Legislature(2005 - 2006)

2005-03-10 Senate Journal

Full Journal pdf

2005-03-10                     Senate Journal                      Page 0561
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                    Thursday                   March 10, 2005                       
                                                                                                    
                                 Sixtieth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 10:10 a.m.                                                                               
                                                                                                    
The roll showed thirteen members present. Senators Dyson, Green,                                    
Hoffman, Kookesh, Therriault, Wagoner were excused from a call of                                   
the Senate. Senator Davis was absent.                                                               
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that                                         
Senator Davis be excused from a call of the Senate today due to                                     
illness. Without objection, Senator Davis was excused.                                              
                                                                                                    
The prayer was offered by the Chaplain, Commissioner Philip Swyers,                                 
Territorial Commander of The Salvation Army West. Senator Olson                                     
moved and asked unanimous consent that the prayer be spread.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
     We thank You Lord for the privilege to serve our fellow men                                    
     in the great state of Alaska through the rule of law. You have                                 
     blessed our people through the years with good fortune in                                      
     abundant measure. We thank You again today.                                                    
                                                                                                    
     We also pray for the members of the senate who gather today                                    
     with the desire to only make this a better state. We all dream                                 
     of a better society with every man and woman who serves                                        
     this senate doing their part to make it a reality. We know that                                
     in this room there is wisdom and strength to make that                                         
     possible, so Lord, give us the will and the clarity that is                                    
     needed to do our work.                                                                         
                                                                                                    
                                                                                                    

2005-03-10                     Senate Journal                      Page 0562
         We pray that You will bless our people and give to them the                               
     joy of living and the success of hard work. May that be so.                                    
                                                                                                    
            Thank You Lord for this day and may we use it for Your                                 
     glory and the betterment of Your people.                       Amen.                          
                                                                                                    
Senator Gary Stevens led the Senate in the Pledge of Allegiance.                                    
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the fifty-ninth legislative day be approved as certified by                             
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
SB 62                                                                                             
Message dated and received March 9 was read, stating the Governor                                   
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
          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."                                                                       
                                                                                                    
                             Chapter 1, SLA 2005                                                   
                           Effective Date: 03/10/05                                                
                                                                                                    
Message dated March 8 and received March 9 was read, stating in                                     
accordance with AS 44.64.010(4)(c), the chief administrative law                                    
judge is appointed to a five-year term of office by the governor and is                             
subject to confirmation by the legislature. I submit the name of Terry                              
L. Thurbon for confirmation by the legislature.                                                     
                                                                                                    
Chief Administrative Law Judge                                                                    
     Terry L. Thurbon                                                                               
                                                                                                    

2005-03-10                     Senate Journal                      Page 0563
The appointment was referred to the Judiciary Committee.                                            
                                                                                                    
The resume for this appointment has been submitted to the Offices of                                
the Senate Secretary and the Chief Clerk.                                                           
                                                                                                    
SB 121                                                                                            
Message dated March 9 was received, stating the governor's                                          
transmittal letters for SENATE BILL NO. 121 "An Act establishing                                    
the State of Alaska Capital Corporation; authorizing the issuance of                                
bonds by the State of Alaska Capital Corporation to finance capital                                 
improvements in the state; and providing for an effective date" and                                 
SENATE BILL NO. 122 "An Act establishing the Alaska capital                                         
income account within the Alaska permanent fund; relating to deposits                               
into the account; relating to certain transfers regarding the Amerada                               
Hess settlement to offset the effects of inflation on the Alaska                                    
permanent fund; and providing for an effective date" were                                           
inadvertently interchanged.                                                                         
                                                                                                    
The transmittal letter accompanying SENATE BILL NO. 121 (p. 415)                                    
actually pertains to SENATE BILL NO. 122 and the transmittal letter                                 
accompanying SENATE BILL NO. 122 (p. 416) actually pertains to                                      
SENATE BILL NO. 121.                                                                                
                                                                                                    
SB 122                                                                                            
Message dated March 9 was received, stating the governor's                                          
transmittal letters for SENATE BILL NO. 121 "An Act establishing                                    
the State of Alaska Capital Corporation; authorizing the issuance of                                
bonds by the State of Alaska Capital Corporation to finance capital                                 
improvements in the state; and providing for an effective date" and                                 
SENATE BILL NO. 122 "An Act establishing the Alaska capital                                         
income account within the Alaska permanent fund; relating to deposits                               
into the account; relating to certain transfers regarding the Amerada                               
Hess settlement to offset the effects of inflation on the Alaska                                    
permanent fund; and providing for an effective date" were                                           
inadvertently interchanged.                                                                         
                                                                                                    
The transmittal letter accompanying SENATE BILL NO. 121 (p. 415)                                    
actually pertains to SENATE BILL NO. 122 and the transmittal letter                                 
accompanying SENATE BILL NO. 122 (p. 416) actually pertains to                                      
SENATE BILL NO. 121.                                                                                

2005-03-10                     Senate Journal                      Page 0564
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 140                                                                                            
SENATE BILL NO. 140 BY SENATOR THERRIAULT, entitled:                                                
                                                                                                    
             "An Act relating to spyware and unsolicited Internet                                  
          advertising."                                                                             
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 115                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 115(FIN) "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 before the Senate.                                                                        
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 115(FIN) will be held to the March 14 calendar. Without                                         
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Vivian Stoddard Laurie, Anchorage Pioneer                                                
Senator(s) Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Carl H. Marrs, Junior Achievement Alaska Business Hall                                   
of Fame                                                                                             
Representative(s) McGuire                                                                           
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  

2005-03-10                     Senate Journal                      Page 0565
Honoring - Cross Roads Community Church, Church on the Rock and                                     
Other Community Supporters                                                                          
Representative(s) Thomas                                                                            
Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Lieutenant Colonel Carlisle A. Lincoln III                                               
Representative(s) Lynn                                                                              
Senator(s) Bunde, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton,                                 
Green, Guess, French, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - The Palmer and Matanuska Susitna Borough, Palmer                                         
Kiwanis Club                                                                                        
Representative(s) Gatto                                                                             
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Major General John W. Holly                                                              
Representative(s) Dahlstrom                                                                         
Senator(s) Dyson, Ben Stevens, Bunde, Cowdery, Davis, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - The South Anchorage High School Hockey Team                                              
Representative(s) Lynn                                                                              
Senator(s) Bunde, Ben Stevens, Cowdery, Davis, 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 French moved and asked unanimous consent to be excused                                      
from a call of the Senate to morning plane time on March 14. Without                                
objection, Senator French was excused.                                                              

2005-03-10                     Senate Journal                      Page 0566
                                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., March 14, 2005.                                       
Without objection, the Senate adjourned at 10:18 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2005                         

2005-03-10                     Senate Journal                      Page 0567
                                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 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                                                      
                                                                                                    
Mar 16        Wednesday                             Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 18        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 21        Monday                                Beltz 211         1:30 PM                     
+ SB 128 BOROUGH INCORPORATION                                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            9:00 AM                     
              -- Meeting Canceled --                                                                
+             Senate Bill:                                                                          
              RETIREMENT SYSTEM LEGISLATION                                                         
              <Pending Introduction and Referral>                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2005-03-10                     Senate Journal                      Page 0568
                             FINANCE (continued)                                                 
                                                                                                    
Mar 11        Friday                    Senate Finance 532            9:00 AM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 14        Monday                    Senate Finance 532            9:30 AM                     
              -- Time Change --                                                                     
+= SB  63 USE SEAT BELT ROAD SIGNS                                                                  
+ SB  93 FISHING PERMIT AND VESSEL LICENSE FEES                                                     
+ SB  46 APPROP: CAPITAL BUDGET                                                                     
              Dept of Administration                                                                
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 15        Tuesday                   Senate Finance 532            9:00 AM                     
+             Department of Corrections:                                                            
              The "Containment Model"                                                               
              A Research Based Presentation                                                         
              On Sex Offender Management                                                            
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 16        Wednesday                 Senate Finance 532            9:00 AM                     
+             Senate Bill:                                                                          
              RETIREMENT SYSTEM LEGISLATION                                                         
              <Pending Introduction and Referral>                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 17        Thursday                  Senate Finance 532            9:00 AM                     
+= SB  46 APPROP: CAPITAL BUDGET                                                                    
              Agency Order To Be Announced                                                          
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 18        Friday                    Senate Finance 532            9:00 AM                     
+= SB  46 APPROP: CAPITAL BUDGET                                                                    
              Agency Order To Be Announced                                                          
              -- Testimony <Invitation Only> --                                                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-10                     Senate Journal                      Page 0569
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 11        Friday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 14        Monday                          Butrovich 205           1:30 PM                     
+= SB   4 REQUIRE CPR FOR HIGH SCHOOL GRADUATION                                                    
+= SB  24 REEMPLOYMENT OF RETIREES                                                                  
+ SB 125 LICENSING MEDICAL OR CARE FACILITIES                                                       
                                                                                                    
Mar 16        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 18        Friday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
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                                                      
                                                                                                    
Mar 15        Tuesday                         Butrovich 205           8:30 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 16        Wednesday                       Butrovich 205           8:30 AM                     
+             Department of Corrections Presentation:                                               
              The "Containment Model"                                                               
+             Bills Previously Heard/Scheduled                                                      
              Joint w/(S) State Affairs Committee                                                   
                                                                                                    
Mar 17        Thursday                        Butrovich 205           8:30 AM                     
+             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                                                                     

2005-03-10                     Senate Journal                      Page 0570
                         LABOR & COMMERCE (continued)                                            
                                                                                                    
Mar 15        Tuesday                               Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
+= SB 130 WORKERS' COMPENSATION                                                                     
                                                                                                    
Mar 17        Thursday                              Beltz 211         1:30 PM                     
+ SB 131 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES                                                     
+ SB 138 MOTOR VEHICLE DEALER SALES                                                                 
              Bills Previously Heard/Scheduled                                                      
+= SB 124 FISHERIES BUSINESS LICENSE; BOND                                                          
+= HB 102 MEDICAL LICENSE: APPLICATION/FOREIGN GRAD                                                 
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Mar 11        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 14        Monday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 16        Wednesday                       Butrovich 205           3:30 PM                     
              Bills Previously Heard/Scheduled                                                      
+= SB 113 GULF OF ALASKA GROUNDFISH FISHERY                                                         
                                                                                                    
Mar 18        Friday                          Butrovich 205           3:30 PM                     
+ SB  50 OIL SEVERANCE TAX                                                                          
              -- Testimony <Invitation Only> --                                                     
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 10        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 15        Tuesday                               Beltz 211         3:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 16        Wednesday                       Butrovich 205           8:30 AM                     
              -- Date, Time and Location Change --                                                  
              Joint w/(S) Judiciary Committee                                                       
              Department of Corrections:                                                            
              Sex Offender Containment Model Overview                                               
                                                                                                    

2005-03-10                     Senate Journal                      Page 0571
                          STATE AFFAIRS (continued)                                              
                                                                                                    
Mar 17        Thursday                        Butrovich 205           3:30 PM                     
+ SB 132 HUMAN RIGHTS COMMISSION                                                                    
+ SB 134 POLICE INVESTIGATION STANDARDS/ARRESTS                                                     
+ SJR  8 CONST. AM: PERMANENT FUND P.O.M.V.                                                         
              Bills Previously Heard/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                                                                       
                   ----------------------------------------                                        
                                                                                                    
                                 COURT SYSTEM                                                    
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            3:00 PM                     
              -- Meeting Canceled --                                                                
              Budget Closeout                                                                       

2005-03-10                     Senate Journal                      Page 0572
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                          ENVIRONMENTAL CONSERVATION                                             
                                                                                                    
Mar 10        Thursday                     Fahrenkamp 203             8:00 AM                     
              --Meeting Canceled--                                                                  
              Preliminary Budget Close-Out Discussions                                              
                   ----------------------------------------                                        
                                                                                                    
                                 FISH & GAME                                                     
                                                                                                    
Mar 14        Monday                       Fahrenkamp 203             1:30 PM                     
              Missions & Measures                                                                   
                   ----------------------------------------                                        
                                                                                                    
                           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                                                                       
                   ----------------------------------------                                        
                                                                                                    
                              NATURAL RESOURCES                                                  
                                                                                                    
Mar 15        Tuesday                               Beltz 211         8:15 AM                     
              Mission & Measures                                                                    
                   ----------------------------------------                                        
                                                                                                    

2005-03-10                     Senate Journal                      Page 0573
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                   REVENUE                                                       
                                                                                                    
Mar 10        Thursday                  Senate Finance 532            1:30 PM                     
              -- Meeting Postponed --                                                               
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                      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 SESSION                                                    
                                                                                                    
Mar 30        Wednesday                    House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski