Legislature(2005 - 2006)

2005-02-09 Senate Journal

Full Journal pdf

2005-02-09                     Senate Journal                      Page 0251
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                   Wednesday                 February 9, 2005                       
                                                                                                    
                               Thirty-first Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:06 a.m.                                                                               
                                                                                                    
The roll showed seventeen members present. Senators Guess,                                          
Kookesh, Wagoner were excused from a call of the Senate.                                            
                                                                                                    
The prayer was offered by the Chaplain, Major Larry Fankhauser of                                   
The Salvation Army. Senator Hoffman moved and asked unanimous                                       
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
           Dear Lord: I would ask Your blessing on each                                             
           senator gathered here today.                                                             
                                                                                                    
           I would pray that You would deliver us from being                                        
           so overcome by minor things we lose sight of the                                         
           main point. That You would teach us how to listen                                        
           to the prompting of Your Spirit, and by doing so,                                        
           save us from being tossed to and fro from                                                
           indecision.                                                                              
                                                                                                    
           And Lord, I would take this moment to remember                                           
           the families of those in Iran and Afghanistan.                                           
                                                              Amen.                                 
                                                                                                    
                                                                                                    
Senator Davis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-09                     Senate Journal                      Page 0252
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the twenty-ninth and thirtieth legislative days be approved                            
as certified by the Secretary. Without objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    
Annual Loan Fund Report                                                                             
Alaska Drinking Water and Clean Water Funds                                                         
from Kurt Fredriksson, Acting Commissioner                                                          
Department of Environmental Conservation                                                            
in accordance with AS 37.05.035                                                                     
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 25                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
25 "An Act relating to labeling and identification of genetically                                   
modified fish and fish products." Signing no recommendation: Senator                                
Bunde, Chair. Signing do pass: Senators Ellis, Davis, Seekins, Ben                                  
Stevens.                                                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Environmental                                               
       Conservation                                                                                 
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Resources Committee.                                                   
                                                                                                    
SB 63                                                                                             
The Transportation Committee considered SENATE BILL NO. 63                                          
"An Act relating to road signs encouraging the use of safety belts" and                             
recommended it be replaced with                                                                     

2005-02-09                     Senate Journal                      Page 0253
                                                                                                    
          CS FOR SENATE BILL NO. 63(TRA)                                                            
                                                                                                    
Signing do pass: Senator Huggins, Chair; Senators French, Kookesh,                                  
Therriault, Cowdery.                                                                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Transportation                                     
       and Public Facilities                                                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 65                                                                                             
The Judiciary Committee considered SENATE BILL NO. 65 "An Act                                       
relating to certain weapons offenses involving minors; to aggravating                               
factors in sentencing for certain offenses committed against a school                               
employee; and providing for an effective date" and recommended it be                                
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 65(JUD) "An Act                                                    
          relating to certain weapons offenses involving                                            
          minors; relating to aggravating factors in sentencing                                     
          for certain offenses committed on school grounds, on                                      
          a school bus, at a school-sponsored event, or in the                                      
          administrative offices of a school district; and                                          
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators French, Huggins.                                  
Signing no recommendation: Senator Therriault.                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SJR 4                                                                                             
The Judiciary Committee considered SENATE JOINT RESOLUTION                                          
NO. 4 Proposing amendments to the Constitution of the State of                                      
Alaska relating to the budget reserve fund and to uses of money in the                              
general fund available for appropriation at the end of each fiscal year;                            

2005-02-09                     Senate Journal                      Page 0254
and providing for an effective date for the amendments. Signing do                                  
pass: Senator Seekins, Chair. Signing no recommendation: Senators                                   
French, Therriault, Huggins.                                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Office of the Governor                                                          
                                                                                                    
The resolution was referred to the Finance Committee.                                               
                                                                                                    
SJR 5                                                                                             
The Resources Committee considered SENATE JOINT                                                     
RESOLUTION NO. 5 Urging the United States Congress to                                               
reauthorize the Methane Hydrate Research and Development Act.                                       
Signing do pass: Senator Seekins, Vice Chair; Senators Elton, Ben                                   
Stevens, Dyson, Stedman.                                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 97                                                                                             
SENATE BILL NO. 97 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act making supplemental, capital, and other                                           
          appropriations, and reappropriations; amending                                            
          appropriations; making appropriations to capitalize                                       
          funds; making an appropriation under art. IX, sec.                                        
          17(c), Constitution of the State of Alaska, from the                                      
          constitutional budget reserve fund; and providing for                                     
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
A spreadsheet from the Office of the Governor, Office of Management                                 
and Budget, was submitted. The spreadsheet also applies to SB 62 and                                
SB 98.                                                                                              

2005-02-09                     Senate Journal                      Page 0255
Governor's transmittal letter dated February 7:                                                     
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
I am transmitting to you today two supplemental appropriation bills                                 
for Fiscal Year 2005.  Issues requiring attention on an expedited basis                             
are in a separate "fast track" bill.  The enclosed bill, however, includes                          
supplemental needs with less immediate timing requirements.                                         
                                                                                                    
We are submitting a combined package (both "fast track" and regular)                                
that, along with the previously transmitted Division of Elections                                   
supplemental bill, totals $141.3 million in general funds.  This reflects                           
necessary program cost increases, along with several priority                                       
initiatives.                                                                                        
                                                                                                    
There always are circumstances beyond state government's                                            
management control such as fire costs, response to disasters, and large                             
self-insurance losses.  In addition, funding is included for my initiative                          
to fight substance abuse.  This bill totals $43.6 million in general                                
funds.                                                                                              
                                                                                                    
In some instances, we have been able to cover shortfalls in one area by                             
excess appropriations in another. One example is that based on current                              
estimates of general funds needed for the foundation formula, $14.1                                 
million can be transferred to cover other supplemental needs.  Another                              
$2.2 million is available for reallocation from adult public assistance                             
and the general relief program.                                                                     
                                                                                                    
The administration's goal is to do all we can to limit future                                       
supplemental requests.  To that end, we look forward to working with                                
you on the funding levels for the Fiscal Year 2006 operating budget.                                
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 98                                                                                             
SENATE BILL NO. 98 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               

2005-02-09                     Senate Journal                      Page 0256
          "An Act making supplemental appropriations, capital                                       
          appropriations, other appropriations, and                                                 
          reappropriations; amending appropriations; making                                         
          appropriations to capitalize funds; and providing for                                     
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
A spreadsheet from the Office of the Governor, Office of Management                                 
and Budget, was submitted. The spreadsheet also applies to SB 62 and                                
SB 97.                                                                                              
                                                                                                    
Governor's transmittal letter dated February 7:                                                     
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
Today I am transmitting two supplemental appropriation bills for                                    
Fiscal Year 2005.  This bill, sometimes referred to as the "fast track"                             
supplemental bill, includes items that have particularly tight time                                 
requirements that are not accommodated by the usual passage of                                      
supplemental appropriations later in the spring.                                                    
                                                                                                    
The "fast track" supplemental totals $97 million in general funds.  Our                             
management goal was to include requests for circumstances that were                                 
not within the departments' control or were unanticipated when the FY                               
2005 budget was finalized, such as the small community energy                                       
assistance program, gasline costs, and Medicaid increases.                                          
                                                                                                    
In addition, we are requesting federal funds of $99 million primarily                               
for Medicaid and transportation projects that are ready to go to bid for                            
the upcoming construction season.                                                                   
                                                                                                    
I request that you put this bill on a "fast track" for final action in early                        
March.                                                                                              
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    

2005-02-09                     Senate Journal                      Page 0257
SB 99                                                                                             
SENATE BILL NO. 99 BY SENATORS ELLIS, Davis, French,                                                
entitled:                                                                                           
                                                                                                    
             "An Act making an appropriation for construction of                                   
              an integrated science complex at the University of                                   
          Alaska; and providing for an effective date."                                             
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 62                                                                                             
SENATE BILL NO. 62 was read the third time.                                                         
                                                                                                    
The question being: "Shall SENATE BILL NO. 62 "An Act making a                                      
supplemental appropriation for increased operating costs of the                                     
division of elections; and providing for an effective date" pass the                                
Senate?" The roll was taken with the following result:                                              
                                                                                                    
SB 62                                                                                               
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  0   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Wilken                                                                                              
                                                                                                    
Excused:  Guess, Kookesh, Wagoner                                                                   
                                                                                                    
Absent:  Therriault                                                                                 
                                                                                                    
and so, SENATE BILL NO. 62 passed the Senate.                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       

2005-02-09                     Senate Journal                      Page 0258
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SJR 2                                                                                             
SENATE JOINT RESOLUTION NO. 2 Urging the United States                                              
Congress to pass legislation to open the coastal plain of the Arctic                                
National Wildlife Refuge, Alaska, to oil and gas exploration,                                       
development, and production was read the second time.                                               
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Without objection, it was so ordered.                                      
                                                                                                    
SENATE JOINT RESOLUTION NO. 2 was read the third time.                                              
                                                                                                    
The question being: "Shall SENATE JOINT RESOLUTION NO. 2                                            
Urging the United States Congress to pass legislation to open the                                   
coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and                            
gas exploration, development, and production, pass the Senate?" The                                 
roll was taken with the following result:                                                           
                                                                                                    
SJR 2                                                                                               
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  15   NAYS:  1   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Hoffman,                                 
Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G, Wilken                                      
                                                                                                    
Nays:  Elton                                                                                        
                                                                                                    
Excused:  Guess, Kookesh, Wagoner                                                                   
                                                                                                    
Absent:  Therriault                                                                                 
                                                                                                    
and so, SENATE JOINT RESOLUTION NO. 2 passed the Senate and                                         
was referred to the Secretary for engrossment.                                                      
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 14 and March 9, 10 and 11.                                    
Without objection, Senator Hoffman was excused.                                                     

2005-02-09                     Senate Journal                      Page 0259
Senator Wilken moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from afternoon plane time,                                  
February 17 through evening plane time, February 21. Without                                        
objection, Senator Wilken was excused.                                                              
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SJR 2                                                                                             
SENATE JOINT RESOLUTION NO. 2 Urging the United States                                              
Congress to pass legislation to open the coastal plain of the Arctic                                
National Wildlife Refuge, Alaska, to oil and gas exploration,                                       
development, and production, was engrossed, signed by the President                                 
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., February 10, 2005.                                    
Without objection, the Senate adjourned at 11:42 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2005                        

2005-02-09                     Senate Journal                      Page 0260
                                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 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 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                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-09                     Senate Journal                      Page 0261
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 09        Wednesday                       Butrovich 205           1:30 PM                     
+ SB  75 PUBLIC HEALTH DISASTERS/EMERGENCIES                                                        
+ SB  73 STATE VIROLOGY LABORATORY                                                                  
+             Bills Previously Heard/Scheduled                                                      
+= SB  84 CHILD PROTECTION CONFIDENTIALITY                                                          
+= SB  51 PUBLIC ASSISTANCE PROGRAMS                                                                
                                                                                                    
Feb 11        Friday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Feb 09        Wednesday                       Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 10        Thursday                        Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 10        Thursday                              Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
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 --                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-02-09                     Senate Journal                      Page 0262
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 10        Thursday                              Beltz 211         3:30 PM                     
+             Department of Administration -                                                        
              OVERVIEW: IMPACT OF HOUSE BILL 242 (2001)                                             
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
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.                                                               
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Feb 15        Tuesday                   Senate Finance 532            9:00 AM                     
              Briefings by General Chandler                                                         
              and General Christensen                                                               
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Feb 11        Friday                    Senate Finance 532            8:00 AM                     
              -- Teleconference Available --                                                        
              Informal Work Session:                                                                
              Issues before the Federal Energy                                                      
              Regulatory Commission                                                                 
              *Testimony by Invitation Only                                                         
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2005-02-09                     Senate Journal                      Page 0263
                                OTHER MEETINGS                                                   
                                                                                                    
                                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