Legislature(2005 - 2006)
2005-04-06 Senate Journal
Full Journal pdf2005-04-06 Senate Journal Page 0803 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday April 6, 2005 Eighty-seventh Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:13 a.m. The roll showed nineteen members present. Senator Guess was absent. The prayer was offered by the Chaplain, Pastor Mike Rose of the Juneau Christian Center. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, Thank You so much for this day, and for the privilege to have an attitude that reflects our opportunities to live an abundant life. Thank You for Your provision for each one of us, and we ask that You will help us in faith to appropriate all that belongs to us. Help us to be mindful today Lord that every good and perfect gift comes from above, and may our praise and thankfulness reflect this truth and bring glory to Your name. We are exhorted: that first of all supplications, prayers, intercessions, and giving of thanks be made for all men, for kings and all who are in authority, that we may lead a quiet and peaceable life in all godliness and reverence. In accordance with Your word Lord, we ask for protection, favor and mercy for each senator and their families. We ask that You would grant them strength and wisdom for every decision they make today. I pray this in the name of Jesus. Amen. 2005-04-06 Senate Journal Page 0804 Senator Ellis led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the eighty-fifth and eighty-sixth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Messages dated April 4 and 5 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 95 CS FOR HOUSE BILL NO. 95(RLS) am BY THE HOUSE RULES COMMITTEE, entitled: "An Act relating to the duties of the Department of Health and Social Services as those duties pertain to public health and public health emergencies and disasters; relating to medical treatment, information, isolation and quarantine for the prevention and management of conditions of public health importance; relating to duties of the public defender and office of public advocacy regarding public health emergencies and disasters; relating to liability for actions arising from public health procedures; making conforming amendments; relating to the treatment and transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65, 72, and 77, Alaska Rules of Civil Procedure; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. 2005-04-06 Senate Journal Page 0805 HB 128 CS FOR HOUSE BILL NO. 128(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act establishing the Alaska Schools Physical Activity Task Force." was read the first time and referred to the Health, Education and Social Services and Finance Committees. HB 198 CS FOR HOUSE BILL NO. 198(RES)(title am) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act relating to aquatic plant and shellfish farming; and providing for an effective date." was read the first time and referred to the Resources Committee. Concur Messages SJR 6 Message dated April 4 was read, stating the House passed and returned for consideration 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, with the following amendments: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 6(FIN) am H Senator Gary Stevens moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments?" The roll was taken with the following result: 2005-04-06 Senate Journal Page 0806 HCS SJR 6(FIN)am H Shall the Senate concur in the House amendments to SJR 6? YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Guess and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR SENATE JOINT RESOLUTION NO. 6(FIN) am H 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. The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. Communications Report from the Commissioner of the Department of Administration dated March 17 was received, stating the amended monetary terms for the collective bargaining agreement reached with the Public Safety Employees Association in accordance with AS 23.40.215. President Stevens referred the report to the Finance Committee. Standing Committee Reports Report dated April 5 was read, stating: In accordance with AS 39.05.080, the State Affairs Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: 2005-04-06 Senate Journal Page 0807 Alaska Air National Guard - Brigadier General Colonel Tony A. Hart 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. Signing the report: Senator Therriault, Chair; Senator Wagoner, Vice Chair; Senators Huggins, Davis, Elton. SB 134 The State Affairs Committee considered SENATE BILL NO. 134 "An Act relating to arrest; relating to investigation standards for police officers conducting criminal investigations and violations of those standards" and recommended it be replaced with CS FOR SENATE BILL NO. 134(STA) "An Act relating to investigation standards for police officers conducting certain criminal investigations and violations of those standards." Signing no recommendation: Senator Therriault, Chair; Senators Elton, Huggins, Davis. Signing do pass: Senator Wagoner. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, indeterminate, Department of Public Safety Fiscal Note No. 3, indeterminate, Department of Public Safety Fiscal Note No. 4, indeterminate, Department of Administration President Stevens added a Finance Committee referral to the bill. The bill was referred to the Judiciary, then Finance Committees. SB 142 The Labor and Commerce Committee considered SENATE BILL NO. 142 "An Act relating to ownership of land, buildings, and other structures by regional school boards; and providing for an effective date" and recommended it be replaced with 2005-04-06 Senate Journal Page 0808 CS FOR SENATE BILL NO. 142(L&C) "An Act relating to ownership of land by regional school boards; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Davis, Seekins, Ben Stevens. Signing no recommendation: Senator Ellis. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Education and Early Development Fiscal Note No. 2, zero, Department of Transportation and Public Facilities The bill was referred to the Finance Committee. SJR 11 The Labor and Commerce Committee considered SENATE JOINT RESOLUTION NO. 11 Urging the United States Congress to amend the tax code to repeal the federal excise tax on communications. Signing do pass: Senator Bunde, Chair; Senators Seekins, Ben Stevens. Signing no recommendation: Senators Davis, Ellis. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Revenue The resolution was referred to the Finance Committee. Introduction and Reference of Senate Resolutions SCR 6 SENATE CONCURRENT RESOLUTION NO. 6 BY THE SENATE RESOURCES COMMITTEE, Urging the governor to direct the division of oil and gas, Department of Natural Resources, to undertake a comprehensive review of the subject of Cook Inlet oil and gas platform abandonment for the purpose of developing new oil and gas platform abandonment regulations and their adoption and implementation. 2005-04-06 Senate Journal Page 0809 was read the first time and referred to the Resources Committee. SCR 7 SENATE CONCURRENT RESOLUTION NO. 7 BY THE SENATE RESOURCES COMMITTEE, Endorsing the ongoing efforts of the administration to review and revise program regulations with the objective of streamlining the exploratory oil and gas process. was read the first time and referred to the Resources Committee. SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 BY THE SENATE RESOURCES COMMITTEE, Encouraging the Regulatory Commission of Alaska expeditiously to complete its investigation of the Cook Inlet Gas Gathering System. was read the first time and referred to the State Affairs and Resources Committees. Introduction and Reference of Senate Bills SB 162 SENATE BILL NO. 162 BY SENATOR DYSON, entitled: "An Act relating to monitoring and reporting of student discipline and safety, of student health pertaining to height, nutrition, and physical activity, of the percentage of the legislative body with a body mass index that exceeds 25.0, and of state capitol vending machine profits; requiring schools to report school health status and policy, the percentage of students that are overweight and at risk of being overweight, and profits from vending machines; and requiring the evaluation of health education programs on the basis of health reports and screening." 2005-04-06 Senate Journal Page 0810 was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 163 SENATE BILL NO. 163 BY THE SENATE RESOURCES COMMITTEE, entitled: "An Act extending and amending the requirements applicable to the credit that may be claimed for certain oil and gas exploration expenses incurred in Cook Inlet against oil and gas properties production (severance) taxes." was read the first time and referred to the Resources and Finance Committees. SB 164 SENATE BILL NO. 164 BY SENATOR STEDMAN, entitled: "An Act relating to the salmon product development tax credit; providing for an effective date by amending an effective date in sec. 7, ch. 57, SLA 2003; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 93 SENATE BILL NO. 93 "An Act relating to commercial fishing permit and vessel license fees; and providing for an effective date" was read the second time. Senator Green, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 776. Without objection, CS FOR SENATE BILL NO. 93(FIN) was adopted. 2005-04-06 Senate Journal Page 0811 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. Senators Dyson, Wagoner, Hoffman declared a conflict of interest. CS FOR SENATE BILL NO. 93(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 93(FIN) "An Act relating to commercial fishing permit and vessel license fees; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 93(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Guess and so, CS FOR SENATE BILL NO. 93(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. Third Reading of Senate Resolutions SJR 10 SENATE JOINT RESOLUTION NO. 10 Supporting the federal marriage amendment, was read the third time. Senators Wilken, Seekins, Wagoner, Huggins, Green, Therriault, Gary Stevens, Stedman moved and asked unanimous consent to be shown as cosponsors on the resolution. Without objection, it was so ordered. 2005-04-06 Senate Journal Page 0812 The question being: "Shall SENATE JOINT RESOLUTION NO. 10 Supporting the federal marriage amendment, pass the Senate?" The roll was taken with the following result: SJR 10 Third Reading - Final Passage YEAS: 16 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton Absent: Guess and so, SENATE JOINT RESOLUTION NO. 10 passed the Senate and was referred to the Secretary for engrossment. SJR 12 CS FOR SENATE JOINT RESOLUTION NO. 12(JUD) was read the third time. The question being: "Shall 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, pass the Senate?" The roll was taken with the following result: CSSJR 12(JUD) Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Hoffman, Kookesh Absent: Guess and so, CS FOR SENATE JOINT RESOLUTION NO. 12(JUD) passed the Senate. Senator Ellis gave notice of reconsideration. 2005-04-06 Senate Journal Page 0813 Citations Honoring - Kristen Forrester Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Region I Elections Supervisor, Pamela J. Crowe Senator(s) Elton, Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Michael Binkie Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Wilson Honoring - YWCA 2004 Women of Achievement Award Winner, Carol Gore Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Honoring - Noorvik Aqqaluk School Representative(s) Joule Senator(s) Olson, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Sally Woods Evans Hudson 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 - Lydia L. Mack Representative(s) Moses Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 2005-04-06 Senate Journal Page 0814 In Memoriam - Ron Zobel Representative(s) Croft Senator(s) French, Cowdery, Davis, Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson In Memoriam - LB Mauldin Representative(s) Stoltze, Dahlstrom, Hawker, Kott Senator(s) Bunde, Dyson, Huggins, Ben Stevens, Cowdery, Davis, Ellis, Elton, Green, 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 SB 54 Senator Ellis moved and asked unanimous consent to be shown as a cosponsor on 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." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Engrossment SB 93 CS FOR SENATE BILL NO. 93(FIN) "An Act relating to commercial fishing permit and vessel license fees; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2005-04-06 Senate Journal Page 0815 SJR 10 SENATE JOINT RESOLUTION NO. 10 Supporting the federal marriage amendment, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 7, 2005. Without objection, the Senate adjourned at 11:59 a.m. Kirsten Waid Secretary of the Senate April 2005 2005-04-06 Senate Journal Page 0816 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 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 06 Wednesday Senate Finance 532 9:00 AM + HCR 2 IN-STATE NATURAL GAS NEEDS <Bill Hearing Time Permitting> + SB 144 EMISSION CONTROL PROGRAM PERMITS/REGS <Bill Hearing Time Permitting> + SB 110 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL <Bill Hearing Postponed> + SB 103 OIL & GAS: REG. OF UNDERGROUND INJECTION <Bill Hearing Postponed> + Bills Previously Heard/Scheduled + SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT -- Public Testimony -- Apr 07 Thursday Senate Finance 532 9:00 AM += SB 46 APPROP: CAPITAL BUDGET Revenue, Courts, DEC, DOT/PF + Bills Previously Heard/Scheduled 2005-04-06 Senate Journal Page 0817 FINANCE (forthcoming) 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 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 += SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE Apr 08 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY 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 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 2005-04-06 Senate Journal Page 0818 RESOURCES 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 07 Thursday Beltz 211 3:30 PM + SB 154 JUVENILE DELINQUENCY PROCEEDINGS Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION 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 CORRECTIONS Apr 07 Thursday Senate Finance 532 3:00 PM Budget Close Out: Corrections ---------------------------------------- 2005-04-06 Senate Journal Page 0819 FINANCE SUBCOMMITTEES 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 ---------------------------------------- ENVIRONMENTAL CONSERVATION Apr 07 Thursday Senate Finance 532 8:00 AM Budget Close Out: Environmental Conservation ---------------------------------------- HEALTH & SOCIAL SERVICES Apr 07 Thursday Senate Finance 532 4:15 PM Budget Close Out: Health & Social Services ---------------------------------------- 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 2005-04-06 Senate Journal Page 0820 FINANCE SUBCOMMITTEES REVENUE Apr 07 Thursday Fahrenkamp 203 1:30 PM Budget Close Out: Revenue ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Apr 07 Thursday Senate Finance 532 3:45 PM Budget Close Out: Transportation & Public Facilities ---------------------------------------- UNIVERSITY OF ALASKA Apr 11 Monday Senate Finance 532 9:00 AM -- Time Change -- Budget Close Out University of Alaska ---------------------------------------- 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