Legislature(2005 - 2006)
2005-03-16 Senate Journal
Full Journal pdf2005-03-16 Senate Journal Page 0595 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday March 16, 2005 Sixty-sixth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:12 a.m. The roll showed nineteen members present. Senator Kookesh was 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 Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Father in heaven, We are grateful to be met today. Days such as this remind us of the beauty of the place where we live. We express our thanks for the bounties we enjoy. This morning there was a fire in Juneau. It reminds us that many throughout the world suffer loss and tragedy. We pray that Thou would bless any who struggle or suffer. Help us to be instruments of peace and comfort as we are able. We pray for those who are met here to deliberate relative to the affairs of this great state. Bless them with wisdom and insight as they discuss and debate matters that are important for all of us. Pray that God grant us wisdom and help us to support these who are elected to serve and lead us. 2005-03-16 Senate Journal Page 0596 We again express our thanks for all of our blessings, for the beautiful place where we live and for the many things that we enjoy. In the name of Jesus Christ. Amen. Senator Wagoner led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the sixty-fourth and sixty-fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor HCR 1 Message dated and received March 14 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 1 Relating to declaring March 2005 as Sobriety Awareness Month. Legislative Resolve No. 1 SR 1 Message dated and received March 14 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE RESOLUTION NO. 1 Establishing a Senate Special Committee on World Trade and State/Federal Relations. Senate Resolve No. 1 2005-03-16 Senate Journal Page 0597 Messages from the House SCR 2 Message dated March 15 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 2 Proclaiming 2005 as Rotary International Year. The resolution was referred to the Secretary for enrollment. Message dated March 15 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 85 CS FOR HOUSE BILL NO. 85(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to self-administration and documentation of certain types of medication prescribed to a child attending school." was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. Standing Committee Reports SB 20 The State Affairs Committee considered SENATE BILL NO. 20 "An Act relating to offenses against unborn children" and recommended it be replaced with CS FOR SENATE BILL NO. 20(STA) Signing amend: Senator Therriault, Chair; Senators Elton, Wagoner, Huggins. Signing no recommendation: Senator Davis. 2005-03-16 Senate Journal Page 0598 The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, indeterminate, Department of Administration Fiscal Note No. 3, zero, Department of Corrections President Stevens added a Finance Committee referral to the bill. The bill was referred to the Judiciary, then Finance Committees. SB 54 The State Affairs Committee considered SENATE BILL NO. 54 "An Act relating to notification to victims of sexual assault; relating to protective orders; and relating to arrests for crimes involving sexual assault, violation of protective orders, or violation of conditions of release" and recommended it be replaced with CS FOR SENATE BILL NO. 54(STA) "An Act relating to protective orders for crimes involving sexual assault and stalking, to notifications to victims of sexual assault, and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure." Signing no recommendation: Senator Therriault, Chair. Signing amend: Senators Davis, Elton, Wagoner, Huggins. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, zero, Department of Corrections Fiscal Note No. 4, Department of Public Safety President Stevens added a Finance Committee referral to the bill. The bill was referred to the Judiciary, then Finance Committees. 2005-03-16 Senate Journal Page 0599 SB 88 The State Affairs Committee considered SENATE BILL NO. 88 "An Act relating to the policy of the state regarding the source of funding used to cover a shortfall in general fund revenue." Signing no recommendation: Senator Therriault, Chair; Senators Davis, Wagoner, Huggins. Signing do not pass: Senator Elton. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Revenue The bill was referred to the Finance Committee. HB 1 The Finance Committee considered CS FOR HOUSE BILL NO. 1(HES) "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 1(FIN) Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde, Stedman. Signing no recommendation: Senators Hoffman, Olson. Signing amend: Senator Dyson. The following fiscal information was published today: Fiscal Note No. 6, Senate Finance Committee The bill was referred to the Rules Committee. HB 42 The Community and Regional Affairs Committee considered HOUSE BILL NO. 42 "An Act naming the Joe Williams, Sr., Coastal Trail" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 42(CRA) "An Act naming the Joseph C. Williams, Sr., Coastal Trail." (Title change authorized by SCR 5) 2005-03-16 Senate Journal Page 0600 Signing do pass: Senator Gary Stevens, Chair; Senators Stedman, Ellis. The following previously published fiscal information applies: Fiscal Note No. 2, zero, House Transportation Committee The bill was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 142 SENATE BILL NO. 142 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to ownership of land, buildings, and other structures by regional school boards; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 143 SENATE BILL NO. 143 BY THE SENATE STATE AFFAIRS COMMITTEE, entitled: "An Act amending the definition of the term 'state agencies' as it applies under Executive Order No. 113; relating to information systems in the legislative branch and to the Telecommunications Information Council; and providing for an effective date." was read the first time and referred to the State Affairs Committee. SB 144 SENATE BILL NO. 144 BY THE SENATE RESOURCES COMMITTEE, entitled: 2005-03-16 Senate Journal Page 0601 "An Act relating to regulations, definitions, and permits under the emission control permit program; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 145 SENATE BILL NO. 145 BY SENATOR STEDMAN, entitled: "An Act authorizing the making of loans for upgrade of commercial fishing tender vessels and gear." was read the first time and referred to the Labor and Commerce and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 105 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" was read the second time. Senator Bunde, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 436. Without objection, CS FOR SENATE BILL NO. 105(L&C) was adopted. Senator Gary Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 105(L&C) was read the third time. Senator Wilken moved and asked unanimous consent to be shown as a cosponsor on the bill. Without objection, it was so ordered. 2005-03-16 Senate Journal Page 0602 Senator Olson moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Olson was required to vote. Senator Bunde declared a conflict of interest. The question being: "Shall CS FOR SENATE BILL NO. 105(L&C) "An Act relating to the retrospective application and applicability of the overtime compensation exemption for flight crew members; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 105(L&C) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis, French Excused: Kookesh and so, CS FOR SENATE BILL NO. 105(L&C) 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. Senator French gave notice of reconsideration. Second Reading of House Bills HB 47 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" was read the second time. 2005-03-16 Senate Journal Page 0603 Senator Gary Stevens moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 47(FIN)was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 47(FIN) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Kookesh and so, CS FOR HOUSE BILL NO. 47(FIN)passed the Senate, was signed by the President and Secretary and returned to the House. HB 64 HOUSE BILL NO. 64 "An Act extending the termination date for the Board of Public Accountancy; and providing for an effective date" was read the second time. Senator Gary Stevens moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 64 was read the third time. The question being: "Shall HOUSE BILL NO. 64 "An Act extending the termination date for the Board of Public Accountancy; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2005-03-16 Senate Journal Page 0604 HB 64 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Kookesh and so, HOUSE BILL NO. 64 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 signed by the President and Secretary and returned to the House. Second Reading of House Resolutions HJR 6 CS FOR HOUSE JOINT RESOLUTION NO. 6(FSH) Relating to the labeling of fish and shellfish to identify the country of origin and to distinguish between wild and farmed fish and shellfish, was read the second time. Senator Gary Stevens moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 6(FSH) was read the third time. Senators Ellis, Wilken, Stedman, Gary Stevens, Hoffman, French, Dyson, Wagoner, Seekins, Therriault, Olson, Ben Stevens moved and asked unanimous consent to be shown as cross sponsors on the resolution. Without objection, it was so ordered. 2005-03-16 Senate Journal Page 0605 The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 6(FSH) Relating to the labeling of fish and shellfish to identify the country of origin and to distinguish between wild and farmed fish and shellfish, pass the Senate?" The roll was taken with the following result: CSHJR 6(FSH) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Kookesh and so, CS FOR HOUSE JOINT RESOLUTION NO. 6(FSH) passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - Linda Landvik Senator(s) Wagoner, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken Representative(s) Olson, Chenault Honoring - Carol Barril Senator(s) Wagoner, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken Representative(s) Olson, Chenault Senator Gary Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2005-03-16 Senate Journal Page 0606 Senator Gary Stevens moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Matt Emmons, Olympic Champion Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Dan Jordan, 2004 Paralympic Games Silver Medal Winner Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, 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 Senator Elton moved and asked unanimous consent to be excused from a call of the Senate on March 31 and April 1. Without objection, Senator Elton was excused. Senator Therriault moved and asked unanimous consent to be excused from a call of the Senate on March 18. Without objection, Senator Therriault was excused. Announcements Announcements are at the end of the journal. 2005-03-16 Senate Journal Page 0607 Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., March 18, 2005. Without objection, the Senate adjourned at 11:55 a.m. Kirsten Waid Secretary of the Senate March 2005 2005-03-16 Senate Journal Page 0608 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 16 Wednesday Beltz 211 1:30 PM Bills Previously Heard/Scheduled = SB 102 COASTAL MANAGEMENT PROGRAMS = SB 112 TAX ON REAA RESIDENTS 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 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 2005-03-16 Senate Journal Page 0609 FINANCE (continued) 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 16 Wednesday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled += SB 24 REEMPLOYMENT OF RETIREES Mar 18 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY 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 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 += SB 130 WORKERS' COMPENSATION ---------------------------------------- 2005-03-16 Senate Journal Page 0610 RESOURCES 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> -- ---------------------------------------- STATE AFFAIRS 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 17 Thursday Butrovich 205 1:30 PM + DOT/PF - Briefing on Construction Force Accounts, Leasing & Purchasing of Equipment Compared to Private Sector ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 30 Wednesday House Finance 519 5:00 PM + Executive Session Other Committee Business -- Testimony <Invitation Only> -- 2005-03-16 Senate Journal Page 0611 OTHER MEETINGS CHILDREN'S CAUCUS Mar 22 Tuesday Butrovich 205 12:00 PM + Boys and Girls Clubs of Alaska ---------------------------------------- JOINT SESSION Mar 30 Wednesday House Chamber 11:00 AM Address by U.S. Senator Lisa Murkowski