Legislature(2005 - 2006)

2005-03-02 Senate Journal

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2005-03-02                     Senate Journal                      Page 0431
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                   Wednesday                    March 2, 2005                       
                                                                                                    
                               Fifty-second Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:16 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senators Hoffman, Gary                                    
Stevens were excused from a call of the Senate.                                                     
                                                                                                    
The prayer was offered by the Chaplain, Pastor Tim Frega of Auke                                    
Bay Bible Church. Senator Bunde moved and asked unanimous                                           
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
      Dear Heavenly Father, Thanks for the opportunity to be                                        
      with these fine folks this week. I have thought a lot                                         
      about their families and know how much they sacrifice                                         
      to serve the people of Alaska. It was thrilling to see this                                   
      Senator's new baby on Monday. We know that all these                                          
      fine folks have family members that sacrifice to have                                         
      them serving us Alaskans. May You protect, guide and                                          
      honor their families.                                                                         
                                                                                                    
      God, we know that Jesus Christ is the author of love and                                      
      that You loved us first. With Christ being our example                                        
      may we love our families unconditionally. May we take                                         
      the time to show our appreciation to our families and                                         
      may we model for them what true love is.                                                      
                                                                                                    
      Father, I know that I can't have a growing love                                               
      relationship with my wife or children without a growing                                       
      love relationship with Jesus Christ. So encourage us to                                       
      seek that relationship with the one who is the author and                                     
      example of what true love is.                                  Amen.                          

2005-03-02                     Senate Journal                      Page 0432
Senator Guess led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Green, Acting Majority Leader, moved and asked unanimous                                    
consent that the journals for the fiftieth and fifty-first legislative days                         
be approved as certified by the Secretary. Without objection, it was so                             
ordered.                                                                                            
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 56                                                                                             
Message dated February 28 was read stating, the House has failed to                                 
recede from its amendments to CS FOR SENATE BILL NO.                                                
56(JUD), namely:                                                                                    
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          56(FIN) am H "An Act relating to criminal law and                                         
          procedure, criminal sentences, and probation and                                          
          parole; and providing for an effective date."                                             
                                                                                                    
The Speaker has appointed the following members to a Conference                                     
Committee to meet with the like committee from the Senate to                                        
consider the bills:                                                                                 
                                                                                                    
 Representative Samuels, Chair                                                                      
 Representative Coghill                                                                             
 Representative Gruenberg                                                                           
                                                                                                    
Senate members appointed February 28 (page 410):                                                    
                                                                                                    
 Senator Therriault, Chair                                                                          
 Senator Seekins                                                                                    
 Senator French                                                                                     
                                                                                                    
Message dated March 2 was read, stating the Speaker granted limited                                 
powers of free conference to the House conferees considering HOUSE                                  
CS FOR CS FOR SENATE BILL NO. 56(FIN) am H and CS FOR                                               
SENATE BILL NO. 56(JUD) on the requested specific points.                                           

2005-03-02                     Senate Journal                      Page 0433
Message dated March 2 was read, stating the House has adopted the                                   
report of the Conference Committee with limited powers of free                                      
conference considering SENATE BILL NO. 56(JUD) and HOUSE CS                                         
FOR CS FOR SENATE BILL NO. 56(FIN) am H, thus adopting:                                             
                                                                                                    
          CONFERENCE CS FOR SENATE BILL NO. 56                                                      
          "An Act relating to criminal law and procedure,                                           
          criminal sentences, and probation and parole; and                                         
          providing for an effective date."                                                         
                                                                                                    
Message dated March 1 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 158                                                                                            
HOUSE BILL NO. 158 BY THE HOUSE FINANCE COMMITTEE,                                                  
entitled:                                                                                           
                                                                                                    
              "An Act relating to the public school account and                                    
               renaming the public school account as the public                                    
          education fund; and providing for an effective date."                                     
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated February 28 was read, stating:                                                         
                                                                                                    
In accordance with AS 39.05.080, the Senate Resources Committee                                     
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
Alaska Oil and Gas Conservation Commission                                                        
     Daniel Seamount                                                                                
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individual by committee members. This does not reflect an intent by                                 
any of the members to vote for or against the individual during any                                 
further sessions.                                                                                   

2005-03-02                     Senate Journal                      Page 0434
Signing the report: Senator Wagoner, Chair; Senator Seekins, Vice                                   
Chair, Senators Dyson, Elton, Guess, Stedman, Ben Stevens.                                          
                                                                                                    
SB 51                                                                                             
The Finance Committee considered SENATE BILL NO. 51 "An Act                                         
relating to contracts for the provision of state public assistance to                               
certain recipients in the state; providing for regional public assistance                           
plans and programs in the state; relating to grants for Alaska Native                               
family assistance programs; relating to assignment of child support by                              
Alaska Native family assistance recipients; relating to paternity                                   
determinations and genetic testing involving recipients of assistance                               
under Alaska Native family assistance programs; and providing for an                                
effective date" and recommended it be replaced with                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 51(FIN)                                                            
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Olson,                                  
Dyson, Stedman.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
 Fiscal Note No. 2, Department of Health and Social Services                                        
 Fiscal Note No. 3, Department of Health and Social Services                                        
 Fiscal Note No. 4, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 67                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
67 "An Act relating to claims for personal injury or wrongful death                                 
against health care providers; and providing for an effective date."                                
Signing do pass: Senator Bunde, Chair; Senators Seekins, Ben                                        
Stevens. Signing do not pass: Senator Ellis.                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   

2005-03-02                     Senate Journal                      Page 0435
SB 87                                                                                             
The Judiciary Committee considered SENATE BILL NO. 87 "An Act                                       
relating to motor vehicle safety belt violations." Signing do pass:                                 
Senator Seekins, Chair; Senators French, Guess. Signing no                                          
recommendation: Senators Therriault, Huggins.                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
       Facilities                                                                                   
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, zero, Alaska Court System                                                       
 Fiscal Note No. 4, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 95                                                                                             
The Judiciary Committee considered SENATE BILL NO. 95 "An Act                                       
relating to the collection of, and the use of reasonable force to collect,                          
a deoxyribonucleic acid sample from persons convicted of or                                         
adjudicated delinquent for certain crimes" and recommended it be                                    
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 95(JUD) "An Act                                                    
          relating to the collection of, and the use of reasonable                                  
          force to collect, a deoxyribonucleic acid sample from                                     
          persons convicted of or adjudicated delinquent for                                        
          certain crimes; and providing for an effective date."                                     
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators French, Guess,                                    
Huggins, Therriault.                                                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Corrections                                                 
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, zero, Department of Administration                                              
 Fiscal Note No. 4, zero, Department of Public Safety                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    

2005-03-02                     Senate Journal                      Page 0436
SB 104                                                                                            
The Judiciary Committee considered SENATE BILL NO. 104 "An                                          
Act relating to the crime of misrepresenting permanent fund dividend                                
eligibility; requiring the establishment of a permanent fund dividend                               
fraud investigation unit in the Department of Revenue; and providing                                
for an effective date" and recommended it be replaced with                                          
                                                                                                    
          CS FOR SENATE BILL NO. 104(JUD) "An Act                                                   
          relating to the crimes of unsworn falsification in the                                    
          first and second degrees and false information or                                         
          report; requiring the establishment of a permanent                                        
          fund dividend fraud investigation unit in the                                             
          Department of Revenue; and providing for an                                               
          effective date."                                                                          
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators Therriault, Huggins.                              
Signing no recommendation: Senators French, Guess.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 105                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
105 "An Act relating to the retrospective application and applicability                             
of the overtime compensation exemption for flight crew members; and                                 
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
          CS FOR SENATE BILL NO. 105(L&C)                                                           
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senators Seekins, Ben                                        
Stevens. Signing amend: Senator Ellis.                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Labor and Workforce                                         
       Development                                                                                  
                                                                                                    

2005-03-02                     Senate Journal                      Page 0437
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 47                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
47(FIN) "An Act extending the termination date of the Board of                                      
Certified Real Estate Appraisers; and relating to the requirements for                              
membership on the Board of Certified Real Estate Appraisers."                                       
Signing do pass: Senators Wilken, Green, Cochairs; Senators Dyson,                                  
Stedman. Signing no recommendation: Senator Olson.                                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Commerce, Community and                                           
       Economic Development                                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 115                                                                                            
The Transportation Committee considered CS FOR HOUSE BILL                                           
NO. 115(TRA) "An Act relating to charges paid or collected by users                                 
or occupants of an airport facility owned or controlled by the state; and                           
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          115(TRA)                                                                                  
                                                                                                    
Signing no recommendation: Senator Huggins, Chair; Senator                                          
Therriault. Signing do pass: Senators French, Kookesh, Cowdery.                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
       Facilities                                                                                   
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
SB 56                                                                                             
                                                               March 2, 2005                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    

2005-03-02                     Senate Journal                      Page 0438
The Conference Committee considering HOUSE CS FOR CS FOR                                            
SENATE BILL NO. 56(FIN) am H and CS FOR SENATE BILL NO.                                             
56(JUD) "An Act relating to criminal law and procedure, criminal                                    
sentences, and probation and parole; and providing for an effective                                 
date" respectfully requests limited powers of free conference on the                                
following specific point:                                                                           
                                                                                                    
          Except in the case of an offense defined under AS                                         
          11.41 or AS 11.46.400, the defendant committed the                                        
          offense while suffering from a mental disorder or                                         
          disability, including fetal alcohol spectrum disorder,                                    
          that was insufficient to constitute a complete defense                                    
          but that significantly affected the defendant's                                           
          conduct.                                                                                  
                                                                                                    
Signing the report: Senator Therriault, Chair, Senators Seekins,                                    
French; Representative Samuels, Chair, Representatives Coghill,                                     
Gruenberg.                                                                                          
                                                                                                    
President Stevens granted the Senate members limited powers of free                                 
conference as requested.                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The following report was received and distributed at 9:20 a.m., March                               
2, 2005:                                                                                            
                                                               March 1, 2005                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered CS FOR SENATE BILL NO. 56(JUD) and                                            
HOUSE CS FOR CS FOR SENATE BILL NO. 56(FIN) am H and                                                
recommends                                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-02                     Senate Journal                      Page 0439
          CONFERENCE CS FOR SENATE BILL NO. 56                                                      
          "An Act relating to criminal law and procedure,                                           
          criminal sentences, and probation and parole; and                                         
          providing for an effective date."                                                         
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Senator Therriault, Chair, Senators Seekins,                                    
French; Representative Samuels, Chair, Representatives Coghill,                                     
Gruenberg.                                                                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 4, zero, Department of Public Safety                                               
 Fiscal Note No. 6, zero, Department of Corrections                                                 
 Fiscal Note No. 7, zero, Department of Corrections                                                 
 Fiscal Note No. 8, indeterminate, Department of Administration                                     
 Fiscal Note No. 9, indeterminate, Department of Administration                                     
 Fiscal Note No. 10, indeterminate, Alaska Court System                                             
                                                                                                    
Senator Green, Acting Majority Leader, moved that the Senate adopt                                  
the Conference Committee Report on CONFERENCE CS FOR                                                
SENATE BILL NO. 56.                                                                                 
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                                               
56 "An Act relating to criminal law and procedure, criminal sentences,                              
and probation and parole; and providing for an effective date"?" The                                
roll was taken with the following result:                                                           
                                                                                                    
CCS SB 56                                                                                           
Adopt Conference Committee Report?                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Hoffman, Stevens G                                                                        
                                                                                                    
and so, the report was adopted.                                                                     

2005-03-02                     Senate Journal                      Page 0440
Senator Green, Acting Majority Leader, moved and asked unanimous                                    
consent that the vote on the adoption of the conference committee                                   
report be considered the vote on the effective date clause. Without                                 
objection, it was so ordered.                                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for engrossment and enrollment.                              
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 123                                                                                            
SENATE BILL NO. 123 BY SENATOR DYSON, entitled:                                                     
                                                                                                    
          "An Act relating to labor and sex trafficking."                                           
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 124                                                                                            
SENATE BILL NO. 124 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to requirements to obtain and                                            
          maintain a fisheries business license; relating to                                        
          security required of fish processors and primary fish                                     
          buyers; and providing for an effective date."                                             
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Revenue                                                           
 Fiscal Note No. 2, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
 Fiscal Note No. 3, zero, Department of Fish and Game                                               
 Fiscal Note No. 4, zero, Department of Labor and Workforce                                         
       Development                                                                                  
 Fiscal Note No. 5, zero, Department of Labor and Workforce                                         
       Development                                                                                  

2005-03-02                     Senate Journal                      Page 0441
Governor's transmittal letter dated March 1:                                                        
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill recommending changes to the requirements to                                     
obtain and maintain a fisheries business license and to the bonding                                 
requirements for fish processors and primary fish buyers.                                           
                                                                                                    
This bill proposes to require, as a condition of obtaining and                                      
maintaining a fisheries business license under AS 43.75.020, an                                     
acknowledgment of the obligation to pay the taxes levied under AS 43,                               
Alaska Seafood Marketing Institute (ASMI) assessments under                                         
AS 16.51, employment security contributions under AS 23.20, and                                     
Alaska Occupational, Safety, and Health Administration (OSHA) fines                                 
under AS 18.60.  The bill proposes denying an applicant a fisheries                                 
business license until the applicant has paid in full all of those same                             
taxes, assessments, contributions, and fines that are outstanding.                                  
                                                                                                    
The bill also would repeal and reenact AS 44.25.040, which requires                                 
the filing of a performance bond by fish processors and primary fish                                
buyers.  Under the bill, the performance bond would be more                                         
accessible for collection of claims by the Department of Labor and                                  
Workforce Development (DLWD) for unpaid employment security                                         
contributions.  The bill would achieve this by providing a process for                              
the DLWD to file directly with the commissioner of revenue a claim                                  
against the bond instead of obtaining a court judgment against the                                  
bond.  However, this bill would preserve the existing statutory priority                            
for use of the bond to pay fishermen and employees first.  To achieve                               
this, the DLWD would be obligated to return money collected from                                    
the bond if the processor or buyer does not replenish the bond and a                                
fisherman or employee has obtained a final judgment against the bond.                               
                                                                                                    
Additionally, the bill would provide that if a bond is depleted by the                              
DLWD's claim, the fish processor or fish buyer would be subjected to                                
an increased bonding requirement (the bill would preserve the existing                              
increased bonding requirement in the case of a final court judgment                                 
against the bond).                                                                                  
                                                                                                    
                                                                                                    

2005-03-02                     Senate Journal                      Page 0442
Last, the bill proposes to prevent the use of real property as a bond                               
substitute if the fish processor or fish buyer has been subjected to an                             
increased bonding requirement or if a final judgment has been                                       
obtained against the bond in the preceding five years.                                              
                                                                                                    
My purpose in introducing changes to the licensing requirements is to                               
prevent the licensure of a fisheries business that has demonstrated that                            
it is, and remains, unwilling to pay its taxes, ASMI assessments,                                   
employment security contributions, or OSHA fines.  My purpose in                                    
introducing changes to the bonding requirements is to expedite the                                  
collection of unpaid unemployment insurance contributions by the                                    
DLWD and to make the bonding amount more representative of the                                      
risk of nonpayment posed to fishermen and employees who work for                                    
these bonded fish processors and buyers.                                                            
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 125                                                                                            
SENATE BILL NO. 125 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
     "An Act relating to the licensing, regulation, enforcement,                                    
     and appeal rights of ambulatory surgical centers, assisted                                     
     living homes, child care facilities, child placement                                           
     agencies, foster homes, free-standing birth centers, home                                      
     health agencies, hospices or agencies providing hospice                                        
     services, hospitals, intermediate care facilities for the                                      
     mentally retarded, maternity homes, nursing facilities,                                        
     residential child care facilities, residential psychiatric                                     
     treatment centers, and rural health clinics; relating to                                       
     criminal history requirements, and a registry, regarding                                       
     certain licenses, certifications, approvals, and                                               
     authorizations by the Department of Health and Social                                          
     Services; making conforming amendments; and providing                                          
     for an effective date."                                                                        

2005-03-02                     Senate Journal                      Page 0443
was read the first time and referred to the Health, Education and Social                            
Services, Judiciary and Finance Committees.                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Law                                                               
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
                                                                                                    
Governor's transmittal letter dated March 1:                                                        
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to consolidating the licensing functions of                            
the Department of Health and Social Services (DHSS).                                                
                                                                                                    
Executive Order No. 108, which took effect in 2003, reorganized the                                 
DHSS in an effort to streamline functions and make services more                                    
efficient and cost effective.  As part of that reorganization, DHSS is                              
consolidating all of its licensing functions.                                                       
                                                                                                    
Currently, there are at least 12 different statutory schemes for the                                
licensure of different entities by the DHSS.  The complexity of the                                 
existing statutes and regulations and the absence of any clear rationale                            
for the wide variation in standards for licensing, enforcement, and                                 
appeals has resulted in a very burdensome and bureaucratic system.                                  
The proposed bill will streamline the licensing process so that the                                 
functions are administered in a much more efficient and cost-effective                              
manner by consolidating virtually all of the licensing functions related                            
to standards, enforcement, and appeal rights into a single chapter of                               
the Alaska Statutes.                                                                                
                                                                                                    
In addition, the bill requires the DHSS to implement a single,                                      
consolidated background check process across all of its programs with                               
the goal of reducing the risk of abuse and neglect of vulnerable clients.                           
                                                                                                    
In December 2004, the DHSS was awarded a $4.9 million federal                                       
grant to conduct background checks for any new worker with direct                                   
patient care duties in nursing homes and other long-term care                                       
facilities, and to establish a comprehensive training program that will                             
meet the unique needs of workers in Alaska's long-term care system.                                 
This grant, in conjunction with the provisions of the legislation I am                              
proposing today will:                                                                               

2005-03-02                     Senate Journal                      Page 0444
                                                                                                    
     · Improve monitoring and enforcement of life, health, and                                      
          safety regulations for all DHSS long term-care programs.                                  
                                                                                                    
     · Extend background checks and fitness determinations to all                                   
          staff serving vulnerable populations.                                                     
                                                                                                    
     · Improve the overall safety and security of vulnerable                                        
          individuals in state licensed and certified long-term care                                
          programs.                                                                                 
                                                                                                    
Finally, this bill contemplates that at the same time that the statutory                            
changes would take effect, DHSS would have adopted regulations to                                   
implement these statutory changes.  It is anticipated that the resulting                            
regulations would further achieve the goal of efficiency and cost                                   
effectiveness.                                                                                      
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 126                                                                                            
SENATE BILL NO. 126 BY SENATOR STEDMAN, entitled:                                                   
                                                                                                    
              "An Act relating to aquatic farming; and providing                                   
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Judiciary and Resources                                 
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 95                                                                                             
SENATE BILL NO. 95 "An Act relating to the collection of, and the                                   
use of reasonable force to collect, a deoxyribonucleic acid sample                                  
from persons convicted of or adjudicated delinquent for certain                                     
crimes" was read the second time.                                                                   

2005-03-02                     Senate Journal                      Page 0445
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 435.                                 
Senator Seekins moved and asked unanimous consent to withdraw his                                   
motion. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Green, Acting Majority Leader, moved and asked unanimous                                    
consent that SENATE BILL NO. 95 be returned to the Rules                                            
Committee. Without objection, the bill was returned to the Rules                                    
Committee.                                                                                          
                                                                                                    
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SJR 6                                                                                             
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, was                                 
read the second time.                                                                               
                                                                                                    
Senator Green, Acting Majority Leader, moved and asked unanimous                                    
consent that the resolution be considered engrossed, advanced to third                              
reading and placed on final passage. Without objection, it was so                                   
ordered.                                                                                            
                                                                                                    
SENATE JOINT RESOLUTION NO. 6 was read the third time.                                              
                                                                                                    
The question being: "Shall 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, pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
SJR 6                                                                                               
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                        
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Hoffman, Stevens G                                                                        

2005-03-02                     Senate Journal                      Page 0446
                                                                                                    
and so, SENATE JOINT RESOLUTION NO. 6 passed the Senate and                                         
was referred to the Secretary for engrossment.                                                      
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Alaska Broadcasters Association                                                          
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Life Achievements of Robert C. "Bob" Reeve                                               
Representative(s) Hawker, Samuels                                                                   
Senator(s) Bunde, Cowdery, Ben Stevens, Davis, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Specialist Lennin Castellon, Fort Wainwright's Soldier of                                
the Year                                                                                            
Representative(s) Ramras, Coghill, Guttenberg, Harris, Holm, Kelly,                                 
Salmon                                                                                              
Senator(s) Seekins, Therriault, Wilken, Ben Stevens, Bunde, Cowdery,                                
Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins,                                         
Kookesh, Olson, Stedman, Gary Stevens, Wagoner                                                      
                                                                                                    
In Memoriam - Anthony "Tony" Arthur Morrison                                                        
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
Representative(s) LeDoux                                                                            
                                                                                                    
Senator Green, Acting Majority Leader, moved and asked unanimous                                    
consent that the citations be adopted. Without objection, the citations                             
were adopted and referred to the Secretary for transmittal.                                         
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 36                                                                                             
The reconsideration on CS FOR SENATE BILL NO. 36(JUD) "An                                           
Act relating to absentee ballots" was not taken up this legislative day                             
and the bill was referred to the Secretary for engrossment.                                         

2005-03-02                     Senate Journal                      Page 0447
SB 118                                                                                            
Senators Bunde, Dyson, Elton, Ellis, Guess, Cowdery, Therriault,                                    
Olson, Stedman, Ben Stevens, Seekins, Wagoner, Davis, Green,                                        
Huggins moved and asked unanimous consent to be shown as                                            
cosponsors on SENATE BILL NO. 118 "An Act relating to online                                        
enticement of minors." Without objection, it was so ordered.                                        
                                                                                                    
SB 119                                                                                            
Senators Bunde, Dyson, Huggins, Seekins, Wilken, Davis, Elton, Ellis,                               
Green, Olson, Stedman, Cowdery, Guess, Therriault moved and asked                                   
unanimous consent to be shown as cosponsors on SENATE BILL NO.                                      
119 "An Act relating to dissemination of indecent material to minors."                              
Without objection, it was so ordered.                                                               
                                                                                                    
SB 117                                                                                            
Senators Bunde, Dyson, Huggins, Wagoner, Elton, Ellis, Davis,                                       
Guess, Stedman, Olson moved and asked unanimous consent to be                                       
shown as cosponsors on SENATE BILL NO. 117 "An Act relating to                                      
the admissibility into evidence of the prior recorded statement of a                                
crime victim less than 16 years of age; and adding Rule 413, Alaska                                 
Rules of Evidence, and amending Rules 402 and 403, Alaska Rules of                                  
Evidence." Without objection, it was so ordered.                                                    
                                                                                                    
SB 120                                                                                            
Senators Wagoner, Dyson, Stedman moved and asked unanimous                                          
consent to be shown as cosponsors on SENATE BILL NO. 120 "An                                        
Act exempting the state and its political subdivisions from daylight                                
saving time." Without objection, it was so ordered.                                                 
                                                                                                    
SB 104                                                                                            
Senators Therriault, Bunde, Wilken, Stedman, Cowdery, Guess, Elton,                                 
Kookesh, Wagoner moved and asked unanimous consent to be shown                                      
as cosponsors on SENATE BILL NO. 104 "An Act relating to the                                        
crime of misrepresenting permanent fund dividend eligibility;                                       
requiring the establishment of a permanent fund dividend fraud                                      
investigation unit in the Department of Revenue; and providing for an                               
effective date." Without objection, it was so ordered.                                              
                                                                                                    
Senator Wagoner moved and asked unanimous consent to be excused                                     
from a call of the Senate from morning plane time, March 9 through                                  
afternoon plane time, March 14. Without objection, Senator Wagoner                                  
was excused.                                                                                        

2005-03-02                     Senate Journal                      Page 0448
Senator Seekins moved and asked unanimous consent to be excused                                     
from a call of the Senate from afternoon plane time, March 4 through                                
morning plane time, March 7 and from morning plane time, March 11                                   
through afternoon plane time, March 15. Without objection, Senator                                  
Seekins was excused.                                                                                
                                                                                                    
Senator Kookesh moved and asked unanimous consent to be excused                                     
from a call of the Senate from morning plane time, March 15 through                                 
evening plane time, March 20. Without objection, Senator Kookesh                                    
was excused.                                                                                        
                                                                                                    
Senator Therriault moved and asked unanimous consent to be excused                                  
from a call of the Senate to morning plane time on March 7 and from                                 
plane time, March 8 through plane time, March 13. Without objection,                                
Senator Therriault was excused.                                                                     
                                                                                                    
Memorandum dated February 28 was received, stating President                                        
Stevens made the following appointments:                                                            
                                                                                                    
Energy Council                                                                                    
     Senator Dyson, Executive Committee Member                                                      
     Senator Therriault, Executive Committee Member                                                 
 Senator Davis, At-Large Member                                                                     
 Senator Wagoner, At-Large Member                                                                   
                                                                                                    
Memorandum dated March 1 was received, stating President Stevens                                    
made the following appointments:                                                                    
                                                                                                    
Suicide Prevention Council                                                                        
     Senator Ben Stevens                                                                            
 Senator Elton                                                                                      
                                                                                                    
Memorandum dated March 1 was received, stating President Stevens                                    
made the following appointments:                                                                    
                                                                                                    
Homeland Security and Emergency Management Subcommittee                                           
 Senator Ben Stevens                                                                                
 Senator Dyson                                                                                      
 Senator Huggins                                                                                    
 Senator Gary Stevens                                                                               

2005-03-02                     Senate Journal                      Page 0449
Memorandum dated March 1 was received, stating President Stevens                                    
made the following appointments in accordance with AS 24.20.650:                                    
                                                                                                    
Joint Armed Services Committee (public members)                                                   
 Tom Case                                                                                           
 Jake Lestenkof                                                                                     
 Frank Love                                                                                         
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 36                                                                                             
CS FOR SENATE BILL NO. 36(JUD) "An Act relating to absentee                                         
ballots" was engrossed, signed by the President and Secretary and                                   
transmitted to the House for consideration.                                                         
                                                                                                    
SJR 6                                                                                             
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, was                                 
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Green, Acting Majority Leader, moved and asked unanimous                                    
consent that the Senate stand in adjournment until 11:00 a.m.,                                      
March 3, 2005. Without objection, the Senate adjourned at 11:48 a.m.                                
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2005                         

2005-03-02                     Senate Journal                      Page 0450
                                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                                            
                                                                                                    
Mar 02        Wednesday                             Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 04        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 02        Wednesday                 Senate Finance 532            8:00 AM                     
+             Key Campaign Presentation by                                                          
              Key Coalition of Alaska                                                               
              - Televised in House Speaker's Chambers -                                             
                                                                                                    
Mar 02        Wednesday                 Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 03        Thursday                  Senate Finance 532            9:00 AM                     
+= SB  97 SUPPLEMENTAL APPROPRIATIONS/CBR                                                           
+= SB  98 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                   
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 04        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-02                     Senate Journal                      Page 0451
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 02        Wednesday                       Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 04        Friday                          Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Mar 02        Wednesday                       Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 03        Thursday                        Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Mar 03        Thursday                              Beltz 211         1:30 PM                     
              Confirmation Hearings:                                                                
              Alaska State Board of Public Accountancy-                                             
              Max E. Mertz - Juneau                                                                 
              Catherine L. Wilson - Tok                                                             
              Regulatory Commission of Alaska -                                                     
              Anthony A. Price - Anchorage                                                          
+ HB  15 LIQUOR LICENSES: OUTDOOR REC. LODGE/BARS                                                   
+ HB  90 STATE TREASURY WARRANTS                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Mar 02        Wednesday                       Butrovich 205           3:30 PM                     
+ SB  53 AK PENINSULA OIL & GAS LEASE SALE; TAXES                                                   
+ SB 110 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL                                                  
                                                                                                    
Mar 04        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-02                     Senate Journal                      Page 0452
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 03        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                        ----------------------------------------                                    
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Mar 03        Thursday                        Butrovich 205           1:30 PM                     
+= SB  40 KUSKOKWIM PORT AUTHORITY                                                                  
+             Bills Previously Heard/Scheduled                                                      
                        ----------------------------------------                                    
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                ADMINISTRATION                                                   
                                                                                                    
Mar 03        Thursday                     Fahrenkamp 203             5:30 PM                     
              FY 06 Budget Review                                                                   
                        ----------------------------------------                                    
                                                                                                    
                      COMMERCE, COMMUNITY & ECONOMIC DEV                                         
                                                                                                    
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                                                    
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            3:00 PM                     
              Budget Closeout                                                                       
                        ----------------------------------------                                    
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Mar 02        Wednesday                 Senate Finance 532            2:00 PM                     
              -- Rescheduled from 03/01/05 --                                                       
              Missions & Measures                                                                   
                        ----------------------------------------                                    
                                                                                                    

2005-03-02                     Senate Journal                      Page 0453
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                          ENVIRONMENTAL CONSERVATION                                             
                                                                                                    
Mar 03        Thursday                     Fahrenkamp 203             3:00 PM                     
              Missions and Measures Overview                                                        
              Follow-up to 2/17/05 Meeting                                                          
                   ----------------------------------------                                        
                                                                                                    
                                 FISH & GAME                                                     
                                                                                                    
Mar 07        Monday                       Fahrenkamp 203             1:30 PM                     
              Missions and Measures                                                                 
                   ----------------------------------------                                        
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                                                                                                    
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                                            
                                                                                                    
Mar 03        Thursday                     Fahrenkamp 203             8:15 AM                     
              Missions and Measures Discussion                                                      
                   ----------------------------------------                                        
                                                                                                    
                                     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                                                                       
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-02                     Senate Journal                      Page 0454
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                        MILITARY AND VETERANS AFFAIRS                                            
                                                                                                    
Mar 04        Friday                                Beltz 211         7:30 AM                     
              -- Rescheduled to 03/07/05 --                                                         
              FY 06 Budget Review                                                                   
                                                                                                    
Mar 07        Monday                                Beltz 211         5:30 PM                     
              -- Rescheduled from 03/04/05 --                                                       
              FY 06 Budget Review                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                PUBLIC SAFETY                                                    
                                                                                                    
Mar 03        Thursday                     Fahrenkamp 203            12:00 PM                     
              FY 06 Budget Review                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                   REVENUE                                                       
                                                                                                    
Mar 03        Thursday                  Senate Finance 532            1:30 PM                     
              -- Meeting Postponed to 03/10/05 --                                                   
              Budget Closeout                                                                       
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            1:30 PM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            4:30 PM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Mar 03        Thursday                           Capitol 106          3:00 PM                     
              Hearing on Assisted Living Regulations                                                
              That Were Adopted June 2004                                                           
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-02                     Senate Journal                      Page 0455
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Mar 15        Tuesday                   Senate Finance 532            1:00 PM                     
              Presentations by General Holly and Boeing                                             
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Mar 02        Wednesday                 Senate Finance 532           12:00 PM                     
              Legislative Council Meeting                                                           
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Mar 07        Monday                          Butrovich 205          12:00 PM                     
              -- Note Date Change --                                                                
+             Presentation: Family Wellness Warriors                                                
              with the Southcentral Foundation, an                                                  
              Alaska Native Healthcare Organization                                                 
                   ----------------------------------------                                        
                                                                                                    
                                 FISH CAUCUS                                                     
                                                                                                    
Mar 03        Thursday                        Butrovich 205          12:00 PM                     
              Harbor Maintenance Funding Issues                                                     
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Mar 30        Wednesday                    House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski