Legislature(2005 - 2006)

2005-02-22 Senate Journal

Full Journal pdf

2005-02-22                     Senate Journal                      Page 0359
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                     Tuesday               February 22, 2005                        
                                                                                                    
                               Forty-fourth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
pro tempore Green at 11:01 a.m.                                                                     
                                                                                                    
The roll showed fourteen members present. Senators Davis, Seekins,                                  
Stedman, Ben Stevens were excused from a call of the Senate.                                        
Senators Guess, Therriault were absent.                                                             
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that                                         
Senator Guess be excused from a call of the Senate today and on                                     
February 23 and 24. Without objection, Senator Guess was excused.                                   
                                                                                                    
The prayer was offered by the Chaplain, Pastor Dan Doran of Faith                                   
Lutheran Church. Senator Hoffman moved and asked unanimous                                          
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
      Almighty God, our Heavenly Father, bless the                                                  
      representatives and senators who hold office in our state.                                    
      Bless the families that they leave behind that they will be                                   
      safe. Help guide our elected leaders to wise decisions for                                    
      the general welfare of its citizenry. With Your help guide                                    
      us to the removal of the barriers that divide that they may                                   
      crumble, that suspicions disappear, and hatreds cease.                                        
      Bless our land with honest industry, truthful education and                                   
      an honorable way of life. Save us from discord and                                            
      confusion, from pride and arrogance and from everything                                       
      that tends to divide us. When times are prosperous let our                                    
      hearts be thankful, and in troubled times do not let our                                      
      trust in You fail.                                                                            
                                                                                                    
      I ask all this through Jesus Christ, our Lord.          Amen.                                 
                                                                                                    

2005-02-22                     Senate Journal                      Page 0360
Senator Olson led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the fortieth through forty-third legislative days be                                   
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                Communications                                                   
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    
Annual Report Regarding the Progress of Each School and School                                      
District Toward High Academic Performance by All Students                                           
from Roger Sampson, Commissioner                                                                    
Department of Education and Early Development                                                       
in accordance with AS 14.03.078                                                                     
available at:                                                                                       
www.eed.state.ak.us/DOE_Rolodex/schools/ReportCard/RCSearch.cfm                                     
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SJR 6                                                                                             
The Finance Committee considered SENATE JOINT RESOLUTION NO.                                        
6 Relating to a reduction in the Federal Medical Assistance Percentage for                          
Alaskans, and urging the United States Congress to take action to prevent                           
the reduction. Signing do pass: Senators Wilken, Green, Cochairs;                                   
Senators Bunde, Hoffman, Dyson.                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
 Fiscal Note No. 3, zero, Department of Health and Social Services                                  
 Fiscal Note No. 4, zero, Department of Health and Social Services                                  
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    

2005-02-22                     Senate Journal                      Page 0361
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - AWARE Women of Distinction 2005, Joy Lyon,                                               
Kimberly Metcalfe, Jeri Museth and Laura Stats                                                      
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins,                                           
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Kerttula, Weyhrauch                                                               
                                                                                                    
Honoring - Juneau-Douglas High School Girls Soccer Team, 2004                                       
State Champions                                                                                     
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary                                     
Stevens, Therriault, Wagoner, Wilken                                                                
Representative(s) Weyhrauch, Kerttula                                                               
                                                                                                    
Honoring - Ronnie Stanford, North Slope Borough School District,                                    
Teacher of the Year                                                                                 
Representative(s) Joule                                                                             
Senator(s) Olson, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, French, Green, Hoffman, Huggins, Kookesh, Seekins, Stedman,                                  
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - The 2005 Wasilla High School Wrestling Team                                              
Representative(s) Stoltze, Gatto, Kohring, Neuman, Harris                                           
Senator(s) Huggins, Green, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Hoffman, Kookesh, Olson, Seekins, Stedman,                                     
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - The Miller Family, Junior Achievement Alaska Business                                    
Hall of Fame                                                                                        
Representative(s) McGuire                                                                           
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary                                     
Stevens, Therriault, Wagoner, Wilken                                                                
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-22                     Senate Journal                      Page 0362
Honoring - Richard Lowell, Junior Achievement Alaska Business                                       
Hall of Fame                                                                                        
Representative(s) McGuire                                                                           
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary                                     
Stevens, Therriault, Wagoner, Wilken                                                                
                                                                                                    
Honoring - Alvin H. Fleetwood, Junior Achievement Alaska Business                                   
Hall of Fame                                                                                        
Representative(s) McGuire                                                                           
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary                                     
Stevens, Therriault, Wagoner, Wilken                                                                
                                                                                                    
Honoring - Tennys Owens, Junior Achievement Alaska Business Hall                                    
of Fame                                                                                             
Representative(s) McGuire                                                                           
Senator(s) French, Green, Ben Stevens, Bunde, Cowdery, Davis,                                       
Dyson, Ellis, Elton, Hoffman, Huggins, Kookesh, Olson, Seekins,                                     
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Betty Nelson                                                                          
Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Hoffman, Huggins, Kookesh, Olson, Seekins,                                     
Stedman, Gary Stevens, Therriault, Wilken                                                           
Representative(s) Olson, Chenault                                                                   
                                                                                                    
In Memoriam - The Crew of the F/V Big Valley                                                        
Representative(s) LeDoux                                                                            
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, French, Elton, Green, Hoffman, Huggins, Kookesh,                                      
Olson, Seekins, Stedman, 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.                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-22                     Senate Journal                      Page 0363
                             Unfinished Business                                                 
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 24 and 28 and on March 2.                                     
Without objection, Senator Hoffman was excused.                                                     
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate on February 25. Without objection, Senator                                
Olson was excused.                                                                                  
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 10:45 a.m., February 23, 2005.                                    
Without objection, the Senate adjourned at 11:12 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2005                        

2005-02-22                     Senate Journal                      Page 0364
                                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 23        Wednesday                             Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 25        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Feb 22        Tuesday                   Senate Finance 532            9:00 AM                     
+= SJR  6 FEDERAL MEDICAL ASSISTANCE REDUCTION                                                      
+ HB  47 EXTEND BOARD OF REAL ESTATE APPRAISERS                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 23        Wednesday                 Senate Finance 532            9:00 AM                     
+= SB  97 SUPPLEMENTAL APPROPRIATIONS/CBR                                                           
+= SB  98 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                   
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 24        Thursday                  Senate Finance 532          10:00 AM                      
              -- Time Change --                                                                     
= SB  97 SUPPLEMENTAL APPROPRIATIONS/CBR                                                            
= SB  98 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
              -- Testimony <Invitation Only> --                                                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    

2005-02-22                     Senate Journal                      Page 0365
                             FINANCE (continued)                                                 
                                                                                                    
Feb 25        Friday                    Senate Finance 532            9:00 AM                     
+ SB  51 PUBLIC ASSISTANCE PROGRAMS                                                                 
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 23        Wednesday                       Butrovich 205           1:30 PM                     
+ SB  70 CRIMES INVOLVING CONTROLLED SUBSTANCES                                                     
+= SB  78 SENIOR CARE PROGRAM                                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 25        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Feb 22        Tuesday                         Butrovich 205           8:30 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 23        Wednesday                       Butrovich 205           8:30 AM                     
+ SB  83 TERM. PARENTAL RTS/CINA/DELINQUENCY CASES                                                  
+ SB  84 CHILD PROTECTION CONFIDENTIALITY                                                           
+ SB 109 INCREASE FINE FOR SCHOOL ZONE VIOLATIONS                                                   
                                                                                                    
Feb 24        Thursday                        Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 22        Tuesday                               Beltz 211         1:30 PM                     
              -- Meeting Time Delayed until 2:45 pm  --                                             
+ SB 105 OVERTIME WAGES FOR FLIGHT CREW                                                             
              Bills Previously Heard/Scheduled                                                      
+= SB  93 FISHING PERMIT AND VESSEL LICENSE FEES                                                    
                                                                                                    
Feb 24        Thursday                              Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                

2005-02-22                     Senate Journal                      Page 0366
                                  RESOURCES                                                      
                                                                                                    
Feb 23        Wednesday                       Butrovich 205           3:30 PM                     
+ SB  25 GENETICALLY MODIFIED FISH                                                                  
+ HJR  6 LABELING OF FISH /SHELLFISH PRODUCTS                                                       
                                                                                                    
Feb 25        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 22        Tuesday                               Beltz 211         3:30 PM                     
+ SB  39 BALLOT PROPOSITIONS AND TITLES                                                             
+ SB  95 COLLECTION OF DNA/USE OF FORCE                                                             
+ SB 104 PERMANENT FUND DIVIDEND FRAUD                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 24        Thursday                              Beltz 211         3:30 PM                     
+ SB  75 PUBLIC HEALTH DISASTERS/EMERGENCIES                                                        
+ SB 101 REVISOR'S BILL                                                                             
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Feb 22        Tuesday                         Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 24        Thursday                        Butrovich 205           1:30 PM                     
+ SB  92 AIRPORT CUSTOMER FACILITY CHARGES                                                          
+ HB 115 AIRPORT CUSTOMER FACILITY CHARGES                                                          
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
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 with                                              
              Question and Answer Session Following                                                 
              Presentation                                                                          
              10:00 a.m. - 11:30 a.m.                                                               

2005-02-22                     Senate Journal                      Page 0367
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                      COMMERCE, COMMUNITY & ECONOMIC DEV                                         
                                                                                                    
Feb 22        Tuesday                   Senate Finance 532            8:00 AM                     
              -- Meeting Postponed to 3/1/05 --                                                     
              Budget Detail                                                                         
                                                                                                    
Mar 01        Tuesday                   Senate Finance 532            8:00 AM                     
              -- Agenda Change --                                                                   
              Budget Detail & Questions - DCCED                                                     
              Mission & Measures                                                                    
                                                                                                    
Mar 08        Tuesday                   Senate Finance 532            8:00 AM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                                 CORRECTIONS                                                     
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            4:00 PM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                                 COURT SYSTEM                                                    
                                                                                                    
Feb 24        Thursday                  Senate Finance 532            3:00 PM                     
              Missions and Measures                                                                 
              and Follow-up Discussion from Previous                                                
              Hearings                                                                              
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            3:00 PM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Feb 22        Tuesday                   Senate Finance 532            5:00 PM                     
              -- Meeting Canceled --                                                                
              Missions and Measures                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2005-02-22                     Senate Journal                      Page 0368
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                          ENVIRONMENTAL CONSERVATION                                             
                                                                                                    
Feb 24        Thursday                     Fahrenkamp 203             3:00 PM                     
              Missions and Measures Overview                                                        
              Follow-up to 2/17/05 Meeting                                                          
                   ----------------------------------------                                        
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                                                                                                    
Mar 01        Tuesday                   Senate Finance 532            4:00 PM                     
              Commissioner's Department/Policy Overview                                             
                                                                                                    
Mar 03        Thursday                  Senate Finance 532            4:00 PM                     
              Department's Budget Overview                                                          
                                                                                                    
Mar 08        Tuesday                   Senate Finance 532            4:00 PM                     
              Tentative Meeting                                                                     
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            5:00 PM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                        LABOR & WORKFORCE DEVELOPMENT                                            
                                                                                                    
Feb 24        Thursday                     Fahrenkamp 203             8:15 AM                     
              Missions and Measures                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                     LAW                                                         
                                                                                                    
Feb 24        Thursday                        Butrovich 205           4:00 PM                     
              Departmental Overview: Dept of Law                                                    
              Budget Overview: Dept of Law                                                          
                                                                                                    
Mar 03        Thursday                        Butrovich 205           4:00 PM                     
              -- Agenda Change --                                                                   
              Budget Detail & Questions                                                             
              Missions & Measures                                                                   
                                                                                                    
Mar 10        Thursday                        Butrovich 205           4:00 PM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        

2005-02-22                     Senate Journal                      Page 0369
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                        MILITARY AND VETERANS AFFAIRS                                            
                                                                                                    
Feb 22        Tuesday                               Beltz 211        12:00 PM                     
              FY 06 Budget                                                                          
                   ----------------------------------------                                        
                                                                                                    
                              NATURAL RESOURCES                                                  
                                                                                                    
Feb 22        Tuesday                               Beltz 211         8:15 AM                     
+             FY 06 Budget Overview                                                                 
                                                                                                    
Mar 01        Tuesday                               Beltz 211         8:15 AM                     
              Missions and Measures                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                   REVENUE                                                       
                                                                                                    
Feb 24        Thursday                  Senate Finance 532            1:30 PM                     
              -- Agenda Change --                                                                   
              Budget Detail & Questions -                                                           
              Missions & Measures                                                                   
                                                                                                    
Mar 03        Thursday                  Senate Finance 532            1:30 PM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Feb 22        Tuesday                   Senate Finance 532            4:00 PM                     
              Commissioner's Department/Policy Overview                                             
                                                                                                    
Feb 24        Thursday                  Senate Finance 532            4:00 PM                     
              Budget Overview                                                                       
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            4:30 PM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-22                     Senate Journal                      Page 0370
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Feb 24        Thursday                           Capitol 124          1:00 PM                     
              Alaska Military Youth Academy                                                         
                                                                                                    
Mar 15        Tuesday                   Senate Finance 532            1:00 PM                     
              Presentations by General Holly and Boeing                                             
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Feb 23        Wednesday                 Senate Finance 532            5:30 PM                     
+             Alaska School District Cost Study by ISER                                             
              -- Teleconference <Invitation Only> --                                                
                                                                                                    
Feb 25        Friday                    Senate Finance 532            8:00 AM                     
+             Alaska School District Cost Study by ISER                                             
              -- Teleconference <Invitation Only> --                                                
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                       JOINT LEGISLATIVE HEALTH CAUCUS                                           
                                                                                                    
Feb 23        Wednesday                       Butrovich 205          12:00 PM                     
              "From Tooth Decay to Social Decay:                                                    
              It's All About Prevention!"                                                           
                   ----------------------------------------                                        
                                                                                                    
                                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