Legislature(2005 - 2006)

2005-05-19 Senate Journal

Full Journal pdf

2005-05-19                     Senate Journal                      Page 1693
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                            FIRST SPECIAL SESSION                                                
                                                                                                    
Juneau, Alaska                    Thursday                     May 19, 2005                       
                                                                                                    
                                  Ninth Day                                                      
                                                                                                    
The Senate was called to order by President Stevens at 5:53 p.m.                                    
                                                                                                    
The roll showed fourteen members present. Senators Bunde, Davis,                                    
Ellis, French, Kookesh were excused from a call of the Senate. Senator                              
Olson was absent.                                                                                   
                                                                                                    
The prayer was offered by the Chaplain, Kyle Anderson. Senator                                      
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Dear God,                                                                                 
                                                                                                    
          Please grant us patience for another day. Grant us                                        
          serenity and allow us to appreciate Your creation.                                        
          Spread peace and happiness within our hearts and                                          
          give us the wisdom to submit to Your plan. Bless our                                      
        families and keep them safe.                             Amen.                             
                                                                                                    
                                                                                                    
Senator Dyson led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the seventh and eighth legislative days of the First Special                           
Session be approved as certified by the Secretary. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
                                                                                                    

2005-05-19                     Senate Journal                      Page 1694
                          Messages from the Governor                                             
                                                                                                    
SB 105                                                                                            
Message dated May 17 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          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."                                                                   
                                                                                                    
                             Chapter 19, SLA 2005                                                  
                          Effective Date: 05/18/2005                                               
                                                                                                    
HB 219                                                                                            
Message dated May 17 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          CS FOR HOUSE BILL NO. 219(FIN) "An Act                                                    
          relating to the definition of 'dangerous instrument' as                                   
          applied within the criminal code."                                                        
                                                                                                    
                             Chapter 20, SLA 2005                                                  
                          Effective Date: 08/15/2005                                               
                                                                                                    
HB 185                                                                                            
Message dated May 17 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          CS FOR HOUSE BILL NO. 185(FIN) "An Act                                                    
          relating to immunization of postsecondary students                                        
          for meningitis; and providing for an effective date."                                     
                                                                                                    
                             Chapter 21, SLA 2005                                                  
                          Effective Date: 05/18/2005                                               
                                                                                                    

2005-05-19                     Senate Journal                      Page 1695
SB 51                                                                                             
Message dated May 17 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          CS FOR SENATE BILL NO. 51(FIN) "An Act                                                    
          relating to contracts for the provision of state public                                   
          assistance to certain recipients in the state; providing                                  
          for regional public assistance plans and programs in                                      
          the state; relating to grants for Alaska Native family                                    
          assistance programs; relating to assignment of child                                      
          support by Alaska Native family assistance                                                
          recipients; relating to paternity determinations and                                      
          genetic testing involving recipients of assistance                                        
          under Alaska Native family assistance programs; and                                       
          providing for an effective date."                                                         
                                                                                                    
                             Chapter 22, SLA 2005                                                  
                          Effective Date: 06/30/2005                                               
                                                                                                    
HB 32                                                                                             
Message dated May 17 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          CS FOR HOUSE BILL NO. 32(FIN) am "An Act                                                  
          making a special appropriation for a grant to Arctic                                      
          Power to promote the opening of the Arctic National                                       
          Wildlife Refuge for oil and gas exploration and                                           
          development; and providing for an effective date."                                        
                                                                                                    
                             Chapter 23, SLA 2005                                                  
                          Effective Date: 05/18/2005                                               
                                                                                                    
SB 124                                                                                            
Message dated May 17 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
                                                                                                    

2005-05-19                     Senate Journal                      Page 1696
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          124(FIN) am H "An Act relating to requirements to                                         
          obtain and maintain a fisheries business license;                                         
          relating to security required of fish processors and                                      
          primary fish buyers; and providing for an effective                                       
          date."                                                                                    
                                                                                                    
                             Chapter 24, SLA 2005                                                  
                          Effective Date: 05/18/2005                                               
                                                                                                    
SJR 2                                                                                             
Message dated May 19 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    
          SENATE JOINT RESOLUTION NO. 2 am H                                                        
          Urging the United States Congress to pass legislation                                     
          to open the coastal plain of the Arctic National                                          
          Wildlife Refuge, Alaska, to oil and gas exploration,                                      
          development, and production.                                                              
                                                                                                    
                          Legislative Resolve No. 2                                                
                                                                                                    
SJR 5                                                                                             
Message dated May 19 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    
          HOUSE CS FOR SENATE JOINT RESOLUTION                                                      
          NO. 5(O&G) Urging the United States Congress to                                           
          reauthorize the Methane Hydrate Research and                                              
          Development Act.                                                                          
                                                                                                    
                          Legislative Resolve No. 3                                                
                                                                                                    
SCR 2                                                                                             
Message dated May 17 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    

2005-05-19                     Senate Journal                      Page 1697
          SENATE CONCURRENT RESOLUTION NO. 2                                                        
          Proclaiming 2005 as Rotary International Year.                                            
                                                                                                    
                          Legislative Resolve No. 4                                                
                                                                                                    
HJR 6                                                                                             
Message dated May 17 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    
          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.                                               
                                                                                                    
                          Legislative Resolve No. 5                                                
                                                                                                    
SCR 3                                                                                             
Message dated May 17 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 3                                                        
          Authorizing a recess by the Senate and the House of                                       
          Representatives for a period of more than three days,                                     
          those days being March 25, 26, 27, and 28 of 2005.                                        
                                                                                                    
                          Legislative Resolve No. 6                                                
                                                                                                    
SCR 5                                                                                             
Message dated May 17 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 5                                                        
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 42, relating to the Joe                                         
          Williams, Sr., Coastal Trail.                                                             
                                                                                                    
                          Legislative Resolve No. 7                                                

2005-05-19                     Senate Journal                      Page 1698
SJR 6                                                                                             
Message dated May 19 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    
          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.                                                                 
                                                                                                    
                          Legislative Resolve No. 8                                                
                                                                                                    
HJR 8                                                                                             
Message dated May 17 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    
          HOUSE JOINT RESOLUTION NO. 8 Expressing                                                   
          support of Alaska Army National Guard soldiers                                            
          deployed worldwide.                                                                       
                                                                                                    
                          Legislative Resolve No. 9                                                
                                                                                                    
HJR 15                                                                                            
Message dated May 17 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    
          CS FOR HOUSE JOINT RESOLUTION NO.                                                         
          15(RES) Relating to open ocean aquaculture in the                                         
          federal exclusive economic zone.                                                          
                                                                                                    
                          Legislative Resolve No. 10                                               
                                                                                                    
HCR 2                                                                                             
Message dated May 17 was received, stating the Governor read the                                    
following resolution and transmitted the engrossed and enrolled copies                              
to the Lieutenant Governor's Office for permanent filing:                                           
                                                                                                    

2005-05-19                     Senate Journal                      Page 1699
          HOUSE CONCURRENT RESOLUTION NO. 2                                                         
          Urging Governor Murkowski to take quick action to                                         
          conduct, approve, or sanction a study of in-state                                         
          natural gas needs and take-off points for intrastate                                      
          use of natural gas transported in a North Slope                                           
          natural gas pipeline.                                                                     
                                                                                                    
                          Legislative Resolve No. 11                                               
                                                                                                    
SR 2                                                                                              
Message dated May 17 was received, 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. 2 Supporting the                                                    
          efforts of the Department of Transportation and                                           
          Public Facilities to improve transportation to and                                        
          from Juneau and supporting development of the East                                        
          Lynn Canal Highway.                                                                       
                                                                                                    
                             Senate Resolve No. 2                                                  
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 130                                                                                            
Message dated May 17 was read, stating the House failed to adopt the                                
report of the Conference Committee with limited powers of free                                      
conference considering CS FOR SENATE BILL NO. 130(FIN) am                                           
and HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H,                                              
thus failing to adopt:                                                                              
                                                                                                    
          CONFERENCE CS FOR SENATE BILL NO. 130                                                     
          "An Act relating to workers' compensation and to                                          
          assigned risk pools; relating to the Alaska Insurance                                     
          Guaranty Association; establishing the Task Force on                                      
          Workers' Compensation; amending Rule 45, Alaska                                           
          Rules of Civil Procedure; and providing for an                                            
          effective date."                                                                          
                                                                                                    

2005-05-19                     Senate Journal                      Page 1700
President Stevens appointed a Free Conference Committee to meet                                     
with a like committee from the House to consider the bills:                                         
                                                                                                    
     Senator Therriault, Chair                                                                      
 Senator Huggins                                                                                    
 Senator French                                                                                     
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 141                                                                                            
Message dated May 17 was read, stating the House failed to adopt the                                
report of the Free Conference Committee considering CS FOR                                          
SENATE BILL NO. 141(FIN) and HOUSE CS FOR CS FOR                                                    
SENATE BILL NO. 141(FIN) am H, thus failing to adopt:                                               
                                                                                                    
     FREE CONFERENCE CS FOR SENATE BILL NO.                                                         
     141(Corrected) "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, 2006;                                      
     relating to university retirement programs; 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; providing                               
     for nonvested members of the teachers' retirement system                                       
     defined benefit plans to transfer into the teachers' retirement                                
     system defined contribution plan and for nonvested members                                     
     of the public employees' retirement system defined benefit                                     
     plans to transfer into the public employees' retirement system                                 
     defined contribution plan; providing for political subdivisions                                
     and public organizations to request to participate in the public                               
     employees' defined contribution retirement plan; and                                           
     providing for an effective date."                                                              
                                                                                                    
President Stevens appointed a 2d Free Conference Committee to meet                                  
with a like committee from the House to consider the bills:                                         

2005-05-19                     Senate Journal                      Page 1701
     Senator Gary Stevens, Chair                                                                    
 Senator Ben Stevens                                                                                
 Senator Guess                                                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate from 5:00 p.m. to 8:00 p.m. on May 20.                                    
Without objection, Senator Hoffman was excused.                                                     
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SCR 10                                                                                            
SENATE CONCURRENT RESOLUTION NO. 10 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 35, extending the termination                                
date of the State Board of Registration for Architects, Engineers, and                              
Land Surveyors, was 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 11:05 a.m., May 18, 2005.                              
                                                                                                    
SCR 15                                                                                            
SENATE CONCURRENT RESOLUTION NO. 15 Authorizing the                                                 
Legislative Budget and Audit Committee to pursue and direct                                         
litigation relating to state natural gas transportation, was 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 11:05 a.m., May 18, 2005.                                                               
                                                                                                    
                                                                                                    

2005-05-19                     Senate Journal                      Page 1702
SJR 11                                                                                            
SENATE JOINT RESOLUTION NO. 11 Urging the United States                                             
Congress to amend the tax code to repeal the federal excise tax on                                  
communications, was 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 11:05 a.m., May 18, 2005.                              
                                                                                                    
SJR 16                                                                                            
SENATE JOINT RESOLUTION NO. 16 Supporting legislation                                               
before the United States Congress that reaffirms the right of the states                            
to regulate hunting and fishing, was 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 11:05                                  
a.m., May 18, 2005.                                                                                 
                                                                                                    
SB 67                                                                                             
HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN) am H "An                                                
Act relating to claims for personal injury or wrongful death against                                
health care providers" was 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 11:05 a.m., May                                 
18, 2005.                                                                                           
                                                                                                    
SB 143                                                                                            
CS FOR SENATE BILL NO. 143(STA) "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 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 11:05                                  
a.m., May 18, 2005.                                                                                 
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., May 20, 2005. Without                                 
objection, the Senate adjourned at 6:06 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                    June 2005                       

2005-05-19                     Senate Journal                      Page 1703
                                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                                                         
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Jun 09        Thursday                  Anch Lio Conf Rm            10:00 AM                      
+             Joint w/(H) Transportation                                                            
              Force Account Projects Briefing -                                                     
              Pat Davidson, Leg. Auditor                                                            
              Privatization of Transportation Services                                              
              British Columbia                                                                      
              Public Testimony - General Contractors,                                               
              Builders and Others                                                                   
              Force Account Projects Presentation -                                                 
              DOT/PF                                                                                
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                         CONFERENCE COMMITTEE ON HB 1                                            
                                                                                                    
May 19        Thursday                         Location Tba               TBA                     
= HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
                                                                                                    
May 20        Friday                           Location Tba               TBA                     
= HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-19                     Senate Journal                      Page 1704
                    CONFERENCE COMMITTEE ON HB 66 & HB 67                                        
                                                                                                    
May 19        Thursday                         Location Tba               TBA                     
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
                                                                                                    
May 20        Friday                           Location Tba               TBA                     
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 73                                            
                                                                                                    
May 19        Thursday                  Senate Finance 532                TBA                     
= SB  73 STATE VIROLOGY LABORATORY                                                                  
                                                                                                    
May 20        Friday                    Senate Finance 532                TBA                     
= SB  73 STATE VIROLOGY LABORATORY                                                                  
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
May 23        Monday                    Anch Lio Conf Rm            10:00 AM                      
+             Full Committee Meeting