Legislature(2005 - 2006)
2005-04-04 Senate Journal
Full Journal pdf2005-04-04 Senate Journal Page 0773 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Monday April 4, 2005 Eighty-fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:15 a.m. The roll showed eighteen members present. Senators Cowdery, French were excused from a call of the Senate. The prayer was offered by the Chaplain, Senator Olson. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Heavenly Father, this morning as we gather together to do the people's business, we ask for wisdom and guidance to prevail. Lord, we think about the people that are out there, throughout the world, who are in far worse conditions than we are. Lord, we think about those people that are mourning the passing of the Pope and remember the influence he's had throughout the globe. Lord, we pray for those people that are hurting in other parts of the world, either from oppressive political systems or from disasters related to nature. Watch over us Lord. May wisdom prevail, and may we have our spiritual compasses oriented towards You. In Your Name. Amen. Senator Elton led the Senate in the Pledge of Allegiance. 2005-04-04 Senate Journal Page 0774 Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the eighty-second through eighty-fourth legislative days, Senate Journal Supplement No. 2, and House and Senate Joint Journal Supplement No. 6 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor HB 158 Message dated and received April 1 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 158 "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." Chapter 4, SLA 2005 Effective Date: 04/02/2005 HB 115 Message dated and received April 1 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 5, SLA 2005 Effective Date: 04/02/2005 Messages from the House Message dated April 1 was read, stating the House passed and transmitted for consideration: 2005-04-04 Senate Journal Page 0775 First Reading and Reference of House Bills HB 116 CS FOR HOUSE BILL NO. 116(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the liability of certain persons for certain violations of alcoholic beverages laws." was read the first time and referred to the State Affairs and Judiciary Committees. HB 127 CS FOR HOUSE BILL NO. 127(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to service in the peace corps and members of the United States Olympic Team as allowable absences from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. Standing Committee Reports SB 74 The Health, Education and Social Services Committee considered SENATE BILL NO. 74 "An Act making findings relating to marijuana use and possession; relating to marijuana and misconduct involving a controlled substance; and providing an effective date." Signing do pass: Senator Dyson, Chair; Senator Wilken. Signing do not pass: Senator Elton. Signing no recommendation: Senator Olson. 2005-04-04 Senate Journal Page 0776 The following fiscal information was published today: Fiscal Note No. 5, indeterminate, Alaska Court System The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, Department of Administration Fiscal Note No. 3, zero, Department of Law Fiscal Note No. 4, zero, Department of Health and Social Services The bill was referred to the Judiciary Committee. SB 93 The Finance Committee considered SENATE BILL NO. 93 "An Act relating to commercial fishing permit and vessel license fees; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 93(FIN) Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde, Stedman. Signing no recommendation: Senators Hoffman, Olson. The following fiscal information was published today: Fiscal Note No. 2, Department of Fish and Game The bill was referred to the Rules Committee. SB 117 The Judiciary Committee considered 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" and recommended it be replaced with CS FOR SENATE BILL NO. 117(JUD) "An Act relating to the admissibility into evidence of the prior recorded statement of a crime victim less than 16 years of age; and amending Rule 801, Alaska Rules of Evidence." Signing do pass: Senator Seekins, Chair; Senators Guess, Therriault, Huggins. 2005-04-04 Senate Journal Page 0777 The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Alaska Court System Fiscal Note No. 3, zero, Department of Law Fiscal Note No. 4, zero, Department of Public Safety The bill was referred to the Finance Committee. SB 130 Forthcoming fiscal notes (page 755) for the Labor and Commerce Committee Substitute for SENATE BILL NO. 130 "An Act relating to a special deposit for workers' compensation and employers' liability insurers; relating to assigned risk pools; relating to workers' compensation insurers; stating the intent of the legislature, and setting out limitations, concerning the interpretation, construction, and implementation of workers' compensation laws; relating to the Alaska Workers' Compensation Board; assigning certain Alaska Workers' Compensation Board functions to the division of workers' compensation in the Department of Labor and Workforce Development and to that department, and authorizing the board to delegate administrative and enforcement duties to the division; establishing a Workers' Compensation Appeals Commission; providing for workers' compensation hearing officers in workers' compensation proceedings; relating to workers' compensation medical benefits and to charges for and payment of fees for the medical benefits; relating to agreements that discharge workers' compensation liability; relating to workers' compensation awards; relating to reemployment benefits and job dislocation benefits; relating to coordination of workers' compensation and certain disability benefits; relating to division of workers' compensation records; relating to release of treatment records; relating to an employer's failure to insure and keep insured or provide security; providing for appeals from compensation orders; relating to workers' compensation proceedings; providing for supreme court jurisdiction of appeals from the Workers' Compensation Appeals Commission; providing for a maximum amount for the cost-of-living adjustment for workers' compensation benefits; relating to attorney fees; providing for the department to enter into contracts with nonprofit organizations to provide information services and legal representation to injured employees; providing for administrative penalties for employers uninsured or 2005-04-04 Senate Journal Page 0778 without adequate security for workers' compensation; relating to fraudulent acts or false or misleading statements in workers' compensation and penalties for the acts or statements; providing for members of a limited liability company to be included as an employee for purposes of workers' compensation; establishing a workers' compensation benefits guaranty fund; relating to the second injury fund; making conforming amendments; providing for a study and report by the medical services review committee; and providing for an effective date" were published today: Fiscal Note No. 5, zero, Alaska Court System Fiscal Note No. 6, Department of Labor and Workforce Development Introduction and Reference of Senate Bills SB 161 SENATE BILL NO. 161 BY THE SENATE STATE AFFAIRS COMMITTEE, entitled: "An Act relating to a borough sales tax exemption for a source that is taxed by a city in that borough." was read the first time and referred to the Community and Regional Affairs and Finance Committees. Consideration of the Calendar Second Reading of Senate Resolutions SJR 10 SENATE JOINT RESOLUTION NO. 10 Supporting the federal marriage amendment, was read the second time. President Stevens stated SENATE JOINT RESOLUTION NO. 10 will be on the April 6 calendar. 2005-04-04 Senate Journal Page 0779 SJR 12 SENATE JOINT RESOLUTION NO. 12 Requesting the United States Senate to move quickly to confirm all nominations by President George W. Bush to the United States Supreme Court, was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 706. Without objection, CS FOR SENATE JOINT RESOLUTION NO. 12(JUD) Requesting the United States Senate to move quickly to a majority floor vote of the United States Senate on all nominations by President George W. Bush to the United States Supreme Court, was adopted. President Stevens stated CS FOR SENATE JOINT RESOLUTION NO. 12(JUD) will be on the April 6 calendar. Citations Honoring - The Borealis Bullseyes Junior Olympic Rifle Team Representative(s) Meyer Senator(s) Cowdery, Ben Stevens, Bunde, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Alaskan Athletes of the 2005 Special Olympics World Winter Games Representative(s) Lynn Senator(s) Bunde, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Dr. Peter Wilkniss, Polar Scientist 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 2005-04-04 Senate Journal Page 0780 Honoring - Bill Stockwell Representative(s) Gara Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - George Alan Pikus 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 In Memoriam - Elva R. Scott Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - W.I. "Bob" Palmer Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Harold Oluf Fossum Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, 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. Announcements Announcements are at the end of the journal. 2005-04-04 Senate Journal Page 0781 Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 5, 2005. Without objection, the Senate adjourned at 11:37 a.m. Kirsten Waid Secretary of the Senate April 2005 2005-04-04 Senate Journal Page 0782 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 Apr 04 Monday Beltz 211 1:30 PM += HB 108 WATER & SEWER UTILITIES OF POLIT. SUBDIV. += SB 114 SERVICE AREAS IN SECOND CLASS BOROUGHS Bills Previously Heard/Scheduled += SB 86 STATE/MUNI LIABILITY FOR ATTORNEY FEES Apr 06 Wednesday Beltz 211 1:30 PM + SB 158 MUNI TAX ON STATE CONSTRUCTION CONTRACTS + Bills Previously Heard/Scheduled Apr 08 Friday Beltz 211 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Apr 04 Monday Senate Finance 532 9:00 AM += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT += SB 93 FISHING PERMIT AND VESSEL LICENSE FEES + SB 155 APPROP: SCHOOLS/UNIV/VIROLOGY LAB/MUSEUM + SB 112 TAX ON REAA RESIDENTS + Bills Previously Heard/Scheduled Apr 05 Tuesday Senate Finance 532 9:00 AM += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT += SB 100 ENHANCED 911 SURCHARGES + SB 88 POLICY ON GENERAL FUND REVENUE SHORTFALL + SB 151 DECOUPLING FROM FED TAX DEDUCTION + SB 70 CRIMES INVOLVING CONTROLLED SUBSTANCES + Bills Previously Heard/Scheduled 2005-04-04 Senate Journal Page 0783 FINANCE (continued) Apr 06 Wednesday Senate Finance 532 9:00 AM + HCR 2 IN-STATE NATURAL GAS NEEDS + SB 144 EMISSION CONTROL PROGRAM PERMITS/REGS + SB 110 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL + SB 103 OIL & GAS: REG. OF UNDERGROUND INJECTION + Bills Previously Heard/Scheduled Apr 07 Thursday Senate Finance 532 9:00 AM += SB 46 APPROP: CAPITAL BUDGET Revenue, Courts, DEC, DOT/PF + Bills Previously Heard/Scheduled Apr 08 Friday Senate Finance 532 9:00 AM + SB 71 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT + SB 130 WORKERS' COMPENSATION <Pending Referral> + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 04 Monday Butrovich 205 1:30 PM + HB 85 PRESCRIBED MEDICATION FOR STUDENTS += SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE + Bills Previously Heard/Scheduled Apr 06 Wednesday Butrovich 205 1:30 PM += SB 125 LICENSING MEDICAL OR CARE FACILITIES + SB 150 ALASKA CHILDREN'S TRUST FUND GRANTS + Bills Previously Heard/Scheduled Apr 08 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Apr 04 Monday Butrovich 205 8:30 AM += SB 117 RECORDED STATEMENTS OF CHILD VICTIMS += SB 20 OFFENSES AGAINST UNBORN CHILDREN 2005-04-04 Senate Journal Page 0784 JUDICIARY (continued) Apr 05 Tuesday Butrovich 205 8:30 AM + SB 130 WORKERS' COMPENSATION + SB 137 EVICTING INSTITUTIONAL PROPERTY USERS + Bills Previously Heard/Scheduled Apr 06 Wednesday Butrovich 205 8:30 AM + SB 128 BOROUGH INCORPORATION + SB 135 ASSAULT & CUSTODIAL INTERFERENCE + Bills Previously Heard/Scheduled Apr 07 Thursday Butrovich 205 8:30 AM + SB 140 BAN INTERNET SPYWARE + SB 132 HUMAN RIGHTS COMMISSION + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 05 Tuesday Beltz 211 1:30 PM + SB 160 STATE PROCUREMENT ELECTRONIC TOOLS + Senate Bill: ENTEND BOARD OF OPTICIANS <Pending Introduction & Referral> Bills Previously Heard/Scheduled Including But Not Limited to: += SB 139 EXTENSIONS OF OCCUPATIONAL BDS/AGENCIES += SJR 11 REPEAL TELECOMMUNICATIONS TAX += SB 142 REGIONAL SCHOOL BD LAND/BLDG OWNERSHIP Apr 07 Thursday Beltz 211 1:30 PM + SB 145 LOANS FOR COMMERCIAL FISHING TENDERS + HB 81 CONTRACTOR LICENSE ENFORCEMENT + Bills Previously Heard/Scheduled Including But Not Limited to: += SB 108 INSURANCE += SB 131 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES ---------------------------------------- 2005-04-04 Senate Journal Page 0785 RESOURCES Apr 04 Monday Butrovich 205 3:30 PM + SB 126 AQUATIC FARMING + SJR 16 STATES' RIGHT TO REGULATE HUNTING/FISHING + HJR 15 OPEN OCEAN AQUACULTURE Apr 06 Wednesday Butrovich 205 3:30 PM + SB 102 COASTAL MANAGEMENT PROGRAMS -- Testimony <Invitation Only> -- Apr 08 Friday Butrovich 205 3:30 PM += SB 85 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY + SB 96 UNIVERSITY LAND GRANT/STATE FOREST -- Testimony <Invitation Only> -- ---------------------------------------- STATE AFFAIRS Apr 05 Tuesday Beltz 211 3:30 PM Confirmation Hearing: Brigadier General Tony Hart Bills Previously Heard/Scheduled Apr 07 Thursday Beltz 211 3:30 PM + SB 154 JUVENILE DELINQUENCY PROCEEDINGS Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 05 Tuesday Butrovich 205 1:30 PM + Joint w/(H) Transportation Port of Tacoma - Briefing + Federal Aviation Administration Weather Camera Program - Briefing Bills Previously Heard/Scheduled 2005-04-04 Senate Journal Page 0786 TRANSPORTATION (continued) Apr 07 Thursday Butrovich 205 1:30 PM + SB 153 INTERNATIONAL AIRPORTS REVENUE BONDS + DOT/PF - Briefing of Projects: Wasilla Bypass McCarthy Road Mid Region (SE) Access aka Bradfield/ Gravina Island Bridge North Pole Rich Hwy/Dawson Interchange Fairbanks University Ave/Giest Road Intersection Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Apr 05 Tuesday Butrovich 205 7:00 AM FY06 Budget Review: Administration ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Apr 05 Tuesday Senate Finance 532 8:00 AM Budget Close Out: Commerce, Community & Economic Dev ---------------------------------------- COURT SYSTEM Apr 07 Thursday Senate Finance 532 3:20 PM Budget Close Out: Court System ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Apr 06 Wednesday Senate Finance 532 4:30 PM Budget Close Out: Education & Early Development 2005-04-04 Senate Journal Page 0787 ENVIRONMENTAL CONSERVATION Apr 07 Thursday Senate Finance 532 8:00 AM Budget Close Out: Environmental Conservation ---------------------------------------- FISH & GAME Apr 04 Monday Fahrenkamp 203 1:30 PM Budget Close Out: Fish & Game ---------------------------------------- GOVERNOR Apr 05 Tuesday Senate Finance 532 4:30 PM Budget Close Out: Office of the Governor ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Apr 07 Thursday Beltz 211 8:15 AM Budget Close Out: Labor & Workforce Development ---------------------------------------- LAW Apr 07 Thursday Fahrenkamp 203 4:00 PM Budget Close Out: Law ---------------------------------------- LEGISLATURE Apr 05 Tuesday Senate Finance 532 4:00 PM Budget Close Out: Legislature ---------------------------------------- 2005-04-04 Senate Journal Page 0788 NATURAL RESOURCES Apr 05 Tuesday Beltz 211 8:15 AM Budget Close Out: Natural Resources ---------------------------------------- REVENUE Apr 07 Thursday Fahrenkamp 203 1:30 PM Budget Close Out: Revenue ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Apr 06 Wednesday Fahrenkamp 203 12:00 PM "Hi-Tech Health: How Technology Improves Our Health" A Healthy Lunch Will Be Served