Legislature(2005 - 2006)

2005-02-23 Senate Journal

Full Journal pdf

2005-02-23                     Senate Journal                      Page 0371
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                   Wednesday               February 23, 2005                        
                                                                                                    
                               Forty-fifth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
pro tempore Green at 10:46 a.m.                                                                     
                                                                                                    
The roll showed fourteen members present. Senators Guess, Ben                                       
Stevens were excused from a call of the Senate. Senators Bunde,                                     
Cowdery, Hoffman, Wilken were absent.                                                               
                                                                                                    
The prayer was offered by the Chaplain, Pastor Dan Doran of the Faith                               
Lutheran Church.                                                                                    
                                                                                                    
Senator Kookesh led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the forty-fourth legislative day be approved as certified by                            
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
The presence of Senator Bunde was noted.                                                            
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated February 22 was read, stating the House passed and                                    
transmitted for consideration:                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-23                     Senate Journal                      Page 0372
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 15                                                                                             
CS FOR HOUSE BILL NO. 15(L&C) am BY THE HOUSE LABOR                                                 
AND COMMERCE COMMITTEE, entitled:                                                                   
                                                                                                    
          "An Act relating to outdoor recreation lodge                                              
          alcoholic beverage licenses; relating to transfer of                                      
          certain beverage dispensary licenses issued before                                        
          June 6, 1985; and providing for an effective date."                                       
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 93                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
93 "An Act relating to commercial fishing permit and vessel license                                 
fees; and providing for an effective date." Signing no                                              
recommendation: Senator Bunde, Chair; Senators Davis, Ellis,                                        
Seekins.                                                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Fish and Game                                      
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 112                                                                                            
SENATE BILL NO. 112 BY SENATORS BUNDE, Wilken, entitled:                                            
                                                                                                    
               "An Act imposing a tax on residents of regional                                     
              educational attendance areas; and providing for an                                   
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     

2005-02-23                     Senate Journal                      Page 0373
                                                                                                    
The presence of Senators Hoffman, Cowdery was noted.                                                
                                                                                                    
SB 113                                                                                            
SENATE BILL NO. 113 BY SENATOR BEN STEVENS BY                                                       
REQUEST, entitled:                                                                                  
                                                                                                    
               "An Act relating to entry into and management of                                    
          Gulf of Alaska groundfish fisheries."                                                     
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 114                                                                                            
SENATE BILL NO. 114 BY THE SENATE COMMUNITY AND                                                     
REGIONAL AFFAIRS COMMITTEE, entitled:                                                               
                                                                                                    
               "An Act relating to consolidating or abolishing                                     
          certain service areas in second class boroughs."                                          
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs Committee.                                                                                  
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in recess to the Joint Session. Without objection, the                                 
Senate recessed at 10:50 a.m.                                                                       
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                          Joint Session in the House                                             
                                                                                                    
Speaker Harris called the House to order and in accordance with                                     
Uniform Rule 51 turned the gavel over to President pro tempore                                      
Green, who called the Joint Session to order at 11:07 a.m.                                          
                                                                                                    
                                                                                                    

2005-02-23                     Senate Journal                      Page 0374
The purpose of the Joint Session was to hear an address by the                                      
Honorable Chief Justice Alexander O. Bryner.                                                        
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
roll call of the Senate be waived and all members be shown as present.                              
Without objection, it was so ordered.                                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call of the House be waived and all members be shown as present.                               
Without objection, it was so ordered.                                                               
                                                                                                    
President pro tempore Green appointed Representative McGuire and                                    
Senator Seekins to escort Chief Justice Bryner to the Joint Session.                                
                                                                                                    
The Senate Sergeant at Arms, Eric Huckaba, announced Chief Justice                                  
Bryner's entrance to the House Chamber.                                                             
                                                                                                    
The Honorable Chief Justice Alexander O. Bryner was escorted to the                                 
rostrum and welcomed by President pro tempore Green.                                                
                                                                                                    
Chief Justice Bryner delivered his address. This address appears in                                 
Senate and House Joint Journal Supplement No. 3.                                                    
                                                                                                    
The Chief Justice received a standing ovation and was escorted from                                 
the chamber by Senator Seekins and Representative McGuire.                                          
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Joint Session stand in adjournment. Without objection, President pro                                
tempore Green adjourned the Joint Session at 11:39 a.m.                                             
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                                In the Senate                                                    
                                                                                                    
The Senate reconvened at 11:43 a.m.                                                                 
                                                                                                    
The presence of Senator Wilken was noted.                                                           
                                                                                                    
                                                                                                    

2005-02-23                     Senate Journal                      Page 0375
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 90                                                                                             
SENATE BILL NO. 90 "An Act relating to Alaska Territorial Guard                                     
Day" was read the second time.                                                                      
                                                                                                    
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Committee Substitute offered on page                                  
338. Senator Ellis objected, then withdrew his objection. There being                               
no further objection, CS FOR SENATE BILL NO. 90(STA) was                                            
adopted.                                                                                            
                                                                                                    
Senator Therriault moved and asked unanimous consent that the State                                 
Affairs Committee Letter of Intent offered on page 338 be adopted as                                
a Senate Letter of Intent. Without objection, the Senate Letter of Intent                           
was adopted.                                                                                        
                                                                                                    
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.                                                
                                                                                                    
CS FOR SENATE BILL NO. 90(STA) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 90(STA)                                           
"An Act relating to Alaska Territorial Guard Day" pass the Senate?"                                 
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 90(STA)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens G,                                      
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Guess, Stevens B                                                                          
                                                                                                    
and so, CS FOR SENATE BILL NO. 90(STA) passed the Senate and                                        
was referred to the Secretary for engrossment with a Senate Letter of                               
Intent.                                                                                             

2005-02-23                     Senate Journal                      Page 0376
Senators French, Wagoner moved and asked unanimous consent to be                                    
shown as cosponsors on the bill. Without objection, it was so ordered.                              
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Kookesh moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 28, from morning plane time to                                
evening plane time. Without objection, Senator Kookesh was excused.                                 
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 90                                                                                             
CS FOR SENATE BILL NO. 90(STA) "An Act relating to Alaska                                           
Territorial Guard Day" was engrossed, signed by the President and                                   
Secretary and transmitted to the House for consideration with a Senate                              
Letter of Intent.                                                                                   
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 10:45 a.m., February 24, 2005.                                    
Without objection, the Senate adjourned at 11:55 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                             September 2006                         

2005-02-23                     Senate Journal                      Page 0377
                                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 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            9:00 AM                     
              -- Time Change --                                                                     
= SB  97 SUPPLEMENTAL APPROPRIATIONS/CBR                                                            
= SB  98 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
              -- Testimony <Invitation Only> --                                                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 25        Friday                    Senate Finance 532            9:00 AM                     
+ SB  51 PUBLIC ASSISTANCE PROGRAMS                                                                 
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    

2005-02-23                     Senate Journal                      Page 0378
                     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 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 24        Thursday                              Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
                   ----------------------------------------                                        
                                                                                                    
                                  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 24        Thursday                              Beltz 211         3:30 PM                     
+ SB  75 PUBLIC HEALTH DISASTERS/EMERGENCIES                                                        
+ SB 101 REVISOR'S BILL                                                                             
              Bills Previously Heard/Scheduled                                                      

2005-02-23                     Senate Journal                      Page 0379
                                TRANSPORTATION                                                   
                                                                                                    
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.                                                               
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                ADMINISTRATION                                                   
                                                                                                    
Mar 03        Thursday                     Fahrenkamp 203             5:30 PM                     
              FY 06 Budget Review                                                                   
                   ----------------------------------------                                        
                                                                                                    
                      COMMERCE, COMMUNITY & ECONOMIC DEV                                         
                                                                                                    
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                                                                       
                   ----------------------------------------                                        

2005-02-23                     Senate Journal                      Page 0380
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                 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                                                                       
                   ----------------------------------------                                        
                                                                                                    
                          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                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2005-02-23                     Senate Journal                      Page 0381
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                     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                                                                       
                   ----------------------------------------                                        
                                                                                                    
                        MILITARY AND VETERANS AFFAIRS                                            
                                                                                                    
Mar 04        Friday                                Beltz 211         7:30 AM                     
              FY 06 Budget Review                                                                   
                   ----------------------------------------                                        
                                                                                                    
                              NATURAL RESOURCES                                                  
                                                                                                    
Mar 01        Tuesday                               Beltz 211         8:15 AM                     
              Missions and Measures                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                PUBLIC SAFETY                                                    
                                                                                                    
Mar 03        Thursday                     Fahrenkamp 203            12:00 PM                     
              FY 06 Budget Review                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                   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                                                                       

2005-02-23                     Senate Journal                      Page 0382
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Feb 24        Thursday                  Senate Finance 532            4:00 PM                     
              Budget Overview                                                                       
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            4:30 PM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                               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!"                                                           
                   ----------------------------------------                                        
                                                                                                    

2005-02-23                     Senate Journal                      Page 0383
                                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