Legislature(2005 - 2006)

2005-03-09 Senate Journal

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2005-03-09                     Senate Journal                      Page 0549
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                           TWENTY-FOURTH LEGISLATURE                                             
                                                                                                    
                                 FIRST SESSION                                                   
                                                                                                    
Juneau, Alaska                       Wednesday                        March 9, 2005               
                                                                                                    
                                Fifty-ninth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:40 a.m.                                                                               
                                                                                                    
The roll showed fourteen members present. Senators Davis, Dyson,                                    
Green, Hoffman, Therriault, Wagoner were excused from a call of the                                 
Senate.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Father Anastasius Iwuoha of                                 
the Cathedral of the Nativity. Senator Olson moved and asked                                        
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
   Loving God, You are the king of glory and the source of our                                      
   strength. As the senate body convenes today, bless them in their                                 
   deliberations and proceedings. We ask You to strengthen all our                                  
   leaders, especially our legislators as they think out ways of                                    
   making life better for Your people in this nation and the state of                               
   Alaska. Protect and bless all those who maintain law and order                                   
   in our society. We present before You members of our military,                                   
   police and firefighters as well as all agencies of government.                                   
   Bless them as they help to keep us safe.                                                         
                                                                                                    
   We remember families who struggle daily to make ends meet.                                       
   Those for whose welfare we gather. May our policies bring                                        
   them greater hope and joy. We also pray for our children, those                                  
   in our schools, as we think and talk about their needs, we ask                                   
   You to brighten their future and help them make responsible                                      
   choices and be law abiding citizens.                                                             
                                                                                                    
   At this time of Lent, when we look forward to celebrate the                                      
   glory of Your Son's resurrection, I ask that You bless us and                                    
   strengthen us in Jesus' name.                                             Amen.                  

2005-03-09                     Senate Journal                      Page 0550
Senator Bunde led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                 Certification                                                   
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the fifty-eighth legislative day be approved as certified by                            
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 105                                                                                            
The Judiciary Committee considered SENATE BILL NO. 105 "An                                          
Act relating to the retrospective application and applicability of the                              
overtime compensation exemption for flight crew members; and                                        
providing for an effective date" and recommended the adoption of the                                
Labor and Commerce Committee Substitute offered on page 436.                                        
Signing do pass: Senator Seekins, Chair; Senator Huggins. Signing no                                
recommendation: Senators French, Guess.                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Labor and Workforce                                         
       Development                                                                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 64                                                                                             
The Finance Committee considered HOUSE BILL NO. 64 "An Act                                          
extending the termination date for the Board of Public Accountancy;                                 
and providing for an effective date." Signing do pass: Senator Wilken,                              
Cochair; Senators Bunde, Olson, Stedman.                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Commerce, Community, and                                          
       Economic Development                                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    

2005-03-09                     Senate Journal                      Page 0551
                         Introduction and Reference of                                           
                              Senate Resolutions                                                 
                                                                                                    
SJR 15                                                                                            
SENATE JOINT RESOLUTION NO. 15 BY SENATORS                                                          
HUGGINS, Therriault,                                                                                
                                                                                                    
               Requesting the United States Congress to end the                                    
           abuse of tort laws against the firearms industry.                                        
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
SCR 4                                                                                             
SENATE CONCURRENT RESOLUTION NO. 4 BY SENATOR                                                       
GARY STEVENS,                                                                                       
                                                                                                    
               Relating to the name of the City of Fairbanks and                                   
           changing that name to Barnette's Cache.                                                  
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
SCR 5                                                                                             
SENATE CONCURRENT RESOLUTION NO. 5 BY THE SENATE                                                    
COMMUNITY AND REGIONAL AFFAIRS COMMITTEE,                                                           
                                                                                                    
           Suspending Rules 24(c), 35, 41(b), and 42(e),                                            
           Uniform Rules of the Alaska State Legislature,                                           
           concerning House Bill No. 42, relating to the Joe                                        
           Williams, Sr., Coastal Trail.                                                            
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 139                                                                                            
SENATE BILL NO. 139 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT                                                      
COMMITTEE, entitled:                                                                                

2005-03-09                     Senate Journal                      Page 0552
           "An Act relating to termination and oversight of                                         
           boards, commissions, and agency programs;                                                
           extending the termination date of the Board of                                           
           Marital and Family Therapy; and providing for an                                         
           effective date."                                                                         
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                         Consideration of the Calendar                                           
                                                                                                    
                         Second Reading of House Bills                                           
                                                                                                    
HB 115                                                                                            
CS FOR HOUSE BILL NO. 115(TRA) "An Act relating to charges                                          
paid or collected by users or occupants of an airport facility owned or                             
controlled by the state; and providing for an effective date" was read                              
the second time.                                                                                    
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Senate Committee Substitute offered on page                                 
533. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                             
NO. 115(FIN) was adopted.                                                                           
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 115(FIN) will be on the March 10 calendar.                                                      
                                                                                                    
                                                                                                    
                                   Citations                                                     
                                                                                                    
Honoring - Jirdes Winther Baxter, Honorary Musher - 2005 Iditarod                                   
Sled Dog Race                                                                                       
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Kerttula, Weyhrauch                                                               
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-09                     Senate Journal                      Page 0553
Honoring - Dr. Jo Ann McDowell                                                                      
Representative(s) Harris                                                                            
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                                     
                                                                                                    
In Memoriam - Daphier "Dee Dee" Payne                                                               
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Henry Burton                                                                          
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - William "Billy" Foster                                                                
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Jean Mahoney                                                                          
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
Green, Guess, 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.                                                          
                                                                                                    
                                                                                                    
                              Unfinished Business                                                
                                                                                                    
Senator Kookesh moved and asked unanimous consent to be excused                                     
from a call of the Senate from morning plane time, March 10 to                                      
evening plane time, March 11. Without objection, Senator Kookesh                                    
was excused.                                                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-09                     Senate Journal                      Page 0554
                                 Announcements                                                   
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SB 14                                                                                             
HOUSE CS FOR SENATE BILL NO. 14(STA) "An Act relating to                                            
municipal initiative and referendum elections" was enrolled, signed by                              
the President and Secretary, Speaker and Chief Clerk and the                                        
engrossed and enrolled copies transmitted to the Office of the                                      
Governor at 10:31 a.m., March 9, 2005.                                                              
                                                                                                    
                                                                                                    
SJR 2                                                                                             
SENATE JOINT RESOLUTION NO. 2 am H 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 enrolled, signed by the President                                  
and Secretary, Speaker and Chief Clerk and the engrossed and                                        
enrolled copies transmitted to the Office of the Governor at 10:31                                  
a.m., March 9, 2005.                                                                                
                                                                                                    
SJR 5                                                                                             
HOUSE CS FOR SENATE JOINT RESOLUTION NO. 5(O&G)                                                     
Urging the United States Congress to reauthorize the Methane Hydrate                                
Research and Development Act, was enrolled, signed by the President                                 
and Secretary, Speaker and Chief Clerk and the engrossed and                                        
enrolled copies transmitted to the Office of the Governor at 10:31                                  
a.m., March 9, 2005.                                                                                
                                                                                                    
Memorandum from the Division of Legal and Research Services,                                        
Legislative Affairs Agency, reporting the following manifest error in                               
HOUSE CS FOR SENATE JOINT RESOLUTION NO. 5(O&G),                                                    
which has been corrected in enrolling:                                                              
                                                                                                    
Page 1, line 4:                                                                                     
    Delete "daily"                                                                                  
                                                                                                    

2005-03-09                     Senate Journal                      Page 0555
                                  Adjournment                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 10:00 a.m., March 10, 2005.                                       
Without objection, the Senate adjourned at 11:59 a.m.                                               
                                                                                                    
                                                                        Kirsten Waid                
                                                            Secretary of the Senate                 
                                                                                                    
                                                                          March 2005                

2005-03-09                     Senate Journal                      Page 0556
                                 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                                            
                                                                                                    
Mar 09          Wednesday                                 Beltz 211            1:30 PM            
+ HB  42 JOE WILLIAMS, SR., COASTAL TRAIL                                                           
+ SB 112 TAX ON REAA RESIDENTS                                                                      
+ SB 114 SERVICE AREAS IN SECOND CLASS BOROUGHS                                                     
                                                                                                    
Mar 11          Friday                                    Beltz 211            1:30 PM            
                No Meeting Scheduled                                                                
                                                                                                    
Mar 14          Monday                                    Beltz 211            1:30 PM            
+ SB 102 COASTAL MANAGEMENT PROGRAMS                                                                
                Bills Previously Heard/Scheduled                                                    
                   ----------------------------------------                                        
                                                                                                    
                                    FINANCE                                                      
                                                                                                    
Mar 09          Wednesday                    Senate Finance 532               9:00 AM             
+ HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
+               Bills Previously Heard/Scheduled                                                    
                                                                                                    
Mar 10          Thursday                     Senate Finance 532               9:00 AM             
                -- Meeting Canceled --                                                              
+               Senate Bill:                                                                        
                RETIREMENT SYSTEM LEGISLATION                                                       
                <Pending Introduction and Referral>                                                 
+               Bills Previously Heard/Scheduled                                                    
                                                                                                    
                                                                                                    

2005-03-09                     Senate Journal                      Page 0557
                              FINANCE (continued)                                                
                                                                                                    
Mar 11          Friday                       Senate Finance 532               9:00 AM             
                -- Meeting Canceled --                                                              
+               Bills Previously Heard/Scheduled                                                    
                   ----------------------------------------                                        
                                                                                                    
                      HEALTH, EDUCATION & SOCIAL SERVICES                                        
                                                                                                    
Mar 09          Wednesday                           Butrovich 205              1:30 PM            
                No Meeting Scheduled                                                                
                                                                                                    
Mar 11          Friday                              Butrovich 205              1:30 PM            
                No Meeting Scheduled                                                                
                   ----------------------------------------                                        
                                                                                                    
                                   JUDICIARY                                                     
                                                                                                    
Mar 09          Wednesday                           Butrovich 205             8:30 AM             
+               Select Committee on Legislative Ethics                                              
                Confirmation Hearing: Marianne Stillner                                             
+ SB 105 OVERTIME WAGES FOR FLIGHT CREW                                                             
+ SJR 10 SUPPORT FEDERAL MARRIAGE AMENDMENT                                                         
+               Bills Previously Heard/Scheduled                                                    
                                                                                                    
Mar 10          Thursday                            Butrovich 205             8:30 AM             
+ SB 117 RECORDED STATEMENTS OF CHILD VICTIMS                                                       
+ SB 118 ONLINE ENTICEMENT OF MINOR                                                                 
+ SB 119 BAN ONLINE DIST. OF PORNOGRAPHY TO MINORS                                                  
+               Bills Previously Heard/Scheduled                                                    
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Mar 10          Thursday                                  Beltz 211            1:30 PM            
                Bills Previously Heard/Scheduled                                                    
+= HB  15 LIQUOR LICENSES: OUTDOOR REC. LODGE/BARS                                                  
+= HB  90 STATE TREASURY WARRANTS                                                                   
+= SB 130 WORKERS' COMPENSATION                                                                     
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2005-03-09                     Senate Journal                      Page 0558
                                   RESOURCES                                                     
                                                                                                    
Mar 09          Wednesday                           Butrovich 205              3:30 PM            
+ SB 113 GULF OF ALASKA GROUNDFISH FISHERY                                                          
                                                                                                    
Mar 11          Friday                              Butrovich 205              3:30 PM            
                No Meeting Scheduled                                                                
                   ----------------------------------------                                        
                                                                                                    
                                 STATE AFFAIRS                                                   
                                                                                                    
Mar 10          Thursday                                  Beltz 211            3:30 PM            
                No Meeting Scheduled                                                                
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Mar 10          Thursday                            Butrovich 205              1:30 PM            
+               Pavement Rutting Research Grant Program                                             
                Overview & Automated Bridge Anti-Icing                                              
                System Presentation by -                                                            
                Jerry DesJarlais/ Jack Hayden                                                       
                Dr. Lutfi Raad, Director of the                                                     
                Transportation Research Center UAF                                                  
                Bills Previously Heard/Scheduled                                                    
                                                                                                    
Mar 15          Tuesday                             Butrovich 205              1:30 PM            
+               Presentation: Division of Motor Vehicles                                            
                Duane Bannock, Director                                                             
                                                                                                    
Mar 17          Thursday                            Butrovich 205              1:30 PM            
+               DOT/PF - Briefing on Construction Force                                             
                Accounts, Leasing & Purchasing of                                                   
                Equipment Compared to Private Sector                                                
                   ----------------------------------------                                        
                                                                                                    
                             FINANCE SUBCOMMITTEES                                               
                                                                                                    
                                  CORRECTIONS                                                    
                                                                                                    
Mar 10          Thursday                     Senate Finance 532                4:00 PM            
                -- Meeting Canceled --                                                              
                Budget Closeout                                                                     

2005-03-09                     Senate Journal                      Page 0559
                             FINANCE SUBCOMMITTEES                                               
                                                                                                    
                                 COURT SYSTEM                                                    
                                                                                                    
Mar 10          Thursday                     Senate Finance 532                3:00 PM            
                -- Meeting Canceled --                                                              
                Budget Closeout                                                                     
                   ----------------------------------------                                        
                                                                                                    
                          ENVIRONMENTAL CONSERVATION                                             
                                                                                                    
Mar 10          Thursday                        Fahrenkamp 203                8:00 AM             
                Preliminary Budget Close-Out Discussions                                            
                   ----------------------------------------                                        
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                                                                                                    
Mar 10          Thursday                     Senate Finance 532                5:00 PM            
                -- Meeting Canceled --                                                              
                Budget Closeout                                                                     
                   ----------------------------------------                                        
                                                                                                    
                         LABOR & WORKFORCE DEVELOPMENT                                           
                                                                                                    
Mar 10          Thursday                        Fahrenkamp 203                8:15 AM             
                FY 06 Budget Changes                                                                
                   ----------------------------------------                                        
                                                                                                    
                                      LAW                                                        
                                                                                                    
Mar 10          Thursday                            Butrovich 205              4:00 PM            
                -- Meeting Postponed --                                                             
                Budget Closeout                                                                     
                   ----------------------------------------                                        
                                                                                                    
                                    REVENUE                                                      
                                                                                                    
Mar 10          Thursday                     Senate Finance 532                1:30 PM            
                -- Meeting Postponed --                                                             
                Budget Closeout                                                                     
                   ----------------------------------------                                        

2005-03-09                     Senate Journal                      Page 0560
                             FINANCE SUBCOMMITTEES                                               
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Mar 10          Thursday                     Senate Finance 532                4:30 PM            
                -- Meeting Canceled --                                                              
                Budget Closeout                                                                     
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Mar 15          Tuesday                      Senate Finance 532                1:00 PM            
                Presentations by General Holly and Boeing                                           
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                        JOINT LEGISLATIVE HEALTH CAUCUS                                          
                                                                                                    
Mar 09          Wednesday                       Fahrenkamp 203               12:00 PM             
                "Medicaid: True Stories Behind the Math"                                            
                   ----------------------------------------                                        
                                                                                                    
                                 JOINT SESSION                                                   
                                                                                                    
Mar 30          Wednesday                        House Chamber               11:00 AM             
                Address by U.S. Senator Lisa Murkowski