued)                              
                                                                                                    
Feb 04             Friday                                   Butrovich 205                   1:30 PM
+                  Bills Previously Heard/Scheduled                                                 
                        ----------------------------------------                                   
                                                                                                    
                                       JUDICIARY                                                 
                                                                                                    
Feb 02             Wednesday                                Butrovich 205                   8:30 AM
                   -- Meeting Canceled --                                                           
+                  Overview of the Department of Law                                                
                   (Continued from 1/26/05 Meeting)                                                 
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Feb 03             Thursday                                 Butrovich 205                   8:30 AM
+                  Overview of Therapeutic Courts                                                   
+                  Bills Previously Heard/Scheduled                                                 
                        ----------------------------------------                                   
                                                                                                    
                                    LABOR & COMMERCE                                             
                                                                                                    
Feb 03             Thursday                                         Beltz 211               1:30 PM
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 08             Tuesday                                          Beltz 211               1:30 PM
                   Commissioner Greg O'Claray                                                       
                   Department of Labor & Workforce                                                  
                   Development: Update on Training Programs                                         
                   For Alaskans in Oil/Gas/Mining Industries                                        
+= SB  52 OCCUPATIONS/CORPORATIONS/BANKS/SECURITIES                                                 
                   <Bill Hearing Rescheduled from 02/01/05>                                         
+= SB  25 GENETICALLY MODIFIED FISH                                                                 
                   <Bill Hearing Rescheduled from 02/01/05>                                         
                        ----------------------------------------                                   
                                                                                                    
                                       RESOURCES                                                 
                                                                                                    
Feb 02             Wednesday                         Senate Finance 532                   12:00 PM 
                   -- Time and Location Change --                                                   
                   Joint w/(H) Resource                                                             
                   Alaska Mining Industry Overview                                                  
                   Work Session                                                                     
                   Noon - 1:30 Meeting Time                                                         

2005-02-02                     Senate Journal                      Page 0213
                                 RESOURCES (continued)                                           
                                                                                                    
Feb 02             Wednesday                                Butrovich 205                   3:30 PM
+ SB  55 AGRICULTURAL LAND                                                                          
= SB  69 APPROP: GRANT TO ARCTIC POWER FOR ANWR                                                     
                   <Bill Hearing Rescheduled from 01/31/05>                                         
                                                                                                    
Feb 04             Friday                                   Butrovich 205                   3:30 PM
                   No Meeting Scheduled                                                             
                        ----------------------------------------                                   
                                                                                                    
                                     STATE AFFAIRS                                               
                                                                                                    
Feb 03             Thursday                                         Beltz 211               3:30 PM
+                  Overview: Department of Administration -                                         
                   Hearings and Appeals                                                             
+                  Legislative Legal Services -                                                     
                   Review Process of Department Proposed                                            
                   Regulations                                                                      
+                  Bills Previously Heard/Scheduled                                                 
                        ----------------------------------------                                   
                                                                                                    
                                     TRANSPORTATION                                              
                                                                                                    
Feb 03             Thursday                                 Butrovich 205                   1:30 PM
      SB  63 USE SEAT BELT ROAD SIGNS                                                               
                   <Bill Hearing Postponed to 02/08/05>                                             
      SB  40 KUSKOKWIM PORT AUTHORITY                                                               
                   <Bill Hearing Postponed to 02/08/05>                                             
                                                                                                    
Feb 26             Saturday                           Wasilla Lio Office                  10:00 AM 
+                  Knik Arm Bridge & Toll Authority -                                               
                   Knik Arm Crossing Project, Presentation                                          
                   by the Knik Arm Bridge and Toll Authority                                        
                   Overview and Updates on the Project                                              
                   Question and Answer Session Following                                            
                   Presentation                                                                     
                   10:00 a.m. - 11:30 a.m.                                                          
                        ----------------------------------------                                   
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-02                     Senate Journal                      Page 0214
                                 FINANCE SUBCOMMITTEES                                           
                                                                                                    
                                      CORRECTIONS                                                
                                                                                                    
Feb 03             Thursday                          Senate Finance 532                     4:00 PM
                   (For Corrections, Court System and H&SS)                                         
                   Mental Health Trust Authority                                                    
                   Presentation                                                                     
                   (Teleconferencing available upon                                                 
                   request with 24-hour notice)                                                     
                        ----------------------------------------                                   
                                                                                                    
                                      COURT SYSTEM                                               
                                                                                                    
Feb 03             Thursday                          Senate Finance 532                     4:00 PM
                   (For Corrections, Court System and H&SS)                                         
                   Mental Health Trust Authority                                                    
                   Presentation                                                                     
                   (Teleconferencing available upon                                                 
                   request with 24-hour notice)                                                     
                        ----------------------------------------                                   
                                                                                                    
                                HEALTH & SOCIAL SERVICES                                         
                                                                                                    
Feb 03             Thursday                          Senate Finance 532                     4:00 PM
                   (For Corrections, Court System and H&SS)                                         
                   Mental Health Trust Authority                                                    
                   Presentation                                                                     
                   (Teleconferencing available upon                                                 
                   request with 24-hour notice)                                                     
                        ----------------------------------------                                   
                                                                                                    
                                    JOINT COMMITTEES                                             
                                                                                                    
                            ADMINISTRATIVE REGULATION REVIEW                                     
                                                                                                    
Feb 02             Wednesday                                        Beltz 211               5:00 PM
                   -- Meeting Postponed from 1 PM to 5 PM --                                        
+                  Committee Orientation and Regulatory                                             
                   Process Overview                                                                 
                        ----------------------------------------                                   
                                                                                                    

2005-02-02                     Senate Journal                      Page 0215
                              JOINT COMMITTEES (continued)                                       
                                                                                                    
                                  LEGISLATIVE COUNCIL                                            
                                                                                                    
Feb 03             Thursday                          Senate Finance 532                   12:00 PM 
                   --Agenda to be Announced--                                                       
                        ----------------------------------------                                   
                                                                                                    
                                     OTHER MEETINGS                                              
                                                                                                    
                                   CHILDREN'S CAUCUS                                             
                                                                                                    
Feb 08             Tuesday                                  Butrovich 205                 12:00 PM 
+                  Alaska Children's Justice Act Task Force                                         
                   Reviewing Practice, Policy, and Laws on                                          
                   Child Abuse.                                                                     
                        ----------------------------------------                                   
                                                                                                    
                                     JOINT SESSION                                               
                                                                                                    
Feb 23             Wednesday                             House Chamber                    11:00 AM 
                   State of the Judiciary                                                           
                   Chief Justice Alexander O. Bryner                                                
                                                                                                    
Feb 24             Thursday                              House Chamber                    11:00 AM 
                   Address by U.S. Senator Ted Stevens                                              
                                                                                                    
Mar 30             Wednesday                             House Chamber                    11:00 AM 
                   Address by U.S. Senator Lisa Murkowski