Legislature(2005 - 2006)
2005-02-14 Senate Journal
Full Journal pdf2005-02-14 Senate Journal Page 0291 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Monday February 14, 2005 Thirty-sixth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:08 a.m. The roll showed sixteen members present. Senators French, Hoffman were excused from a call of the Senate. Senators Guess, Therriault were absent. Senator Gary Stevens moved and asked unanimous consent that Senator Guess be excused from a call of the Senate today and on February 16 and 18. Without objection, Senator Guess was excused. The prayer was offered by the Chaplain, Pastor Tom Matthews of the Douglas Island Bible Church. Senator Olson moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Respecting the various beliefs represented here today, I would ask you to join me in prayer. Dear Lord: Today is the day nationwide that people are celebrating the wonders of love. Valentine's day reminds us of the beauty of both the giving and receiving of love. I thank You that You are the perfect example of love for us. Help us to love each other with the same sacrificial love You showed in giving us Your son, Jesus Christ. Lord, we acknowledge Your sovereignty over the proceedings this day. You have placed each of these senators in the positions they hold, and we ask Your guidance for them in the difficult assessments of information and decisions to be made. 2005-02-14 Senate Journal Page 0292 We really love this great state You have given us Lord. It is so full of the wonder and beauty of Your creation. Thank You for it. Bless it this day. Help it to prosper. In all this we are careful to give You the glory. I lift this prayer in Your most holy name, Amen. Senator Bunde led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the thirty-second through thirty-fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Therriault was noted. Communications Disclosure letters received in accordance with AS 24.60 will be published in Senate Journal Supplement No. 1 and House and Senate Joint Journal Supplement No. 2. Standing Committee Reports SB 60 The Finance 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: Senators Wilken, Green, Cochairs; Senators Olson, Stedman. The following fiscal information was published today: Fiscal Note No. 2, Department of Health and Social Services The bill was referred to the Rules Committee. 2005-02-14 Senate Journal Page 0293 SB 73 The Health, Education and Social Services Committee considered SENATE BILL NO. 73 "An Act relating to a lease-purchase agreement for the construction, equipping, and financing of a state virology laboratory in Fairbanks, on land provided by the University of Alaska, Fairbanks, to be operated by the Department of Health and Social Services; relating to the issuance of certificates of participation for the laboratory; relating to the use of certain investment income for certain construction and equipment costs for the laboratory; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 73(HES) "An Act relating to a lease-purchase agreement for the construction, equipping, and financing of a state virology laboratory in Fairbanks to be operated by the Department of Health and Social Services; relating to the issuance of certificates of participation for the laboratory; relating to the use of certain investment income for certain construction and equipment costs for the laboratory; and providing for an effective date." Signing do pass: Senator Dyson, Chair; Senator Wilken. Signing no recommendation: Senators Elton, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, Department of Health and Social Services Fiscal Note No. 3, Department of Health and Social Services The bill was referred to the Finance Committee. SB 75 The Health, Education and Social Services Committee considered SENATE BILL NO. 75 "An Act relating to public health and public health emergencies and disasters; relating to duties of the public defender and office of public advocacy regarding public health matters; relating to certain claims for public health matters; making conforming amendments; and providing for an effective date" and recommended it be replaced with 2005-02-14 Senate Journal Page 0294 CS FOR SENATE BILL NO. 75(HES) Signing do pass: Senator Dyson, Chair; Senators Elton, Wilken, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Health and Social Services The bill was referred to the State Affairs Committee. SB 84 The Health, Education and Social Services Committee considered SENATE BILL NO. 84 "An Act relating to the confidentiality of investigations, court hearings, and public agency records and information in child-in-need-of-aid matters and certain child protection matters; relating to immunity regarding disclosure of information in child-in-need-of-aid matters and certain child protection matters; amending Rules 3 and 22, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 84(HES) Signing do pass: Senator Dyson, Chair; Senators Elton, Wilken, Green. Signing no recommendation: Senator Olson. The following fiscal information was published today: Fiscal Note No. 3, Department of Administration Fiscal Note No. 4, Department of Administration The following previously published fiscal information applies: Fiscal Note No. 1, Department of Law Fiscal Note No. 2, Department of Health and Social Services The bill was referred to the Judiciary Committee. SJR 1 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 1 Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit, and recommended it be replaced with 2005-02-14 Senate Journal Page 0295 CS FOR SENATE JOINT RESOLUTION NO. 1(JUD) Signing no recommendation: Senator Seekins, Chair; 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. Introduction and Reference of Senate Resolutions SJR 7 SENATE JOINT RESOLUTION NO. 7 BY SENATOR DYSON, Proposing amendments to the Constitution of the State of Alaska relating to the office of attorney general. was read the first time and referred to the State Affairs and Judiciary Committees. SJR 8 SENATE JOINT RESOLUTION NO. 8 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE, Proposing amendments to the Constitution of the State of Alaska relating to and limiting appropriations from and inflation-proofing the Alaska permanent fund by establishing a percent of market value spending limit. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 2005-02-14 Senate Journal Page 0296 Introduction and Reference of Senate Bills SB 101 SENATE BILL NO. 101 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE LEGISLATIVE COUNCIL, entitled: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. SB 102 SENATE BILL NO. 102 BY SENATORS GARY STEVENS, Olson, entitled: "An Act relating to district coastal management programs; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and Resources Committees. SB 103 SENATE BILL NO. 103 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to regulation of underground injection under the federal Safe Drinking Water Act; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Administration Fiscal Note No. 2, zero, Department of Natural Resources Governor's transmittal letter dated February 10: 2005-02-14 Senate Journal Page 0297 Dear President Stevens: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the regulation of underground injection under the federal Safe Drinking Water Act. This bill would enable the Alaska Oil and Gas Conservation Commission (AOGCC) to regulate all underground injection wells used in the oil and gas industry, in contrast to the current situation under which the AOGCC regulates most of these wells but the United States Environmental Protection Agency (EPA) regulates others. Under the federal Safe Drinking Water Act of 1974, 42 U.S.C. 300f - 300j-26, the underground injection of waste or other fluids requires an EPA permit, unless the EPA has approved a state underground injection control program as meeting Safe Drinking Water Act standards. In 1986, the EPA approved Alaska's underground injection program for a subset of underground injection wells, known as Class II wells. Class II wells inject certain fluids related to the recovery and production of oil and natural gas. The AOGCC administers this program. However, the EPA continues to regulate other types of injection wells in Alaska, including Class I wells, which are used in the oil and gas industry to dispose of wastes that do not go into Class II wells. I believe that the time has come for authority over all underground injection relating to oil and gas operations to return to the state. This action would have several benefits for the state and the industry. First, the AOGCC is generally able to respond more quickly to permit applications than is the EPA. Second, having a single, uniform process for regulating underground injection by the industry will improve efficiency and reduce confusion. Finally, there has been considerable uncertainty over, and considerable agency time and effort devoted to, the question of when a Class II well is appropriate for waste disposal and when a Class I well is required, and this question will likely become much less important with a single agency exercising authority over both classes of wells. Under the bill that I am proposing, the AOGCC would have the authority to take all actions necessary to allow the state to acquire primary enforcement responsibility for Class I injection wells, in 2005-02-14 Senate Journal Page 0298 addition to continuing its current regulation of Class II wells. While the definition of Class I wells covers broad categories of industrial and municipal wastes in certain circumstances, in practice Class I wells in Alaska have been used only in the oil and gas industry, to accommodate wastes not allowed in Class II wells. There are currently 1,144 Class II wells (disposal and enhanced recovery) and seven Class I wells in the state. This bill also provides for an immediate effective date. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor SB 104 SENATE BILL NO. 104 BY SENATOR SEEKINS, entitled: "An Act relating to the crime of misrepresenting permanent fund dividend eligibility; requiring the establishment of a permanent fund dividend fraud investigation unit in the Department of Revenue; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. SB 105 SENATE BILL NO. 105 BY SENATOR SEEKINS, entitled: "An Act relating to the retrospective application and applicability of the overtime compensation exemption for flight crew members; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Judiciary Committees. 2005-02-14 Senate Journal Page 0299 SB 106 SENATE BILL NO. 106 BY SENATOR GUESS, entitled: "An Act relating to sale, possession, and delivery of certain substances and precursors used in the unlawful manufacture of methamphetamine." was read the first time and referred to the Judiciary and Finance Committees. SB 107 SENATE BILL NO. 107 BY SENATOR BUNDE, entitled: "An Act relating to the export of fish taken in a sport fishery; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 108 SENATE BILL NO. 108 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the regulation of insurance, insurance licensing, surplus lines, insurer deposits, motor vehicle service contracts, guaranteed automobile protection products, health discount plans, third-party administrators, self-funded multiple employer welfare arrangements, and self-funded governmental plans; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community and Economic Development Governor's transmittal letter dated February 11: Dear President Stevens: 2005-02-14 Senate Journal Page 0300 Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting an omnibus insurance bill. The bill would make changes to certain insurance licensing provisions to provide more efficient licensing processes and to bring Alaska's law into greater conformity with other states' laws. It would make minor changes to the surplus lines statutes to clean up language and to make reporting easier for alien insurers. The bill also would make changes to the requirements for the administration of insurer deposits and would provide authorization for insurer deposits to be paid to the state insurance guaranty funds rather than becoming an asset of an insolvent insurer. Finally, the bill would give the Division of Insurance in the Department of Commerce, Community, and Economic Development the authority to regulate health discount plans, would clarify the state's regulation of guaranteed auto protection products and motor vehicle service contracts, and would provide for oversight of certain self-funded governmental plans. A sectional analysis, describing the bill in more detail, is available from the division of insurance. In sum, this omnibus insurance bill will make the regulation of insurance more efficient for the state, easier for industry, and at the same time give heightened protection to Alaska insurance consumers. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor Consideration of the Calendar Citations Honoring - Elizabeth Wanamaker Peratrovich Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton, French, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 2005-02-14 Senate Journal Page 0301 Honoring - Women's History Month Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 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 16, 2005. Without objection, the Senate adjourned at 11:28 a.m. Kirsten Waid Secretary of the Senate February 2005 2005-02-14 Senate Journal Page 0302 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 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 Feb 16 Wednesday Senate Finance 532 1:30 PM No Meeting Scheduled Feb 18 Friday Senate Finance 532 1:30 PM + Overview: Alaska Municipal League "Sustaining Strong Communities: City & Borough Roles, Responsibilities & Issues" ---------------------------------------- FINANCE Feb 14 Monday Senate Finance 532 9:00 AM + SB 60 EXTEND SUICIDE PREVENTION COUNCIL + SB 97 SUPPLEMENTAL APPROPRIATIONS/CBR + SB 98 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK Feb 15 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 16 Wednesday Senate Finance 532 9:00 AM + SJR 6 FEDERAL MEDICAL ASSISTANCE REDUCTION += SB 97 SUPPLEMENTAL APPROPRIATIONS/CBR += SB 98 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK + Bills Previously Heard/Scheduled 2005-02-14 Senate Journal Page 0303 FINANCE (continued) Feb 17 Thursday Senate Finance 532 10:00 AM -- Time Change -- + Joint w/(H) Finance Presentation by the Alaska Permanent Fund Board & Advisors Feb 18 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 14 Monday Butrovich 205 1:30 PM + SB 83 TERM. PARENTAL RTS/CINA/DELINQUENCY CASES + SB 82 CHILD PROTECTION INTERVIEW/TRANSPORT + Bills Previously Heard/Scheduled Feb 16 Wednesday Butrovich 205 1:30 PM += SB 82 CHILD PROTECTION INTERVIEW/TRANSPORT + SB 78 SENIOR CARE PROGRAM + SB 79 MEDICAID FOR ADULT DENTAL SERVICES + Bills Previously Heard/Scheduled Feb 18 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Feb 15 Tuesday Butrovich 205 8:30 AM + Overview of the Department of Law (Continued from 1/26/05 Meeting) -- Testimony <Invitation Only> -- Feb 16 Wednesday Butrovich 205 8:30 AM + Overview of the Select Committee on Legislative Ethics - Review of the SCLE Opinion Dated January 7, 2005 -- Testimony <Invitation Only> -- Feb 17 Thursday Butrovich 205 8:30 AM + Continuation of the 2/15/05 and 2/16/05 Meetings if Necessary -- Testimony <Invitation Only> -- 2005-02-14 Senate Journal Page 0304 LABOR & COMMERCE Feb 15 Tuesday Beltz 211 1:30 PM + SB 100 ENHANCED 911 SURCHARGES + HB 64 EXTEND BOARD OF PUBLIC ACCOUNTANCY + HB 47 EXTEND BOARD OF REAL ESTATE APPRAISERS + SB 93 FISHING PERMIT AND VESSEL LICENSE FEES Bills Previously Heard/Scheduled = SB 52 OCCUPATIONS/CORPORATIONS/BANKS/SECURITIES Feb 17 Thursday Beltz 211 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Feb 14 Monday Butrovich 205 3:30 PM No Meeting Scheduled Feb 16 Wednesday Butrovich 205 3:30 PM + Overview of Land and Water Access Rights and Wrongs By Tina Cunning, Special Assistant Dept. Fish & Game -- Testimony <Invitation Only> -- Feb 18 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Feb 15 Tuesday Beltz 211 3:30 PM + SB 88 POLICY ON GENERAL FUND REVENUE SHORTFALL + SB 72 OATHS; NOTARIES PUBLIC; STATE SEAL + SCR 2 ROTARY INTERNATIONAL YEAR 2005 + EO 113 - RELATING TO TIC Bills Previously Heard/Scheduled Feb 17 Thursday Beltz 211 3:30 PM + SB 54 PROTECTIVE ORDERS/NOTICE TO VICTIMS + SB 87 SEAT BELT VIOLATION AS PRIMARY OFFENSE + SB 90 ALASKA TERRITORIAL GUARD DAY Bills Previously Heard/Scheduled ---------------------------------------- 2005-02-14 Senate Journal Page 0305 TRANSPORTATION Feb 15 Tuesday Butrovich 205 1:30 PM += SB 40 KUSKOKWIM PORT AUTHORITY += SB 85 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY Feb 17 Thursday Butrovich 205 1:30 PM + 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 with Question and Answer Session Following Presentation 10:00 a.m. - 11:30 a.m. ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Feb 15 Tuesday Beltz 211 12:00 PM Overview ---------------------------------------- COMMERCE, COMMUNITY & ECONOMIC DEV Feb 15 Tuesday Senate Finance 532 8:00 AM Departmental & Budget Overview Feb 22 Tuesday Senate Finance 532 8:00 AM Budget Detail Mar 01 Tuesday Senate Finance 532 8:00 AM Budget Closeout ---------------------------------------- CORRECTIONS Feb 15 Tuesday Senate Finance 532 4:00 PM Commissioner's Department/Policy Overview Feb 17 Thursday Senate Finance 532 4:00 PM Budget Overview 2005-02-14 Senate Journal Page 0306 FINANCE SUBCOMMITTEES (continued) CORRECTIONS (continued) Mar 10 Thursday Senate Finance 532 4:00 PM Budget Closeout ---------------------------------------- COURT SYSTEM Feb 17 Thursday Senate Finance 532 3:00 PM Budget Overview Feb 24 Thursday Senate Finance 532 3:00 PM Missions and Measures and Follow-up Discussion from Previous Hearings Mar 10 Thursday Senate Finance 532 3:00 PM Budget Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 15 Tuesday Senate Finance 532 11:00 AM Department Overview ---------------------------------------- ENVIRONMENTAL CONSERVATION Feb 17 Thursday Senate Finance 532 8:00 AM Organizational Chart & Structure Position Counts/Proposed Increments and Decrements ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 01 Tuesday Senate Finance 532 4:00 PM Commissioner's Department/Policy Overview Mar 03 Thursday Senate Finance 532 4:00 PM Department's Budget Overview Mar 08 Tuesday Senate Finance 532 4:00 PM Tentative Meeting 2005-02-14 Senate Journal Page 0307 FINANCE SUBCOMMITTEES (continued) HEALTH & SOCIAL SERVICES (continued) Mar 10 Thursday Senate Finance 532 5:00 PM Budget Closeout ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Feb 17 Thursday Fahrenkamp 203 8:15 AM FY 06 Budget Overview Feb 24 Thursday Fahrenkamp 203 8:15 AM Missions and Measures ---------------------------------------- MILITARY AND VETERANS AFFAIRS Feb 18 Friday Fahrenkamp 203 12:00 PM -- Meeting Canceled -- Overview ---------------------------------------- PUBLIC SAFETY Feb 16 Wednesday Butrovich 205 5:30 PM Overview ---------------------------------------- REVENUE Feb 17 Thursday Senate Finance 532 1:30 PM Departmental & Budget Overview Feb 24 Thursday Senate Finance 532 1:30 PM Budget Detail Mar 03 Thursday Senate Finance 532 1:30 PM Budget Closeout ---------------------------------------- 2005-02-14 Senate Journal Page 0308 FINANCE SUBCOMMITTEES (continued) TRANSPORTATION & PUBLIC FACILITIES Feb 22 Tuesday Senate Finance 532 4:00 PM Commissioner's Department/Policy Overview Feb 24 Thursday Senate Finance 532 4:00 PM Budget Overview Mar 10 Thursday Senate Finance 532 4:30 PM Budget Closeout ---------------------------------------- JOINT COMMITTEES ARMED SERVICES COMMITTEE Feb 15 Tuesday Senate Finance 532 9:00 AM Briefings by General Chandler and General Christensen ---------------------------------------- NATUROPATHIC TASK FORCE Feb 18 Friday Terry Miller 104 8:00 AM + Meeting of the Naturopathic Task Force -- Testimony <Invitation Only> -- ---------------------------------------- OTHER MEETINGS FISH CAUCUS Feb 17 Thursday Butrovich 205 11:00 AM Live Harvest of Salmon from Fish Traps ---------------------------------------- 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 2005-02-14 Senate Journal Page 0309 JOINT SESSION (continued) Mar 30 Wednesday House Chamber 11:00 AM Address by U.S. Senator Lisa Murkowski ---------------------------------------- MISCELLANEOUS MEETINGS Feb 17 Thursday Butrovich 205 12:00 PM Presentation by Alaska Mobility Coalition Discussion of the Successes, Needs and Challenges of Community Transportation Systems