Legislature(2005 - 2006)

2005-01-19 Senate Journal

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2005-01-19                     Senate Journal                      Page 0087
                                                                                                    
                                       SENATE JOURNAL                                            
                                                                                                    
                                  ALASKA STATE LEGISLATURE                                       
                                                                                                    
                                  TWENTY-FOURTH LEGISLATURE                                      
                                                                                                    
                                        FIRST SESSION                                            
                                                                                                    
Juneau, Alaska                              Wednesday                        January 19, 2005     
                                                                                                    
                                          Tenth Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:03 a.m.                                                                               
                                                                                                    
The roll showed fifteen members present. Senators Bunde, Guess,                                     
Olson were excused from a call of the Senate. Senators Green, Wilken                                
were absent.                                                                                        
                                                                                                    
The prayer was offered by the Chaplain, The Reverend George Silides                                 
of the Holy Trinity Episcopal Church. Senator Hoffman moved and                                     
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
   Almighty God, You proclaim Your truth in every age by many                                       
   voices: Direct in our time, I pray, those who speak where many                                   
   listen and write what many read; that they may do their part in                                  
   making the heart of Alaska's people wise, its mind sound, and                                    
   its will righteous.                                                                              
                                                                                                    
   In giving us dominion over things of the earth, You made us                                      
   fellow workers in Your creation. Give us wisdom and reverence                                    
   so to use the resources of nature, that no one may suffer from                                   
   our abuse of them, and that generations yet to come may enjoy                                    
   their bounty.                                                                                    
                                                                                                    
   Upon these gentle folk here gathered pour an abundance of                                        
   Your blessing, that they may be made ever more aware of those                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-01-19                     Senate Journal                      Page 0088
   they are called to serve. May the poor rejoice that they are                                     
   remembered here. May elders and children rejoice that they are                                   
   remembered here. May entrepreneurs and owners, students,                                         
   laborers and the unemployed rejoice that they are remembered                                     
   here.                                                                                            
                                                                                                    
   And as what tasks they have set before them is impossible to do                                  
   without true courage, grant them such a gift, that they may seek                                 
   and hear from unexpected places unexpected wisdom, and act                                       
   in unexpected ways to fulfill the highest expectations of their                                  
   calling.                                                                                Amen.    
                                                                                                    
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                        Certification                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the ninth legislative day be approved as certified by the                               
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                                 Standing Committee Reports                                      
                                                                                                    
Rules Committee Report dated January 13 was received, stating:                                      
                                                                                                    
In compliance with AS 24.10.030 and Uniform Rule 3(a), the Senate                                   
Rules Committee hereby reports its nomination of Kirsten Waid to                                    
serve as Secretary of the Senate for the Twenty-fourth Legislature and                              
recommends election by the Senate.                                                                  
                                                                                                    
The report was signed by Senator Cowdery, Chair; Senators Ben                                       
Stevens, Gary Stevens, Ellis, Kookesh.                                                              
                                                                                                    
Senator Cowdery moved and asked unanimous consent that the Rules                                    
Committee Report be adopted and Kirsten Waid be elected Secretary                                   
of the Senate. Without objection, the Rules Committee Report was                                    
adopted and Kirsten Waid was elected Secretary of the Senate.                                       
                                                                                                    
The presence of Senator Green was noted.                                                            

2005-01-19                     Senate Journal                      Page 0089
                         Introduction and Reference of Senate Bills                              
                                                                                                    
SB 63                                                                                             
SENATE BILL NO. 63 BY SENATOR BEN STEVENS, entitled:                                                
                                                                                                    
             "An Act relating to road signs encouraging the use of                                  
             safety belts."                                                                         
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
The presence of Senator Wilken was noted.                                                           
                                                                                                    
SB 64                                                                                             
SENATE BILL NO. 64 BY SENATOR SEEKINS, entitled:                                                    
                                                                                                    
             "An Act relating to the pay of members of the Alaska                                   
             National Guard and Alaska Naval Militia while in                                       
             active service primarily as a labor force."                                            
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
SB 65                                                                                             
SENATE BILL NO. 65 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
             "An Act relating to certain weapons offenses                                           
             involving minors; to aggravating factors in                                            
             sentencing for certain offenses committed against a                                    
             school employee; and providing for an effective                                        
             date."                                                                                 
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
                                                                                                    

2005-01-19                     Senate Journal                      Page 0090
Governor's transmittal letter dated January 18:                                                     
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill, the School Violence Prevention Act of 2005, that                               
addresses certain weapons violations by children and assault and other                              
crimes by adults in schools.  Violence by students and adults in                                    
schools is simply unacceptable.                                                                     
                                                                                                    
This bill would provide that minors who are 16 or 17 years old and                                  
commit certain felony misconduct involving weapons are                                              
automatically waived to adult court.  This will deter such potentially                              
lethal activity with a weapon by holding these minors accountable to                                
the same legal consequences adults face for this conduct.  When                                     
minors engage in a dispute and weapons are brought into the situation,                              
the negative effects are magnified for all involved.                                                
                                                                                                    
This bill also addresses violence by adults at school.  It would adopt an                           
aggravating factor in sentencing for those convicted of a crime against                             
a person, such as assault, on a school employee on school grounds or                                
at a school-sponsored event.                                                                        
                                                                                                    
The enactment of this legislation will send the message that Alaskans                               
will not tolerate violence in our schools, either by minors or adults.                              
All children and teachers in this state should have a safe environment                              
in which to work and learn.                                                                         
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 66                                                                                             
SENATE BILL NO. 66 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
                                                                                                    

2005-01-19                     Senate Journal                      Page 0091
             "An Act relating to absentee voting by mail or                                         
             electronic transmission; relating to unlawful                                          
             interference with an election; relating to election                                    
             recounts; and providing for an effective date."                                        
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Office of the Governor                                                    
                                                                                                    
Governor's transmittal letter dated January 18:                                                     
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to absentee voting by mail or electronic                               
transmission, to unlawful interference with an election, and to election                            
recounts.                                                                                           
                                                                                                    
Sections 2, 3, and 5 of the bill are designated as the Absentee Voter                               
Protection Act of 2005.  Section 2 of the bill would amend                                          
AS 15.20.081(a) to make it clear that a voter applying by mail or by                                
electronic transmission for an absentee ballot must submit the                                      
application directly to the Division of Elections.  This would eliminate                            
the possibility of interest groups soliciting applications for absentee                             
ballots and selectively submitting applications to the division.  Section                           
3 of the bill would amend AS 15.20.081(b) to require that the Division                              
of Elections receive the application not less than ten days before the                              
election for which the absentee ballot is sought.  Presently, the statute                           
requires that applications be received not less than seven days before                              
the election.  The earlier deadline should provide more time for the                                
absentee ballot to reach the voter.                                                                 
                                                                                                    
Section 5 of the bill would amend AS 15.56.060 to include among the                                 
activities constituting unlawful interference with an election (a class C                           
felony) intentionally changing, attempting to change, or causing to be                              
changed, an absentee ballot application prepared by another person                                  
without authorization by the person.                                                                

2005-01-19                     Senate Journal                      Page 0092
This bill also would increase the amount of the deposit to be posted for                            
certain election recounts and would require certain recount applicants                              
to bear the entire cost of the recount.  See section 4 of the bill.                                 
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
                                                                                                    
                                Consideration of the Calendar                                    
                                                                                                    
                                          Citations                                              
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                                  Special Order of Business                                      
                                                                                                    
Honoring - American Red Cross of Alaska                                                             
Representative(s) Coghill                                                                           
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citation be adopted. Without objection, the citation was adopted and                                
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                                     Unfinished Business                                         
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that                                         
President Stevens be excused from a call of the Senate from morning                                 
plane time, February 16 through morning plane time, February 24.                                    
Without objection, Senator Ben Stevens was excused.                                                 
                                                                                                    

2005-01-19                     Senate Journal                      Page 0093
President Stevens made the following appointments:                                                  
                                                                                                    
Legislative Budget and Audit Committee                                                            
 Senator Therriault, Chair                                                                          
 Senator Ben Stevens                                                                                
 Senator Stedman                                                                                    
 Senator Green                                                                                      
 Senator Wilken (alternate)                                                                         
                                                                                                    
Memo dated January 18, was received, stating President Stevens made                                 
the following appointment:                                                                          
                                                                                                    
Knik Arm Bridge and Toll Authority                                                                
 Senator Lyda Green                                                                                 
                                                                                                    
                                                                                                    
                                        Announcements                                            
                                                                                                    
Senator Therriault, Chair, announced a meeting of the Legislative                                   
Budget and Audit Committee on January 21 at 8:00 a.m.                                               
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                         Adjournment                                             
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 10:00 a.m., January 21, 2005.                                     
Without objection, the Senate adjourned at 11:21 a.m.                                               
                                                                                                    
                                                                                     Kirsten Waid   
                                                                      Secretary of the Senate       
                                                                                                    
                                                                                     January 2005   

2005-01-19                     Senate Journal                      Page 0094
                                        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                                     
                                                                                                    
Jan 24             Monday                            Senate Finance 532                     1:30 PM
+                  JOINT W/(H) COMMUNITY & REGIONAL AFFAIRS                                         
                   Local Boundary Commission Report                                                 
                   Overview of Annual Report                                                        
                   <Listen Only>                                                                    
                                                                                                    
Jan 26             Wednesday                            Fahrenkamp 203                      1:30 PM
+ SB  14 MUNICIPAL  ELECTIONS                                                                       
+ SB  51 PUBLIC ASSISTANCE PROGRAMS                                                                 
                                                                                                    
Jan 28             Friday                               Fahrenkamp 203                      1:30 PM
                   No Meeting Scheduled                                                             
                          ----------------------------------------                                 
                                                                                                    
                                           FINANCE                                               
                                                                                                    
Jan 19             Wednesday                         Senate Finance 532                     9:00 AM
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 20             Thursday                          Senate Finance 532                     9:00 AM
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 21             Friday                            Senate Finance 532                     9:00 AM
                   No Meeting Scheduled                                                             
                          ----------------------------------------                                 
                                                                                                    

2005-01-19                     Senate Journal                      Page 0095
                             HEALTH, EDUCATION & SOCIAL SERVICES                                 
                                                                                                    
Jan 19             Wednesday                         Senate Finance 532                     1:30 PM
                   -- Location Change --                                                            
+                  JOINT W/(H) H.E.S.S.                                                             
                   Overview Presentation:                                                           
                   Governor's Council on Disabilities &                                             
                   Special Education                                                                
+ SB  10 PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                      
+ SB  22 MEDICAID COVERAGE FOR BIRTHING CENTERS                                                     
                                                                                                    
Jan 21             Friday                                    Butrovich 205                  1:30 PM
                   No Meeting Scheduled                                                             
                          ----------------------------------------                                 
                                                                                                    
                                          JUDICIARY                                              
                                                                                                    
Jan 19             Wednesday                                 Butrovich 205                  8:30 AM
+ SB  19 CIVIL LEGAL SERVICES FUND                                                                  
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Jan 20             Thursday                                  Butrovich 205                  8:30 AM
+                  Bills Previously Heard/Scheduled                                                 
                          ----------------------------------------                                 
                                                                                                    
                                      LABOR & COMMERCE                                           
                                                                                                    
Jan 20             Thursday                                         Beltz 211               1:30 PM
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 25             Tuesday                                          Beltz 211               1:30 PM
                   L&C Committee Organizational Meeting                                             
                                                                                                    
Jan 27             Thursday                                         Beltz 211               1:30 PM
+ SB  42 NATUROPATHIC MEDICINE TASK FORCE                                                           
+ SB   2 LIEN REQUIREMENTS                                                                          
                          ----------------------------------------                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-01-19                     Senate Journal                      Page 0096
                                          RESOURCES                                              
                                                                                                    
Jan 19             Wednesday                                 Butrovich 205                  1:00 PM
                   -- Time Change --                                                                
                   JOINT W/(H) RESOURCES                                                            
                   Overview:                                                                        
+                  Dept of Fish & Game                                                              
+                  Dept of Natural Resources                                                        
+                  Natural Gas 101                                                                  
                                                                                                    
Jan 21             Friday                                    Butrovich 205                  3:30 PM
                   No Meeting Scheduled                                                             
                          ----------------------------------------                                 
                                                                                                    
                                        STATE AFFAIRS                                            
                                                                                                    
Jan 20             Thursday                                         Beltz 211               3:30 PM
      SB  36 ABSENTEE BALLOT APPLICATIONS                                                           
                          ----------------------------------------                                 
                                                                                                    
                                       TRANSPORTATION                                            
                                                                                                    
Jan 20             Thursday                                  Butrovich 205                  1:30 PM
                   No Meeting Scheduled                                                             
                          ----------------------------------------                                 
                                                                                                    
                                      JOINT COMMITTEES                                           
                                                                                                    
                                 LEGISLATIVE BUDGET & AUDIT                                      
                                                                                                    
Jan 21             Friday                                     Location Tba                  8:00 AM
                   Organizational Meeting & Work Session                                            
                   Gas Pipeline Issues