Legislature(2005 - 2006)

2005-01-27 Senate Journal

Full Journal pdf

2005-01-27                     Senate Journal                      Page 0171
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                    Thursday                 January 27, 2005                       
                                                                                                    
                                Eighteenth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:12 a.m.                                                                               
                                                                                                    
The roll showed fifteen members present. Senators Cowdery and                                       
Guess were excused from a call of the Senate. Senators Bunde,                                       
Hoffman, Therriault were absent.                                                                    
                                                                                                    
The prayer was offered by the Chaplain, Pastor Dan Wanders of the                                   
Aldersgate United Methodist Church. Senator Olson moved and asked                                   
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
            Loving God, We thank You for the friendships                                            
            and mutual care within this chamber, and we                                             
            pray that when there are tensions they can be                                           
            resolved with increased mutual regard and                                               
            respect. We ask Your blessing upon the senate                                           
            staff and any senator facing medical concerns.                                          
            Guide the deliberations within the committees                                           
            and this body. Watch over the senators as they                                          
            travel home and back, and keep a watchful eye                                           
               over constituents as they come to Juneau. Amen.                                     
                                                                                                    
Senator Green led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-01-27                     Senate Journal                      Page 0172
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the seventeenth legislative day be approved as certified by                             
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
The presence of Senator Bunde was noted.                                                            
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Alaska International Airport System                                                                 
FY06 Construction Fund Spending Plan                                                                
from Mike Barton, Commissioner, Department of Transportation and                                    
Public Facilities                                                                                   
in accordance with AS 37.15.420                                                                     
                                                                                                    
Annual Review of Assets, Financial Statements June 30, 2004                                         
Alaska Industrial Development and Export Authority                                                  
from Ron Miller, Executive Director                                                                 
in accordance with AS 44.88.205                                                                     
                                                                                                    
2004 Annual Report                                                                                  
Alaska Industrial Development and Export Authority                                                  
from Ron Miller, Executive Director                                                                 
in accordance with AS 44.88.210                                                                     
available at: www.aidea.org                                                                         
                                                                                                    
Annual Report of the Interstate Commission for Adult Offender                                       
Supervision                                                                                         
from Marc Antrim, Commissioner, Department of Corrections                                           
in accordance with AS 33.36.110                                                                     
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 32                                                                                             
The Resources Committee considered SENATE BILL NO. 32 "An                                           
Act permitting grants to certain regulated public utilities for water                               
quality enhancement projects and water supply and wastewater                                        
systems" and recommended it be replaced with                                                        

2005-01-27                     Senate Journal                      Page 0173
          CS FOR SENATE BILL NO. 32(RES) "An Act                                                    
          permitting grants to certain public utilities for water                                   
          quality enhancement projects and water supply and                                         
          wastewater systems."                                                                      
                                                                                                    
Signing do pass: Senator Wagoner, Chair; Senators Dyson, Ben                                        
Stevens, Seekins. Signing do not pass: Senator Elton. Signing no                                    
recommendation: Senator Stedman.                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Environmental Conservation                                        
 Fiscal Note No. 2, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 51                                                                                             
The Community and Regional Affairs Committee considered                                             
SENATE BILL NO. 51 "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." Signing do                               
pass: Senator Gary Stevens, Chair; Senators Wagoner, Kookesh, Ellis.                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
 Fiscal Note No. 2, Department of Health and Social Services                                        
 Fiscal Note No. 3, Department of Health and Social Services                                        
 Fiscal Note No. 4, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Health, Education and Social Services                                  
Committee.                                                                                          
                                                                                                    
SJR 2                                                                                             
The Resources Committee considered SENATE JOINT                                                     
RESOLUTION NO. 2 Urging the United States Congress to pass                                          
legislation to open the coastal plain of the Arctic National Wildlife                               

2005-01-27                     Senate Journal                      Page 0174
Refuge, Alaska, to oil and gas exploration, development, and                                        
production. Signing do pass: Senator Wagoner, Chair; Senators Ben                                   
Stevens, Stedman, Seekins, Dyson. Signing do not pass: Senator Elton.                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - St. Mary's Episcopal Church                                                              
Senator(s) Ellis, Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                 
Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - YWCA 2004 Women of Achievement Award Winner,                                             
Susan Churchill                                                                                     
Senator(s) Ellis, Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                 
Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Gordon Jensen                                                                         
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Hoffman, Huggins, Kookesh, Olson, Seekins,                                     
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Wilson                                                                            
                                                                                                    
In Memoriam - Joan Elva Corlis                                                                      
Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary                                     
Stevens, Therriault, Wagoner, Wilken                                                                
                                                                                                    
In Memoriam - Florence Orr                                                                          
Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary                                     
Stevens, Therriault, Wagoner, Wilken                                                                

2005-01-27                     Senate Journal                      Page 0175
In Memoriam - Ronald Wilson Reagan                                                                  
Representative(s) Kohring, Gatto, Neuman, Stoltze                                                   
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, French, Hoffman, Kookesh, Olson, Seekins,                                      
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Marguerite Mead                                                                       
Representative(s) Meyer                                                                             
Senator(s) Cowdery, Ben Stevens, Bunde, Davis, Dyson, Ellis, Elton,                                 
Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary                                     
Stevens, Therriault, Wagoner, Wilken                                                                
                                                                                                    
In Memoriam - Sadie Neakok                                                                          
Representative(s) Joule                                                                             
Senator(s) Olson, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, French, Green, Hoffman, Huggins, Kookesh, 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                                                 
                                                                                                    
Senator Stedman moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 2 through 4 and on February 8.                                
Without objection, Senator Stedman was excused.                                                     
                                                                                                    
Senator Ellis moved and asked unanimous consent to be excused from                                  
a call of the Senate on January 31 to morning plane time. Without                                   
objection, Senator Ellis was excused.                                                               
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from the Senate, not subject to a call, from February 2 through plane                               
time, February 4. Without objection, Senator Olson was excused.                                     
                                                                                                    
Senator Wagoner moved and asked unanimous consent to be excused                                     
from a call of the Senate on January 31 to plane time. Without                                      
objection, Senator Wagoner was excused.                                                             
                                                                                                    

2005-01-27                     Senate Journal                      Page 0176
Senator Davis moved and asked unanimous consent to amend her                                        
previous excusal return date from plane time, February 3 to plane                                   
time, February 2. Without objection, Senator Davis was excused.                                     
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., January 31, 2005.                                     
Without objection, the Senate adjourned at 11:25 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                January 2005                        

2005-01-27                     Senate Journal                      Page 0177
                                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 28        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 31        Monday                                Beltz 211         1:30 PM                     
+= SB  14 MUNICIPAL  ELECTIONS                                                                      
                                                                                                    
Feb 02        Wednesday                             Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 04        Friday                                Beltz 211         1:30 PM                     
+ SB  77 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                                    
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 27        Thursday                  Senate Finance 532            9:30 AM                     
              -- Note Time Change --                                                                
+             Department of Revenue:                                                                
              Role of ASPIB & Treasury Division                                                     
              Department of Administration:                                                         
              Tier Redesign Project Report                                                          
                                                                                                    
Jan 28        Friday                    Senate Finance 532            9:00 AM                     
+             Continuation of Tier Redesign Project                                                 
              Report (if needed)                                                                    
                                                                                                    
                                                                                                    

2005-01-27                     Senate Journal                      Page 0178
                             FINANCE (continued)                                                 
                                                                                                    
Jan 31        Monday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 01        Tuesday                   Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 02        Wednesday                 Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 03        Thursday                  Senate Finance 532            9:00 AM                     
              -- Teleconference <Listen Only> --                                                    
              Joint w/(H) Finance                                                                   
              University of Alaska Presentation                                                     
                                                                                                    
Feb 04        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Jan 28        Friday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 31        Monday                          Butrovich 205          12:00 PM                     
              Presentation: Adequate Yearly Progress                                                
              (AYP) Portion of the No Child Left Behind                                             
              School Accountability Act (NCLB), and                                                 
              the Reporting of Student Progress.                                                    
              Commissioner Roger Sampson and Les Morse of the                                       
                Department of Education and Early Development.                                     
                                                                                                    
Jan 31        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 02        Wednesday                       Butrovich 205           1:30 PM                     
+ SB  60 EXTEND SUICIDE PREVENTION COUNCIL                                                          
+= SB  22 MEDICAID COVERAGE FOR BIRTHING CENTERS                                                    
                                                                                                    
Feb 04        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      

2005-01-27                     Senate Journal                      Page 0179
                                  JUDICIARY                                                      
                                                                                                    
Jan 27        Thursday                        Butrovich 205           8:30 AM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 01        Tuesday                         Butrovich 205           8:30 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 02        Wednesday                       Butrovich 205           8:30 AM                     
+             Overview of the Department of Law                                                     
              (Continued from 1/26/05 Meeting)                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 03        Thursday                        Butrovich 205           8:30 AM                     
+             Overview of Therapeutic Courts                                                        
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Jan 27        Thursday                              Beltz 211         1:30 PM                     
+ SB  42 NATUROPATHIC MEDICINE TASK FORCE                                                           
+ SB   2 LIEN REQUIREMENTS                                                                          
                                                                                                    
Feb 01        Tuesday                               Beltz 211         1:30 PM                     
+ SB  52 OCCUPATIONS/CORPORATIONS/BANKS/SECURITIES                                                  
+ SB  25 GENETICALLY MODIFIED FISH                                                                  
                                                                                                    
Feb 03        Thursday                              Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Jan 28        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 31        Monday                          Butrovich 205           3:30 PM                     
              -- Teleconference <Listen Only> --                                                    
              Bills Previously Heard/Scheduled                                                      
= SB  69 APPROP: GRANT TO ARCTIC POWER FOR ANWR                                                     
              Overview - Division of Oil and Gas                                                    
              Director Mark Myers                                                                   

2005-01-27                     Senate Journal                      Page 0180
                            RESOURCES (continued)                                                
                                                                                                    
Feb 02        Wednesday                 Senate Finance 532           12:00 PM                     
              -- Time and Location Change --                                                        
              Joint w/(H) Resource                                                                  
              Alaska Mining Industry Overview                                                       
              Work Session                                                                          
                                                                                                    
Feb 02        Wednesday                       Butrovich 205           3:30 PM                     
+ SB  55 AGRICULTURAL LAND                                                                          
                                                                                                    
Feb 04        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Jan 27        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 01        Tuesday                               Beltz 211         3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 03        Thursday                              Beltz 211         3:30 PM                     
+             Overview: Department of Administration -                                              
              Hearings and Appeals                                                                  
+             Legislative Legal Services -                                                          
              Review Process of Department Proposed                                                 
              Regulations                                                                           
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Jan 27        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 01        Tuesday                         Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 03        Thursday                        Butrovich 205           1:30 PM                     
     SB  63 USE SEAT BELT ROAD SIGNS                                                                
     SB  40 KUSKOKWIM PORT AUTHORITY                                                                

2005-01-27                     Senate Journal                      Page 0181
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                 CORRECTIONS                                                     
                                                                                                    
Feb 03        Thursday                  Senate Finance 532            4:00 PM                     
              (For Corrections, Court System and H&SS)                                              
              Mental Health Trust Authority                                                         
              Presentation                                                                          
              (Teleconferencing available upon                                                      
              request with 24-hour notice)                                                          
                   ----------------------------------------                                        
                                                                                                    
                                 COURT SYSTEM                                                    
                                                                                                    
Feb 03        Thursday                  Senate Finance 532            4:00 PM                     
              (For Corrections, Court System and H&SS)                                              
              Mental Health Trust Authority                                                         
              Presentation                                                                          
              (Teleconferencing available upon                                                      
              request with 24-hour notice)                                                          
                   ----------------------------------------                                        
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                                                                                                    
Feb 03        Thursday                  Senate Finance 532            4:00 PM                     
              (For Corrections, Court System and H&SS)                                              
              Mental Health Trust Authority                                                         
              Presentation                                                                          
              (Teleconferencing available upon                                                      
              request with 24-hour notice)                                                          
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Feb 02        Wednesday                           Capitol 17          1:00 PM                     
+             Committee Orientation and Regulatory                                                  
              Process Overview                                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2005-01-27                     Senate Journal                      Page 0182
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Feb 03        Thursday                  Senate Finance 532           12:00 PM                     
              --Agenda to be Announced--                                                            
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Feb 08        Tuesday                         Butrovich 205          12:00 PM                     
+             Alaska Children's Justice Act Task Force                                              
              Reviewing Practice, Policy, and Laws on                                               
              Child Abuse.                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Feb 23        Wednesday                    House Chamber            11:00 AM                      
              State of the Judiciary                                                                
              Chief Justice Alexander O. Bryner                                                     
                                                                                                    
Feb 24        Thursday                     House Chamber            11:00 AM                      
              Address by U.S. Senator Ted Stevens