Legislature(2005 - 2006)

2005-03-14 Senate Journal

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2005-03-14                     Senate Journal                      Page 0581
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                     Monday                    March 14, 2005                       
                                                                                                    
                               Sixty-fourth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 12:07 p.m.                                                                               
                                                                                                    
The roll showed sixteen members present. Senators Green, Hoffman,                                   
Seekins, Wagoner were excused from a call of the Senate.                                            
                                                                                                    
The prayer was offered by the Chaplain, President Garth Hamblin of                                  
the Church of Jesus Christ of Latter Day Saints. Senator Olson moved                                
and asked unanimous consent that the prayer be spread. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
          Our Father in Heaven,                                                                     
                                                                                                    
          We are grateful for our blessings. We are mindful of                                      
          the beauty and bounty that is this great land.                                            
                                                                                                    
          We are thankful for those that serve here. We pray                                        
          that Thou would bless them in their deliberations as                                      
          they seek to consider the needs of all Alaskans.                                          
          We're mindful of the commotion that is in our world                                       
          and pray that Thou would bless us to be instruments                                       
          and authors of peace.                                                                     
                                                                                                    
          I pray for these things in the name of Thy son, Jesus                                     
 Christ.                                                                Amen.                      
                                                                                                    
Senator Wilken led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    

2005-03-14                     Senate Journal                      Page 0582
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the sixtieth through sixty-third legislative days be                                   
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 63                                                                                             
The Finance Committee considered SENATE BILL NO. 63 "An Act                                         
relating to road signs encouraging the use of safety belts." Signing do                             
pass: Senator Wilken, Cochair; Senators Olson, Dyson, Stedman.                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Transportation                                     
       and Public Facilities                                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 15                                                                                             
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 15(L&C) am "An Act relating to outdoor recreation lodge                                    
alcoholic beverage licenses; relating to transfer of certain beverage                               
dispensary licenses issued before June 6, 1985; and providing for an                                
effective date." Signing do pass: Senator Bunde, Chair; Senator                                     
Seekins. Signing no recommendation: Senator Ellis.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
 Fiscal Note No. 2, Department of Public Safety                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 90                                                                                             
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
90 "An Act requiring warrants drawn by the Department of                                            
Administration against the state treasury to be negotiable instruments."                            
Signing do pass: Senator Bunde, Chair; Senators Ellis, Seekins.                                     

2005-03-14                     Senate Journal                      Page 0583
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the State Affairs Committee.                                               
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 141                                                                                            
SENATE BILL NO. 141 BY THE SENATE FINANCE                                                           
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to the teachers' and public                                              
          employees' retirement systems and creating defined                                        
          contribution and health reimbursement plans for                                           
          members of the teachers' retirement system and the                                        
          public employees' retirement system who are first                                         
          hired after July 1, 2005; establishing the Alaska                                         
          Retirement Management Board to replace the Alaska                                         
          State Pension Investment Board, the Alaska Teachers'                                      
          Retirement Board, and the Public Employees'                                               
          Retirement Board; adding appeals of the decisions of                                      
          the administrator of the teachers' and public                                             
          employees' retirement systems to the jurisdiction of                                      
          the office of administrative hearings; and providing                                      
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 115                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 115(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 115(FIN) "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" pass the Senate?" The roll was taken                               
with the following result:                                                                          

2005-03-14                     Senate Journal                      Page 0584
                                                                                                    
SCS CSHB 115(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  0   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess,                                   
Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G, Therriault,                                 
Wilken                                                                                              
                                                                                                    
Excused:  Green, Hoffman, Seekins, Wagoner                                                          
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 115(FIN)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Brittany Heck of Wasilla, 2005 Prudential Spirit of                                      
Community Award                                                                                     
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Jason Hamlin and Sears, Greater Wasilla Chamber of                                       
Commerce, Corporate Business of the Year                                                            
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Kevin Priestley of Palmer, 2005 Prudential Spirit of                                     
Community Award                                                                                     
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton,  Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                  
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
                                                                                                    

2005-03-14                     Senate Journal                      Page 0585
Honoring - The Tsunami Relief Done by Members of the Air Force's                                    
 rd                                                                                                 
3 Wing and Elmendorf Air Force Base                                                                 
Representative(s) Berkowitz                                                                         
Senator(s) French, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                     
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Libby Roderick, Activist and Artist                                                      
Representative(s) Berkowitz                                                                         
Senator(s) French, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                     
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - The Mat-Su Miners, 2004 Alaska Baseball League                                           
Champions                                                                                           
Representative(s) Stoltze, Gatto, Kohring, Neuman                                                   
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
EO 113                                                                                            
In accordance with AS 24.08.210, action was not taken on the                                        
following Executive Order and it was returned to the Governor's                                     
Office at 8:50 a.m., March 14, 2005:                                                                
                                                                                                    
          Transferring all functions from the                                                       
          Telecommunications Information Council to the                                             
          Department of Administration and the Office of the                                        
          Governor .                                                                                
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        

2005-03-14                     Senate Journal                      Page 0586
                                 Engrossment                                                     
                                                                                                    
HB 115                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 115(FIN) "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" was engrossed, signed by the President and Secretary and                                      
returned to the House for consideration.                                                            
                                                                                                    
                                                                                                    
                          Engrossment and Enrollment                                             
                                                                                                    
SB 56                                                                                             
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" was engrossed and                                      
enrolled, signed by the President and Secretary, Speaker and Chief                                  
Clerk and the engrossed and enrolled copies transmitted to the Office                               
of the Governor at 4:00 p.m., March 14, 2005.                                                       
                                                                                                    
Memorandum from the Division of Legal and Research Services,                                        
Legislative Affairs Agency, reporting the following manifest errors in                              
CONFERENCE CS FOR SENATE BILL NO. 56 which have been                                                
corrected in enrolling:                                                                             
                                                                                                    
Page 8, line 7:                                                                                     
     Delete ","                                                                                     
     Insert "and [,]"                                                                           
                                                                                                    
Page 22, line 15:                                                                                   
     Delete "defendant"                                                                             
     Insert "prisoner"                                                                              
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., March 16, 2005.                                       
Without objection, the Senate adjourned at 12:34 p.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2005                         

2005-03-14                     Senate Journal                      Page 0587
                                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 14        Monday                                Beltz 211         1:30 PM                     
+ SB 102 COASTAL MANAGEMENT PROGRAMS                                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 16        Wednesday                             Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 18        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 21        Monday                                Beltz 211         1:30 PM                     
+ SB 128 BOROUGH INCORPORATION                                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 14        Monday                    Senate Finance 532            9:30 AM                     
              -- Time Change --                                                                     
+= SB  63 USE SEAT BELT ROAD SIGNS                                                                  
+ SB  93 FISHING PERMIT AND VESSEL LICENSE FEES                                                     
+ SB  46 APPROP: CAPITAL BUDGET                                                                     
              Dept of Administration                                                                
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    

2005-03-14                     Senate Journal                      Page 0588
                             FINANCE (continued)                                                 
                                                                                                    
Mar 15        Tuesday                   Senate Finance 532            9:00 AM                     
+             Department of Corrections:                                                            
              The "Containment Model"                                                               
              A Research Based Presentation                                                         
              On Sex Offender Management                                                            
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 16        Wednesday                 Senate Finance 532            9:00 AM                     
+ SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT                                                         
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 17        Thursday                  Senate Finance 532            9:00 AM                     
+= SB  46 APPROP: CAPITAL BUDGET                                                                    
              Agency Order To Be Announced                                                          
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 18        Friday                    Senate Finance 532            9:00 AM                     
+= SB  46 APPROP: CAPITAL BUDGET                                                                    
              Agency Order To Be Announced                                                          
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 14        Monday                          Butrovich 205           1:30 PM                     
+= SB   4 REQUIRE CPR FOR HIGH SCHOOL GRADUATION                                                    
+= SB  24 REEMPLOYMENT OF RETIREES                                                                  
+ SB 125 LICENSING MEDICAL OR CARE FACILITIES                                                       
                                                                                                    
Mar 16        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 18        Friday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-14                     Senate Journal                      Page 0589
                                  JUDICIARY                                                      
                                                                                                    
Mar 15        Tuesday                         Butrovich 205           8:30 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 16        Wednesday                       Butrovich 205           8:30 AM                     
+             Department of Corrections Presentation:                                               
              The "Containment Model"                                                               
+             Bills Previously Heard/Scheduled                                                      
              Joint w/(S) State Affairs Committee                                                   
                                                                                                    
Mar 17        Thursday                        Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Mar 15        Tuesday                               Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
+= SB 130 WORKERS' COMPENSATION                                                                     
                                                                                                    
Mar 17        Thursday                              Beltz 211         1:30 PM                     
+ SB 131 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES                                                     
+ SB 138 MOTOR VEHICLE DEALER SALES                                                                 
              Bills Previously Heard/Scheduled                                                      
+= SB 124 FISHERIES BUSINESS LICENSE; BOND                                                          
+= HB 102 MEDICAL LICENSE: APPLICATION/FOREIGN GRAD                                                 
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Mar 14        Monday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 16        Wednesday                       Butrovich 205           3:30 PM                     
              Bills Previously Heard/Scheduled                                                      
+= SB 113 GULF OF ALASKA GROUNDFISH FISHERY                                                         
                                                                                                    
Mar 18        Friday                          Butrovich 205           3:30 PM                     
+ SB  50 OIL SEVERANCE TAX                                                                          
              -- Testimony <Invitation Only> --                                                     
                   ----------------------------------------                                        

2005-03-14                     Senate Journal                      Page 0590
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 15        Tuesday                               Beltz 211         3:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 16        Wednesday                       Butrovich 205           8:30 AM                     
              -- Date, Time and Location Change --                                                  
              Joint w/(S) Judiciary Committee                                                       
              Department of Corrections:                                                            
              Sex Offender Containment Model Overview                                               
                                                                                                    
Mar 17        Thursday                        Butrovich 205           3:30 PM                     
+ SB 132 HUMAN RIGHTS COMMISSION                                                                    
+ SB 134 POLICE INVESTIGATION STANDARDS/ARRESTS                                                     
+ SJR  8 CONST. AM: PERMANENT FUND P.O.M.V.                                                         
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Mar 15        Tuesday                         Butrovich 205           1:30 PM                     
+             Presentation: Division of Motor Vehicles                                              
              Duane Bannock, Director                                                               
                                                                                                    
Mar 17        Thursday                        Butrovich 205           1:30 PM                     
+             DOT/PF - Briefing on Construction Force                                               
              Accounts, Leasing & Purchasing of                                                     
              Equipment Compared to Private Sector                                                  
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                 FISH & GAME                                                     
                                                                                                    
Mar 14        Monday                       Fahrenkamp 203             1:30 PM                     
              Missions & Measures                                                                   
                   ----------------------------------------                                        
                                                                                                    
                              NATURAL RESOURCES                                                  
                                                                                                    
Mar 15        Tuesday                               Beltz 211         8:15 AM                     
              Mission & Measures                                                                    

2005-03-14                     Senate Journal                      Page 0591
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Mar 15        Tuesday                   Senate Finance 532            1:00 PM                     
              Presentations by General Holly and Boeing                                             
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Mar 30        Wednesday                    House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski