Legislature(2005 - 2006)

2005-03-30 Senate Journal

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2005-03-30                     Senate Journal                      Page 0721
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                   Wednesday                   March 30, 2005                       
                                                                                                    
                                Eightieth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 10:55 a.m.                                                                               
                                                                                                    
The roll showed sixteen members present. Senators Dyson, Kookesh,                                   
Olson were excused from a call of the Senate. Senator Guess was                                     
absent.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Gary Waterhouse of                                   
the Juneau and Sitka Seventh Day Adventist Church. Senator Hoffman                                  
moved and asked unanimous consent that the prayer be spread.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
      Lord, We pray that You will bless those assembled here                                        
      today. Guide their minds and hearts, teach them to be                                         
      generous in their outlook and courageous in the face of                                       
      difficulty and wise in their decisions. May they have                                         
      pure motives and honest hearts.                                                               
                                                                                                    
      Lord our God, we implore You to imbue this body with                                          
      a spirit of justice, compassion and clarity of vision, as                                     
      they work through obstacles and detours placed in front                                       
      of them.                                                                                      
                                                                                                    
      May the people of our great land be inspired by the                                           
      leadership of these men and women.                                                            
                                                                                                    
      And now let the words of our mouth and the meditations                                        
      of our hearts be acceptable in Thy sight, O Lord our                                          
      strength and our redeemer.                                                                    

2005-03-30                     Senate Journal                      Page 0722
Senator Hoffman led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the seventy-ninth legislative day be approved as certified                              
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in recess to the Joint Session. Without objection, the                                 
Senate recessed at 10:59 a.m.                                                                       
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                          Joint Session in the House                                             
                                                                                                    
Speaker Harris called the House to order and in accordance with                                     
Uniform Rule 51 turned the gavel over to President Stevens, who                                     
called the Joint Session to order at 11:10 a.m.                                                     
                                                                                                    
The purpose of the Joint Session was to hear an address by the                                      
Honorable Lisa Murkowski, U.S. Senator for Alaska.                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
roll call of the Senate be waived and all members be shown as present.                              
Without objection, it was so ordered.                                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call of the House be waived and all members be shown as present.                               
Without objection, it was so ordered.                                                               
                                                                                                    
President Stevens appointed Representative LeDoux and Senator                                       
Davis to escort U.S. Senator Murkowski to the Joint Session.                                        
                                                                                                    
                                                                                                    

2005-03-30                     Senate Journal                      Page 0723
The Senate Sergeant at Arms, Eric Huckaba, announced Senator Lisa                                   
Murkowski's entrance to the House Chamber.                                                          
                                                                                                    
The Honorable Lisa Murkowski was escorted to the rostrum and                                        
welcomed by President Stevens.                                                                      
                                                                                                    
Senator Murkowski delivered her address. This address appears in                                    
Senate and House Joint Journal Supplement No. 5.                                                    
                                                                                                    
Senator Murkowski introduced her staff: Tom Daffron, chief of staff;                                
Elliot Bundy, press secretary; and Connie McKenzie, special assistant                               
in Juneau. She also introduced, her father, Alaska's Governor Frank H.                              
Murkowski.                                                                                          
                                                                                                    
Following her address, there was a question and answer period. The                                  
Honorable Lisa Murkowski received a standing ovation and was                                        
escorted from the chamber by Senator Davis and Representative                                       
LeDoux.                                                                                             
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Joint Session stand in adjournment. Without objection, President                                    
Stevens adjourned the Joint Session at 12:05 p.m.                                                   
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                                In the Senate                                                    
                                                                                                    
The Senate reconvened at 12:10 p.m.                                                                 
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 67                                                                                             
Corrected Judiciary committee report (page 705) was received today,                                 
regarding SENATE BILL NO. 67 "An Act relating to claims for                                         
personal injury or wrongful death against health care providers; and                                
providing for an effective date." The Judiciary Committee considered                                
the bill and recommended it be replaced with                                                        
                                                                                                    
          CS FOR SENATE BILL NO. 67(JUD)                                                            

2005-03-30                     Senate Journal                      Page 0724
SB 132                                                                                            
The State Affairs Committee considered SENATE BILL NO. 132 "An                                      
Act relating to complaints filed with, investigations, hearings, and                                
orders of, and the interest rate on awards of the State Commission for                              
Human Rights; making conforming amendments; and providing for an                                    
effective date." Signing no recommendation: Senator Therriault,                                     
Chair; Senators Wagoner, Huggins. Signing amend: Senator Davis.                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Office of the Governor                                                    
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 143                                                                                            
The State Affairs Committee considered SENATE BILL NO. 143 "An                                      
Act amending the definition of the term 'state agencies' as it applies                              
under Executive Order No. 113; relating to information systems in the                               
legislative branch and to the Telecommunications Information                                        
Council; and providing for an effective date" and recommended it be                                 
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 143(STA)                                                           
                                                                                                    
Signing do pass: Senator Therriault, Chair; Senators Wagoner,                                       
Huggins. Signing no recommendation: Senator Davis.                                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HJR 8                                                                                             
The State Affairs Committee considered HOUSE JOINT                                                  
RESOLUTION NO. 8 Expressing support of Alaska Army National                                         
Guard soldiers deployed worldwide. Signing do pass: Senator                                         
Therriault, Chair; Senators Wagoner, Huggins, Davis.                                                
                                                                                                    
The following previously published fiscal information applies:                                      
     Fiscal Note No. 1, zero, House Special Committee on Military and                               
       Veterans' Affairs                                                                            
                                                                                                    
The resolution was referred to the Rules Committee.                                                 

2005-03-30                     Senate Journal                      Page 0725
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Sergeant Alfonso Grubbs                                                                  
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Haines Borough Public Library                                                            
Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Olson, Seekins,                               
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Thomas                                                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                          Engrossment and Enrollment                                             
                                                                                                    
SB 98                                                                                             
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" was engrossed and                                
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 8:19 a.m., March 30, 2005.                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-30                     Senate Journal                      Page 0726
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., March 31, 2005.                                       
Without objection, the Senate adjourned at 12:11 p.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2005                         

2005-03-30                     Senate Journal                      Page 0727
                                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 30        Wednesday                             Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
+ HB 108 WATER & SEWER UTILITIES OF POLIT. SUBDIV.                                                  
              <Bill Hearing Postponed>                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 01        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 04        Monday                                Beltz 211         1:30 PM                     
+= HB 108 WATER & SEWER UTILITIES OF POLIT. SUBDIV.                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 06        Wednesday                             Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 08        Friday                                Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
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 --                                                                          

2005-03-30                     Senate Journal                      Page 0728
                             FINANCE (continued)                                                 
                                                                                                    
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 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 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                                                      

2005-03-30                     Senate Journal                      Page 0729
                               LABOR & COMMERCE                                                  
                                                                                                    
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                                                      
              including but not limited to:                                                         
= SB 147 SPORT FISHING FACILITY REVENUE BONDS                                                       
= SJR 11 REPEAL TELECOMMUNICATIONS TAX                                                              
= SB 130 WORKERS' COMPENSATION                                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
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 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 31        Thursday                        Butrovich 205           1:30 PM                     
= SB  16 POWERS/DUTIES DOTPF/TRANSPORTATION PLAN                                                    
= SB 133 AVIATION ADVISORY BOARD                                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    

2005-03-30                     Senate Journal                      Page 0730
                          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                                                     
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                ADMINISTRATION                                                   
                                                                                                    
Apr 05        Tuesday                         Butrovich 205           7:00 AM                     
              FY06 Budget Review:                                                                   
              Dept of Administration                                                                
                   ----------------------------------------                                        
                                                                                                    
                        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                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-03-30                     Senate Journal                      Page 0731
                               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