Legislature(2005 - 2006)
2005-03-24 Senate Journal
Full Journal pdf2005-03-24 Senate Journal Page 0681 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Thursday March 24, 2005 Seventy-fourth Day Pursuant to adjournment the Senate was called to order by President Stevens at 10:10 a.m. The roll showed sixteen members present. Senators Ellis, Elton, Hoffman, Olson were excused from a call of the Senate. The prayer was offered by the Chaplain, David Dierdorff of the Juneau Unitarian Universalist Fellowship. Senator Wilken moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Let us pray and reflect: We must sit down and reason together. Perhaps we should sit in the dark. In the dark we could utter our feelings. In the dark we could propose and describe and suggest. In the dark we could not see who speaks and only the words would say what they say. No one would speak more than twice. No one would speak less than once. Thus saying what we feel and what we want, what we fear for ourselves and each other into the dark. Perhaps we could begin to begin to listen. Those who haven't spoken must learn to dare to speak. Those who have spoken must learn to bother to listen. Those who have been quiet must learn to say I think this is so. 2005-03-24 Senate Journal Page 0682 Those who have spoken must learn to stop dancing solos on the ceiling. After each speaks, he or she will say a ritual phrase: It is not I who speaks but the wind. Wind blows through me. Long after me, is the wind. So be it. Amen. Senator Huggins led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the seventy-third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SB 98 Message dated March 23 was received, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering CS FOR SENATE BILL NO. 98(FIN) am and HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H, thus adopting: CONFERENCE CS FOR SENATE BILL NO. 98 "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 Senate adopted CONFERENCE CS FOR SENATE BILL NO. 98 on March 23 (page 672). 2005-03-24 Senate Journal Page 0683 Message dated March 23 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 15 CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) BY THE HOUSE RESOURCES COMMITTEE, Relating to open ocean aquaculture in the federal exclusive economic zone. was read the first time and referred to the Resources Committee. Message dated March 23 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 19 CS FOR HOUSE BILL NO. 19(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to pesticides and broadcast chemicals; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. Standing Committee Reports SB 70 The Judiciary Committee considered SENATE BILL NO. 70 "An Act relating to controlled substances regarding the crimes of manslaughter, endangering the welfare of a child, and misconduct involving a controlled substance; and providing for an effective date" and recommended it be replaced with 2005-03-24 Senate Journal Page 0684 CS FOR SENATE BILL NO. 70(JUD) (forthcoming) Signing do pass: Senator Seekins, Chair; Senators Therriault, Huggins. Signing no recommendation: Senators French, Guess. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, zero, Department of Administration Fiscal Note No. 3, zero, Department of Law Fiscal Note No. 4, indeterminate, Department of Corrections The bill was referred to the Finance Committee. SB 118 The Judiciary Committee considered SENATE BILL NO. 118 "An Act relating to online enticement of minors" and recommended it be replaced with CS FOR SENATE BILL NO. 118(JUD) (forthcoming) Signing do pass: Senator Seekins, Chair; Senators French, Guess, Therriault, Huggins. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Corrections Fiscal Note No. 3, zero, Alaska Court System Fiscal Note No. 4, zero, Department of Law Fiscal Note No. 5, zero, Department of Public Safety The bill was referred to the Finance Committee. SB 119 The Judiciary Committee considered SENATE BILL NO. 119 "An Act relating to dissemination of indecent material to minors" and recommended it be replaced with 2005-03-24 Senate Journal Page 0685 CS FOR SENATE BILL NO. 119(JUD) (forthcoming) Signing do pass: Senator Seekins, Chair; Senators French, Guess, Therriault, Huggins. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Corrections Fiscal Note No. 3, zero, Alaska Court System Fiscal Note No. 4, zero, Department of Law Fiscal Note No. 5, zero, Department of Public Safety The bill was referred to the Finance Committee. SB 126 The Judiciary Committee considered SENATE BILL NO. 126 "An Act relating to aquatic farming; and providing for an effective date." 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, Department of Fish and Game The bill was referred to the Resources Committee. SB 129 The Judiciary Committee considered SENATE BILL NO. 129 "An Act relating to the wrongful recording of a notice of pendency of an action relating to title to or right to possession of real property" and recommended it be replaced with CS FOR SENATE BILL NO. 129(JUD) 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, Alaska Court System Fiscal Note No. 2, zero, Department of Law The bill was referred to the Rules Committee. 2005-03-24 Senate Journal Page 0686 SJR 12 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 12 Requesting the United States Senate to move quickly to confirm all nominations by President George W. Bush to the United States Supreme Court, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 12(JUD) (forthcoming) 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, Senate Judiciary Committee The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 152 SENATE BILL NO. 152 BY SENATOR WAGONER, entitled: "An Act making a special appropriation for a survey to review pay differentials; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. Consideration of the Calendar Citations Honoring - Jonathan Weindel, 2005 Prudential Spirit of Community Award Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Rokeberg 2005-03-24 Senate Journal Page 0687 Honoring - Juneau-Douglas High School Softball Team, 2004 State Champions Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Ken Christensen Representative(s) Coghill Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Wagoner, Wilken In Memoriam - Ruth Willard Representative(s) Gruenberg Senator(s) Ellis, Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Senator Gary Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, April 8 to evening plane time, April 10 and from evening plane time, April 14 to evening plane time, April 18. Without objection, Senator Bunde was excused. SB 119 Senator Wagoner moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 119 "An Act relating to dissemination of indecent material to minors." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. 2005-03-24 Senate Journal Page 0688 Enrollment SB 42 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" 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 8:52 a.m., March 24, 2005. SB 60 SENATE BILL NO. 60 "An Act extending the termination date of the Statewide Suicide Prevention Council; and providing for an effective date" 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 8:52 a.m., March 24, 2005. Engrossment and Enrollment SR 2 SENATE RESOLUTION NO. 2 Supporting the efforts of the Department of Transportation and Public Facilities to improve transportation to and from Juneau and supporting development of the East Lynn Canal Highway, was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:00 p.m., March 23, 2005. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 3:00 p.m., March 29, 2005. Without objection, the Senate adjourned at 10:31 a.m. Kirsten Waid Secretary of the Senate March 2005 2005-03-24 Senate Journal Page 0689 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 25 Friday Beltz 211 1:30 PM No Meeting Scheduled Mar 28 Monday Beltz 211 1:30 PM No Meeting Scheduled Mar 30 Wednesday Beltz 211 1:30 PM + HB 108 WATER & SEWER UTILITIES OF POLIT. SUBDIV. Bills Previously Heard/Scheduled Apr 01 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 24 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 25 Friday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 28 Monday Senate Finance 532 9:00 AM No Meeting Scheduled 2005-03-24 Senate Journal Page 0690 FINANCE (continued) Mar 29 Tuesday Senate Finance 532 4:30 PM -- Time Change -- += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT + Bills Previously Heard/Scheduled Mar 30 Wednesday Senate Finance 532 9:00 AM += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT + Bills Previously Heard/Scheduled -- Committee will recess to the call of the Chair -- Mar 31 Thursday Senate Finance 532 9:00 AM += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT + Bills Previously Heard/Scheduled --Committee will recess to the call of the Chair, approximately 4:00 p.m.-- Apr 01 Friday Senate Finance 532 9:00 AM += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT + Bills Previously Heard/Scheduled -- Committee will recess to the call of the Chair, approximately 4:00 p.m.-- Apr 02 Saturday Senate Finance 532 10:00 AM -- Time Change -- += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT + Bills Previously Heard/Scheduled Apr 03 Sunday Senate Finance 532 10:00 AM -- Time Change -- += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 25 Friday Butrovich 205 1:30 PM No Meeting Scheduled Mar 28 Monday Butrovich 205 1:30 PM No Meeting Scheduled 2005-03-24 Senate Journal Page 0691 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Mar 30 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Yukon Legislative Exchange Apr 01 Friday Butrovich 205 1:30 PM += SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS ---------------------------------------- JUDICIARY Mar 24 Thursday Butrovich 205 8:30 AM + SJR 12 URGE CONFIRM US SUPREME COURT NOMINEES + Bills Previously Heard/Scheduled Mar 29 Tuesday Butrovich 205 10:30 AM -- Time Change -- + SB 106 SALE OF METHAMPHETAMINE AND PRECURSORS + Bills Previously Heard/Scheduled Mar 30 Wednesday Butrovich 205 8:30 AM + Bills Previously Heard/Scheduled Mar 31 Thursday Butrovich 205 8:30 AM + HB 124 COLLECTION OF DNA/USE OF FORCE + SB 20 OFFENSES AGAINST UNBORN CHILDREN + SB 54 PROTECTIVE ORDERS FOR SEXUAL ASSAULT + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 24 Thursday Beltz 211 2:00 PM -- Time Change -- += SB 2 LIEN REQUIREMENTS Bills Previously Heard/Scheduled Including But Not Limited to: = SB 130 WORKERS' COMPENSATION = SB 140 BAN INTERNET SPYWARE 2005-03-24 Senate Journal Page 0692 LABOR & COMMERCE (continued) Mar 29 Tuesday Beltz 211 1:30 PM + SB 147 SPORT FISHING FACILITY REVENUE BONDS + SJR 11 REPEAL TELECOMMUNICATIONS TAX + Bills Previously Heard/Scheduled Including But Not Limited to: += SB 130 WORKERS' COMPENSATION Mar 31 Thursday Beltz 211 1:30 PM + SB 142 REGIONAL SCHOOL BD LAND/BLDG OWNERSHIP + SB 139 EXTENSIONS OF OCCUPATIONAL BDS/AGENCIES + SB 108 INSURANCE Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 25 Friday Butrovich 205 3:30 PM No Meeting Scheduled Mar 28 Monday 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> Apr 01 Friday Butrovich 205 3:30 PM -- Meeting Canceled -- += SB 113 GULF OF ALASKA GROUNDFISH FISHERY -- Testimony <Invitation Only> -- ---------------------------------------- STATE AFFAIRS Mar 24 Thursday Beltz 211 3:30 PM No Meeting Scheduled 2005-03-24 Senate Journal Page 0693 STATE AFFAIRS (continued) Mar 29 Tuesday Beltz 211 3:30 PM + SB 26 FELONS' RIGHT TO VOTE + SB 59 PFD ALLOWABLE ABSENCE FOR DIPLOMATS + HJR 8 SUPPORTING ALASKA ARMY NATL. GUARD + Bills Previously Heard/Scheduled Mar 31 Thursday Beltz 211 3:30 PM + SB 121 STATE OF AK CAPITAL CORP.; BONDS + SB 122 AMERADA HESS INCOME; CAPITAL INCOME ACCT. + SB 152 APPROP: COST-OF-LIVING SURVEY + Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 24 Thursday Butrovich 205 1:30 PM No Meeting Scheduled Mar 29 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 31 Thursday Butrovich 205 1:30 PM = SB 16 POWERS/DUTIES DOTPF/TRANSPORTATION PLAN = SB 133 AVIATION ADVISORY BOARD Bills Previously Heard/Scheduled Apr 05 Tuesday Butrovich 205 1:30 PM + Joint w/(H) Transportation Port of Tacoma - Briefing + Federal Aviation Administration Weather Camera Program - Briefing ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Apr 05 Tuesday Butrovich 205 7:00 AM FY06 Budget Review: Dept of Administration 2005-03-24 Senate Journal Page 0694 MILITARY AND VETERANS AFFAIRS Apr 01 Friday Beltz 211 4:00 PM FY06 Budget Review: Dept of Military and Veterans Affairs ---------------------------------------- PUBLIC SAFETY Apr 01 Friday Beltz 211 7:00 AM FY06 Budget Review: Dept of Public Safety ---------------------------------------- UNIVERSITY OF ALASKA Apr 01 Friday Senate Finance 532 8:00 AM FY06 Budget Overview: University of Alaska ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 30 Wednesday House Finance 519 5:00 PM + Executive Session Other Committee Business -- Testimony <Invitation Only> -- ---------------------------------------- OTHER MEETINGS JOINT SESSION Mar 30 Wednesday House Chamber 11:00 AM Address by U.S. Senator Lisa Murkowski