Legislature(2005 - 2006)
2005-03-22 Senate Journal
Full Journal pdf2005-03-22 Senate Journal Page 0651 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Tuesday March 22, 2005 Seventy-second Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:12 a.m. The roll showed seventeen members present. Senators Green, Guess, Therriault were absent. The prayer was offered by the Chaplain, Martha Murray of the Juneau Unitarian Universalist Fellowship. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. The prayer of our souls is a petition for persistence; not for the one good deed, or single thought, but deed on deed, and thought on thought, until day calling unto day shall make a life worth living. (W.E.B. Du Bois) Senator Olson led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the seventy-first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Green, Guess, Therriault was noted. 2005-03-22 Senate Journal Page 0652 Messages from the Governor Letter dated March 21 was read, stating in accordance with AS 39.05.080, I submit the following names for legislative confirmation of appointment to the boards and commissions set out below: Alaska State Board of Public Accountancy Carla J. Bassler - Anchorage Appointed: 3/14/2005 Term Expires: 3/1/2009 Kenneth L. Mayer - Kenai Appointed: 3/14/2005 Term Expires: 3/1/2009 Christy Morse - Anchorage Appointed: 3/14/2005 Term Expires: 3/1/2009 State Board of Registration for Architects, Engineers, & Land Surveyors Richard C. Heieren - Fairbanks Appointed: 3/9/2005 Term Expires: 3/1/2009 Harley H. Hightower - Anchorage Appointed: 3/9/2005 Term Expires: 3/1/2009 Mark G. Morris - Juneau Appointed: 3/9/2005 Term Expires: 3/1/2009 Board of Barbers and Hairdressers Alice B. Massie - Wasilla Appointed: 2/14/2005 Term Expires: 3/1/2006 Labor Relations Agency Gary A. Atwood - Fairbanks Appointed: 3/9/2005 Term Expires: 3/1/2007 Aaron T. Isaacs, Jr. - Klawock Appointed: 1/18/2002 Reappointed: 3/9/2005 Term Expires: 3/1/2008 2005-03-22 Senate Journal Page 0653 Colleen E. Scanlon - Ketchikan Appointed: 4/28/2003 Reappointed: 3/9/2005 Term Expires: 3/1/2008 The appointments were referred to the Labor and Commerce Committee. Board of Governors of the Alaska Bar Joseph N. Faulhaber - Fairbanks Appointed: 7/29/2003 Reappointed: 3/9/2005 Term Expires: 3/1/2008 The appointment was referred to the Judiciary Committee. Board of Nursing Terri S. Olson - Anchorage Appointed: 3/9/2005 Term Expires: 3/1/2009 Professional Teaching Practices Commission Bonnie C. Gaborik - North Pole Appointed: 3/9/2005 Term Expires: 3/1/2006 Board of Psychologist and Psychological Associate Examiners Camille O. Carlson - Fairbanks Appointed: 3/9/2005 Term Expires: 3/1/2008 Destiny Sargeant - Juneau Appointed: 3/9/2005 Term Expires: 3/1/2008 The appointments were referred to the Health, Education and Social Services Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. Messages from the House SB 42 Message dated March 21 was read, stating the House passed and returned: 2005-03-22 Senate Journal Page 0654 SENATE BILL NO. 42 "An Act extending the reporting date for and the termination date of the Task Force on Naturopathic Scope of Practice; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 98 Message dated March 21 was read, stating the House has failed to recede from its amendments to CS FOR SENATE BILL NO. 98(FIN) am, namely: HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Chenault, Chair Representative Meyer Representative Croft Senate members appointed March 21: Senator Wilken, Chair Senator Green Senator Hoffman Message dated March 21 was read, stating the House passed and transmitted for consideration: 2005-03-22 Senate Journal Page 0655 First Reading and Reference of House Bills HB 155 CS FOR HOUSE BILL NO. 155(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to funding for youth courts; and relating to separately accounting for fines imposed on and collected from defendants." was read the first time and referred to the Judiciary and Finance Committees. Communications The following reports, dated March 9, from the Commissioner of the Department of Administration were received in accordance with AS 23.40.215: Amended monetary terms for the collective bargaining agreement reached with the Inlandboatman's Union of the Pacific Monetary terms for the collective bargaining agreement reached with the Public Safety Employees Association representing regularly commissioned public safety officers Monetary terms for the collective bargaining agreement reached with the Masters, Mates and Pilots Monetary terms for the collective bargaining agreement reached with the Marine Engineers' Beneficial Association President Stevens referred the reports to the Finance Committee. Standing Committee Reports SB 128 The Community and Regional Affairs Committee considered SENATE BILL NO. 128 "An Act relating to consideration by the Local Boundary Commission of a requested borough incorporation." 2005-03-22 Senate Journal Page 0656 Signing do pass: Senator Gary Stevens, Chair; Senators Wagoner, Kookesh. Signing no recommendation: Senator Stedman. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community, and Economic Development The bill was referred to the Judiciary Committee. SB 144 The Resources Committee considered SENATE BILL NO. 144 "An Act relating to regulations, definitions, and permits under the emission control permit program; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 144(RES) Signing do pass: Senator Wagoner, Chair; Senators Dyson, Ben Stevens, Stedman, Seekins. Signing no recommendation: Senator Guess. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Environmental Conservation The bill was referred to the Finance Committee. SJR 10 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 10 Supporting the federal marriage amendment. Signing do pass: Senator Seekins, Chair; Senators Therriault, Huggins. Signing no recommendation: Senators French, Guess. The following fiscal information was published today: Fiscal Note No. 1, zero, Office of the Governor The resolution was referred to the Rules Committee. 2005-03-22 Senate Journal Page 0657 Special Committee Reports SB 98 March 22, 2005 Mr. President: Mr. Speaker: The Conference Committee considering CS FOR SENATE BILL NO. 98(FIN) am and HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" respectfully requests limited powers of free conference on the following specific points: Section 2(a) - "The sum of $6,450,000 is appropriated from the general fund to the Department of Commerce, Community, and Economic Development, division of community advocacy, for grants from the small municipality energy assistance program, for the fiscal year ending June 30, 2005, to the following cities and boroughs in the amounts stated. The grant awarded to each city or borough must be first used to repay any indebtedness of the city or borough to the bulk fuel revolving loan fund (AS 42.45.250). The amount of a grant remaining after repayment of any indebtedness of the city or borough to the bulk fuel revolving loan fund may be used by the city or borough for the purchase of fuel, utilities or insurance. The amount of the grant awarded to a city or borough is based upon 2003 population, with cities and boroughs with up to 99 residents receiving $22,395.83, cities and boroughs with 100 - 600 residents receiving $44,791.67, and cities and boroughs with 601 - 2,499 residents receiving approximately $67,187." Signing the report: Senator Wilken, Chair, Senators Green, Hoffman; Representatives Chenault, Meyer, Croft. 2005-03-22 Senate Journal Page 0658 President Stevens granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. Consideration of the Calendar Second Reading of Senate Bills SB 51 SENATE BILL NO. 51 "An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska Native family assistance programs; relating to assignment of child support by Alaska Native family assistance recipients; relating to paternity determinations and genetic testing involving recipients of assistance under Alaska Native family assistance programs; and providing for an effective date" was read the second time. Senator Green, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 434. Without objection, CS FOR SENATE BILL NO. 51(FIN) was adopted. Senator Gary Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 51(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 51(FIN) "An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska Native family assistance programs; relating to assignment of child support by 2005-03-22 Senate Journal Page 0659 Alaska Native family assistance recipients; relating to paternity determinations and genetic testing involving recipients of assistance under Alaska Native family assistance programs; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 51(FIN) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, CS FOR SENATE BILL NO. 51(FIN) passed the Senate. Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Reconsideration of House Bills HB 1 Senator Wilken requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 1(FIN) be taken up. The bill was before the Senate on reconsideration. Senator Wilken moved and asked unanimous consent to be shown as a cross sponsor on the bill. Without objection, it was so ordered. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 1(FIN) "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2005-03-22 Senate Journal Page 0660 SCS CSHB 1(FIN) Third Reading - On Reconsideration YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 1(FIN) passed the Senate on reconsideration. Senator Gary Stevens moved for the adoption of the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: SCS CSHB 1(FIN) Effective Date Clauses YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, the effective date clauses were adopted and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 51 CS FOR SENATE BILL NO. 51(FIN) "An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in 2005-03-22 Senate Journal Page 0661 the state; relating to grants for Alaska Native family assistance programs; relating to assignment of child support by Alaska Native family assistance recipients; relating to paternity determinations and genetic testing involving recipients of assistance under Alaska Native family assistance programs; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 1 SENATE CS FOR CS FOR HOUSE BILL NO. 1(FIN) "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 23, 2005. Without objection, the Senate adjourned at 12:05 p.m. Kirsten Waid Secretary of the Senate March 2005 2005-03-22 Senate Journal Page 0662 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 23 Wednesday Beltz 211 1:30 PM -- Meeting Canceled -- Bills Previously Heard/Scheduled Mar 25 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 22 Tuesday Senate Finance 532 9:00 AM += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT -- Invited Testimony on Above Bill -- + Bills Previously Heard/Scheduled Mar 23 Wednesday Senate Finance 532 9:00 AM += SB 46 APPROP: CAPITAL BUDGET Natural Resources, Public Safety, Revenue + Bills Previously Heard/Scheduled Mar 24 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 25 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- 2005-03-22 Senate Journal Page 0663 HEALTH, EDUCATION & SOCIAL SERVICES Mar 23 Wednesday Butrovich 205 1:30 PM -- Time Changed from 2 pm to 1:30 pm -- += SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS + Bills Previously Heard/Scheduled Mar 25 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 22 Tuesday Butrovich 205 8:30 AM + SB 70 CRIMES INVOLVING CONTROLLED SUBSTANCES + Bills Previously Heard/Scheduled Mar 23 Wednesday Butrovich 205 8:30 AM + SB 126 AQUATIC FARMING + SB 129 WRONGFUL FILING OF LIS PENDENS + Bills Previously Heard/Scheduled Mar 24 Thursday Butrovich 205 8:30 AM + SJR 12 URGE CONFIRM US SUPREME COURT NOMINEES + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 22 Tuesday Beltz 211 1:30 PM + SB 137 EVICTING INSTITUTIONAL PROPERTY USERS + SB 140 BAN INTERNET SPYWARE Bills Previously Heard/Scheduled += SB 130 WORKERS' COMPENSATION Mar 24 Thursday Beltz 211 1:30 PM += SB 2 LIEN REQUIREMENTS Bills Previously Heard/Scheduled Including But Not Limited to: = SB 130 WORKERS' COMPENSATION = SB 140 BAN INTERNET SPYWARE ---------------------------------------- 2005-03-22 Senate Journal Page 0664 RESOURCES Mar 23 Wednesday Butrovich 205 3:30 PM Bills Previously Heard/Scheduled += SB 113 GULF OF ALASKA GROUNDFISH FISHERY -- Testimony <Invitation Only> -- Mar 25 Friday Butrovich 205 3:30 PM No Meeting Scheduled Mar 30 Wednesday Senate Finance 532 2:30 PM Joint w/(H) Resources Nenana Basin Gas & Oil Project <Please Note Time & Location> ---------------------------------------- STATE AFFAIRS Mar 22 Tuesday Beltz 211 3:30 PM += SJR 8 CONST. AM: PERMANENT FUND P.O.M.V. + SJR 14 REPEAL FEDERAL ESTATE TAX + SB 24 REEMPLOYMENT OF RETIREES + SB 143 STATE INFO SYSTEM PLAN: LEGISLATURE + HB 90 STATE TREASURY WARRANTS + HB 97 OATHS; NOTARIES PUBLIC; STATE SEAL Bills Previously Heard/Scheduled Mar 24 Thursday Beltz 211 3:30 PM No Meeting Scheduled ---------------------------------------- TRANSPORTATION Mar 22 Tuesday Butrovich 205 1:30 PM + SB 16 POWERS/DUTIES DOTPF/TRANSPORTATION PLAN + SB 133 AVIATION ADVISORY BOARD Bills Previously Heard/Scheduled Mar 24 Thursday Butrovich 205 1:30 PM No Meeting Scheduled 2005-03-22 Senate Journal Page 0665 TRANSPORTATION (continued) Apr 05 Tuesday Butrovich 205 1:30 PM + Joint w/(H) Transportation Port of Tacoma - Briefing Federal Aviation Administration Weather Camera Program - Briefing ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE FOR SB 98 Mar 22 Tuesday Senate Finance 532 8:30 AM SB 98 FAST TRACK SUPPLEMENTAL APPROPS/CBRF Mar 22 Tuesday Senate Finance 532 12:15 PM SB 98 FAST TRACK SUPPLEMENTAL APPROPS/CBRF ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Mar 30 Wednesday House Finance 519 5:00 PM + Executive Session Other Committee Business -- Testimony <Invitation Only> -- ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Mar 22 Tuesday Butrovich 205 12:00 PM + Boys and Girls Clubs of Alaska ---------------------------------------- JOINT LEGISLATIVE HEALTH CAUCUS Mar 23 Wednesday Butrovich 205 12:00 PM "911: It's Your Life! "Inner Workings of Emergency Medical Services ---------------------------------------- 2005-03-22 Senate Journal Page 0666 JOINT SESSION Mar 30 Wednesday House Chamber 11:00 AM Address by U.S. Senator Lisa Murkowski