Legislature(2005 - 2006)

2005-02-04 Senate Journal

Full Journal pdf

2005-02-04                     Senate Journal                      Page 0219
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                      Friday                 February 4, 2005                       
                                                                                                    
                               Twenty-sixth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 10:04 a.m.                                                                               
                                                                                                    
The roll showed sixteen members present. Senators Cowdery, Green,                                   
Guess, Olson were excused from a call of the Senate.                                                
                                                                                                    
The prayer was offered by the Chaplain, Pastor Robert Sherwood of                                   
the Church of the Nazarene. Senator Hoffman moved and asked                                         
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
     My daughter had a premonition that she or someone close to                                     
     her was going to die. So we stopped on the on ramp to the                                      
     Florida turnpike and we prayed for her mom, dad, brother,                                      
     grandparents, aunts, uncles and our church. Then we                                            
     continued home.                                                                                
                                                                                                    
     The next day at 3:30, I was on my way home from the gym at                                     
     Homestead Air Force Base. The traffic slowed to a crawl.                                       
     There was an accident at the corner of Allapathah and                                          
     Coconut Palm. As I looked, it was my station wagon in the                                      
     intersection. I pulled over, saw my son on the side of the road                                
     and asked him if he was ok. He said he was ok but mom and                                      
     Krissy were not. I ran to the driver's side of the car, which                                  
     was missing, and my daughter was bleeding from her face                                        
     and head, screaming, "I don't want to die." A P.J. from my                                     
     reserve air rescue unit came up and said, "Get in the back seat                                
     and hold her head" so she wouldn't aggravate any neck                                          
     injuries.                                                                                      

2005-02-04                     Senate Journal                      Page 0220
     I went around the other side of the car to get in. My wife was                                 
     in the front seat turning blue with a large bloody gash on her                                 
     knee. I held Krissy's head and told her to go to manual,                                       
     breathe intentionally; she had hit her diaphragm on the dash                                   
     and had broken several ribs.                                                                   
                                                                                                    
     The rescue folks arrived and took over. Two French Allouette                                   
     helicopters landed in the intersection and took my bleeding                                    
     family to the nearest medical center. Driving to the medical                                   
     center at an illegal speed, I was angry at God and asked him,                                  
     "What in the name of Yourself are You doing?" He brought                                       
     to mind that we had prayed about this last night and my                                        
     family would be ok.                                                                            
                                                                                                    
     The next day I read in the paper that two people had died in                                   
     that accident - fortunately they had not. I read that it was also                              
     the first day the emergency trauma center was open and                                         
     helicopters were available to bring trauma victims to nearby                                   
     hospitals.                                                                                     
                                                                                                    
     May God protect these men and women here, dear God, when                                       
     they pray to You. May they love mercy, may they do justice                                     
     and may they walk humbly with their God. In their hour of                                      
       need, may You hear their prayer. In Jesus' name.          Amen.                             
                                                                                                    
                                                                                                    
Senator Ellis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the twenty-fourth and twenty-fifth legislative days be                                 
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated February 2 was read, stating the House passed and                                     
transmitted for consideration:                                                                      

2005-02-04                     Senate Journal                      Page 0221
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 47                                                                                             
CS FOR HOUSE BILL NO. 47(FIN) BY THE HOUSE FINANCE                                                  
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act extending the termination date of the Board                                       
          of Certified Real Estate Appraisers; and relating to                                      
          the requirements for membership on the Board of                                           
          Certified Real Estate Appraisers."                                                        
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
HB 64                                                                                             
HOUSE BILL NO. 64 BY REPRESENTATIVES HAWKER, Stoltze,                                               
Gara, entitled:                                                                                     
                                                                                                    
             "An Act extending the termination date for the Board                                  
                 of Public Accountancy; and providing for an                                       
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Report on Compensation and Travel Expenses 2004 (Notification of                                    
availability)                                                                                       
from Ray Matiashowski, Commissioner,                                                                
Department of Administration                                                                        
in accordance with AS 37.05.210                                                                     
available at: fin.admin.state.ak.us/dof/financial_reports/ctep_toc.jsp                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-04                     Senate Journal                      Page 0222
Report Listing Alaska Statutes with Delayed Repeals or Delayed                                      
Amendments and Report Examining Court Decisions and Opinions of                                     
the Attorney General Construing Alaska Statutes                                                     
from the Division of Legal and Research Services,                                                   
Legislative Affairs Agency                                                                          
in accordance with AS 24.20.065(b)                                                                  
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 22                                                                                             
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 22 "An Act adding birthing centers to the list of                                   
health facilities eligible for payment of medical assistance for needy                              
persons." Signing do pass: Senator Dyson, Chair; Senators Elton,                                    
Wilken.                                                                                             
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 55                                                                                             
The Resources Committee considered SENATE BILL NO. 55 "An                                           
Act instructing the commissioner of natural resources to issue a patent                             
for the remaining interest in certain state land to the owner of the                                
agricultural rights to that land." Signing do pass: Senator Wagoner,                                
Chair; Senators Elton, Ben Stevens, Seekins, Dyson.                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Natural                                            
       Resources                                                                                    
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 60                                                                                             
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 60 "An Act extending the termination date of the                                    
Statewide Suicide Prevention Council; and providing for an effective                                
date." Signing do pass: Senator Dyson, Chair; Senators Green, Elton,                                
Wilken.                                                                                             

2005-02-04                     Senate Journal                      Page 0223
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 69                                                                                             
The Resources Committee considered SENATE BILL NO. 69 "An                                           
Act making special appropriations to promote the opening of the                                     
Arctic National Wildlife Refuge for oil and gas exploration and                                     
development; and providing for an effective date." Signing do pass:                                 
Senator Wagoner, Chair; Senators Ben Stevens, Seekins, Dyson.                                       
Signing do not pass: Senator Elton.                                                                 
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 90                                                                                             
SENATE BILL NO. 90 BY SENATOR HUGGINS, entitled:                                                    
                                                                                                    
          "An Act relating to Alaska Territorial Guard Day."                                        
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
SB 91                                                                                             
SENATE BILL NO. 91 BY SENATOR HUGGINS, entitled:                                                    
                                                                                                    
          "An Act relating to payment of premiums for                                               
          Servicemembers' Group Life Insurance on behalf of                                         
          members of the Alaska National Guard deployed to a                                        
          combat zone; and providing for an effective date."                                        
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
SB 92                                                                                             
SENATE BILL NO. 92 BY SENATOR BEN STEVENS BY                                                        
REQUEST, entitled:                                                                                  
                                                                                                    

2005-02-04                     Senate Journal                      Page 0224
          "An Act relating to charges paid or collected by users                                    
          or occupants of an airport facility owned or                                              
          controlled by the state."                                                                 
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
SB 93                                                                                             
SENATE BILL NO. 93 BY SENATOR BEN STEVENS, entitled:                                                
                                                                                                    
          "An Act relating to commercial fishing permit and                                         
          vessel license fees; and providing for an effective                                       
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 94                                                                                             
SENATE BILL NO. 94 BY SENATORS DYSON, Davis, entitled:                                              
                                                                                                    
          "An Act relating to state employee health plans that                                      
          give employees the option to select a high deductible                                     
          health plan so as to qualify to establish a health                                        
          savings account."                                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Kenai Chamber of Commerce, 2004 Community Awards                                         
Senator(s) Wagoner, Ben Stevens, Cowdery, Davis, Dyson, Ellis,                                      
Elton, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wilken                                                                    
Representative(s) Olson, Chenault                                                                   
                                                                                                    
                                                                                                    

2005-02-04                     Senate Journal                      Page 0225
In Memoriam - Jon William Paulsen                                                                   
Representative(s) Guttenberg                                                                        
Senator(s) Seekins, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton,                               
Green, Hoffman, Huggins, Kookesh, Olson, Stedman, Gary Stevens,                                     
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 85                                                                                             
Senators Bunde, Therriault moved and asked unanimous consent to be                                  
shown as cosponsors on SENATE BILL NO. 85 "An Act repealing the                                     
ban on the use of certain off-road vehicles within five miles of the                                
right-of-way of the James Dalton Highway; and providing for an                                      
effective date." Without objection, it was so ordered.                                              
                                                                                                    
                                                                                                    
                                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., February 7, 2005.                                     
Without objection, the Senate adjourned at 10:14 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2005                        

2005-02-04                     Senate Journal                      Page 0226
                                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                                            
                                                                                                    
Feb 04        Friday                                Beltz 211         1:30 PM                     
+ SB  77 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                                    
                                                                                                    
Feb 07        Monday                                Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
+= SB  77 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                                   
                                                                                                    
Feb 09        Wednesday                             Beltz 211         1:30 PM                     
+ SB  86 STATE/MUNI LIABILITY FOR ATTORNEY FEES                                                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 11        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 14        Monday                    Senate Finance 532            1:30 PM                     
+             USCG/DEC SITUATION REPORT & OVERVIEW                                                  
              M/V SELENDANG AYU GROUNDING                                                           
              USCG Admiral Jim Olson                                                                
              DEC: Kurt Fredriksson, Acting Commissioner                                            
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Feb 04        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 07        Monday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    

2005-02-04                     Senate Journal                      Page 0227
                             FINANCE (continued)                                                 
                                                                                                    
Feb 08        Tuesday                   Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 09        Wednesday                 Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 10        Thursday                  Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 11        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 04        Friday                          Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 07        Monday                          Butrovich 205           1:30 PM                     
+ SB  84 CHILD PROTECTION CONFIDENTIALITY                                                           
+ SB  51 PUBLIC ASSISTANCE PROGRAMS                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 09        Wednesday                       Butrovich 205           1:30 PM                     
+ SB  75 PUBLIC HEALTH DISASTERS/EMERGENCIES                                                        
+ SB  73 STATE VIROLOGY LABORATORY                                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 11        Friday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Feb 08        Tuesday                         Butrovich 205           8:30 AM                     
+ SJR  1 CONST. AM:  APPROPRIATION LIMIT                                                            
+ SJR  4 CONST AM: BUDGET RESERVE FUND                                                              
+ SB  36 ABSENTEE BALLOT APPLICATIONS                                                               
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 09        Wednesday                       Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      

2005-02-04                     Senate Journal                      Page 0228
                            JUDICIARY (continued)                                                
                                                                                                    
Feb 10        Thursday                        Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 08        Tuesday                               Beltz 211         1:30 PM                     
              Commissioner Greg O'Claray                                                            
              Department of Labor & Workforce                                                       
              Development: Update on Training Programs                                              
              For Alaskans in Oil/Gas/Mining Industries                                             
+= SB  52 OCCUPATIONS/CORPORATIONS/BANKS/SECURITIES                                                 
              <Bill Hearing Rescheduled from 02/01/05>                                              
+= SB  25 GENETICALLY MODIFIED FISH                                                                 
              <Bill Hearing Rescheduled from 02/01/05>                                              
+ SB  67 CLAIMS AGAINST HEALTH CARE PROVIDERS                                                       
                                                                                                    
Feb 10        Thursday                              Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Feb 04        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 07        Monday                          Butrovich 205           3:30 PM                     
+ SJR  5 REAUTHORIZE METHANE HYDRATE RESEARCH ACT                                                   
                                                                                                    
Feb 09        Wednesday                       Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 11        Friday                                   Kenai          1:30 PM                     
              Joint w/(H) Resource                                                                  
              MTG HELD @ KENAI CHALLENGER CENTER                                                    
              Presentation by Cook Inlet O&G Industry                                               
              -- Testimony by Invitation Only --                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-04                     Senate Journal                      Page 0229
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 08        Tuesday                               Beltz 211         3:30 PM                     
+ SB  12 LIMIT RELATIONS WITH CERTAIN NATIONS                                                       
+ SB  76 ELECTIONS                                                                                  
                                                                                                    
Feb 10        Thursday                              Beltz 211         3:30 PM                     
+             Department of Administration -                                                        
              OVERVIEW: IMPACT OF HOUSE BILL 242 (2001)                                             
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Feb 08        Tuesday                         Butrovich 205           1:30 PM                     
= SB  63 USE SEAT BELT ROAD SIGNS                                                                   
= SB  40 KUSKOKWIM PORT AUTHORITY                                                                   
     SB  85 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY                                                  
                                                                                                    
Feb 10        Thursday                        Butrovich 205           1:30 PM                     
              Overview by:                                                                          
              Dept. Transportation & Public Facilities                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 26        Saturday                   Wasilla Lio Office         10:00 AM                      
+             Knik Arm Bridge & Toll Authority -                                                    
              Knik Arm Crossing Project, Presentation                                               
              by the Knik Arm Bridge and Toll Authority                                             
              Overview and Updates on the Project                                                   
              Question and Answer Session Following                                                 
              Presentation 10:00 a.m. - 11:30 a.m.                                                  
                   ----------------------------------------                                        
                                                                                                    
                                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.                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-04                     Senate Journal                      Page 0230
                          OTHER MEETINGS (continued)                                             
                                                                                                    
                                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                                                   
                                                                                                    
Mar 30        Wednesday                    House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski