Legislature(2005 - 2006)

2005-04-18 Senate Journal

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2005-04-18                     Senate Journal                      Page 1007
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                     Monday                     April 18, 2005                      
                                                                                                    
                               Ninety-ninth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:18 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Bunde was                                         
excused from a call of the Senate.                                                                  
                                                                                                    
The prayer was offered by the Chaplain, Pastor Richard Green of the                                 
Glacier Valley Church of God. Senator Hoffman moved and asked                                       
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
                            "Our Father in heaven,                                                 
                            Hallowed be Your name,                                                 
                              Your kingdom come,                                                   
                              Your will be done,                                                   
                        On earth as it is in heaven."                                              
                                                                                                    
          You are the source of all wisdom and the supplier of                                      
          all the needs of our lives.                                                               
                                                                                                    
          Today we come to You with the great needs of the                                          
          people of our communities. We are asking the                                              
          intervention of Your omnipotence into our                                                 
          impossibilities. You are Healer to the broken. You                                        
          are Comfort to the bereaved. You are Strength to the                                      
          weak. You are Hope to the despairing. You hold the                                        
          answers to the complex issues of our lives.                                               
                                                                                                    
          Thank You for the supply of Your grace and the gifts                                      
          of Your love.                                                                             

2005-04-18                     Senate Journal                      Page 1008
               We commit this day into Your faithful hands. We                                     
          trust You for divine direction in all we do.                                              
                                                                                                    
             "Now the grace of the Lord Jesus Christ and the love                                  
               of God, and the communion of the Holy Spirit be                                     
   with you all.                                                    Amen."                         
                                                                                                    
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the ninety-sixth through ninety-eighth legislative days be                             
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Letter dated and received April 15 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:                                                                                              
                                                                                                    
Alcoholic Beverage Control Board                                                                  
Michael Gordon - Anchorage                                                                          
Appointed: 2/19/2003             Reappointed: 4/13/2005                                             
Term Expires: 3/1/2008                                                                              
                                                                                                    
William Tull - Palmer                                                                               
Appointed: 4/13/2005             Term Expires: 3/1/2008                                             
                                                                                                    
Board of Marine Pilots                                                                            
Dale Collins - Ketchikan                                                                            
Appointed: 4/18/2005             Term Expires: 3/1/2009                                             
                                                                                                    
Real Estate Commission                                                                            
Gene DuVal - Fairbanks                                                                              
Appointed: 4/13/2005             Term Expires: 3/1/2009                                             

2005-04-18                     Senate Journal                      Page 1009
Roger Stone - Ketchikan                                                                             
Appointed: 4/13/2005 Term Expires: 3/1/2009                                                         
                                                                                                    
The appointments were referred to the Labor and Commerce                                            
Committee.                                                                                          
                                                                                                    
Board of Dental Examiners                                                                         
Dr. William Gerace - Anchorage                                                                      
Appointed: 6/25/2001             Reappointed: 4/14/2005                                             
Term Expires: 3/1/2009                                                                              
                                                                                                    
Greg Gursey - Anchorage                                                                             
Appointed: 4/14/2005 Term Expires: 3/1/2009                                                         
                                                                                                    
Vickie Hauff - Anchorage                                                                            
Appointed: 4/14/2005 Term Expires: 3/1/2009                                                         
                                                                                                    
Dr. Rebecca Neslund - Kodiak                                                                        
Appointed: 11/14/2001 Reappointed: 4/14/2005                                                        
Term Expires: 3/1/2009                                                                              
                                                                                                    
Board of Pharmacy                                                                                 
Mary Mundell - Homer                                                                                
Appointed: 4/14/2005 Term Expires: 3/1/2009                                                         
                                                                                                    
Leona Oberts - Soldotna                                                                             
Appointed: 4/14/2005 Term Expires: 3/1/2009                                                         
                                                                                                    
State Physical Therapy and Occupational Therapy Board                                             
Gary Burleson - Anchorage                                                                           
Appointed: 4/14/2005 Term Expires: 3/1/2008                                                         
                                                                                                    
Alec Kay - Anchorage                                                                                
Appointed: 4/14/2005 Term Expires: 3/1/2008                                                         
                                                                                                    
Jay McDiarmid - Fairbanks                                                                           
Appointed: 4/14/2005 Term Expires: 3/1/2009                                                         
                                                                                                    
JoAnne Boehme - Juneau                                                                              
Appointed: 4/14/2005 Term Expires: 3/1/2006                                                         

2005-04-18                     Senate Journal                      Page 1010
Alaska Mental Health Trust Authority Board of Trustees                                            
Margaret Lowe - Anchorage                                                                           
Appointed: 4/13/2005             Term Expires: 3/1/2010                                             
                                                                                                    
Professional Counselors                                                                           
James (Randy) Morton - Nome                                                                         
Appointed: 4/14/2005             Term Expires: 3/1/2008                                             
                                                                                                    
Tashawna Olson - Homer                                                                              
Appointed: 4/14/2005             Term Expires: 3/1/2009                                             
                                                                                                    
Dr. Kerry Turnbow - Fairbanks                                                                       
Appointed: 4/14/2005             Term Expires: 3/1/2009                                             
                                                                                                    
University of Alaska Board of Regents (Student Seat)                                              
Jacob Gondek - Anchorage                                                                            
Appointed: 4/13/2005             Term Expires: 5/31/2007                                            
                                                                                                    
The appointments were referred to the Health, Education and Social                                  
Services Committee.                                                                                 
                                                                                                    
Board of Fisheries                                                                                
Rupert E. Andrews - Juneau                                                                          
Appointed: 1/20/2003             Reappointed: 4/11/2005                                             
Term Expires: 6/30/2008                                                                             
                                                                                                    
John E. Jensen - Petersburg                                                                         
Appointed: 1/20/2003             Reappointed: 4/11/2005                                             
Term Expires: 6/30/2008                                                                             
                                                                                                    
Melvan E. Morris, Jr. - Kodiak                                                                      
Appointed: 1/20/2003             Reappointed: 4/11/2005                                             
Term Expires: 6/30/2008                                                                             
                                                                                                    
Board of Game                                                                                     
Carl M. Morgan, Jr. - Aniak                                                                         
Appointed: 4/11/2005             Term Expires: 3/1/2008                                             
                                                                                                    
Ron Somerville - Juneau                                                                             
Appointed: 1/21/2003             Reappointed: 4/11/2005                                             
Term Expires: 3/1/2008                                                                              

2005-04-18                     Senate Journal                      Page 1011
Ted H. Spraker - Soldotna                                                                           
Appointed: 1/21/2003             Reappointed: 4/11/2005                                             
Term Expires: 3/1/2008                                                                              
                                                                                                    
Alaska Commercial Fisheries Entry Commission                                                      
Peter Froehlich - Juneau                                                                            
Appointment: 7/1/2005            Term Expires:  3/1/2009                                            
                                                                                                    
The appointments were referred to the Resources Committee.                                          
                                                                                                    
Commission on Judicial Conduct                                                                    
Ethel Staton - Sitka                                                                                
Appointed: 3/4/1997              Reappointed: 3/23/2005                                             
Term Expires: 3/1/2009                                                                              
                                                                                                    
Jerry Story - Wasilla                                                                               
Appointed: 3/23/2005             Term Expires: 3/1/2008                                             
                                                                                                    
Alaska Judicial Council                                                                           
Christena (Tena) Williams - Ketchikan                                                               
Appointed: 4/13/2005             Term Expires: 3/1/2011                                             
                                                                                                    
Violent Crimes Compensation Board                                                                 
LeRoy J. Barker - Anchorage                                                                         
Appointed: 2/19/2003  Reappointed:  3/23/2005                                                       
Term Expires: 3/1/2008                                                                              
                                                                                                    
The appointments were referred to the Judiciary 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 52                                                                                             
Message dated April 15 was read, stating the House passed and                                       
returned:                                                                                           
                                                                                                    
                                                                                                    

2005-04-18                     Senate Journal                      Page 1012
          CS FOR SENATE BILL NO. 52(L&C) "An Act                                                    
          relating to certain functions of the division of                                          
          banking, securities, and corporations and the division                                    
          of occupational licensing in the Department of                                            
          Commerce, Community, and Economic                                                         
          Development; relating to program receipts and record                                      
          search fees of the Department of Commerce,                                                
          Community, and Economic Development related to                                            
          banking, securities, and corporations; and providing                                      
          for an effective date."                                                                   
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
                                                                                                    
Report dated April 18 was read, stating:                                                            
                                                                                                    
In accordance with AS 44.64.010, the Judiciary Committee reviewed                                   
the following and recommends the appointment be forwarded to a                                      
joint session for consideration:                                                                    
                                                                                                    
Chief Administrative Law Judge                                                                    
Terry L. Thurbon                                                                                    
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individual during any further sessions.                                                 
                                                                                                    
Signing the report: Senator Seekins, Chair; Senators Huggins,                                       
Therriault, French, Guess.                                                                          
                                                                                                    
Report dated April 18 was read, stating:                                                            
                                                                                                    
In accordance with AS 39.05.080, the Judiciary Committee reviewed                                   
the following and recommends the appointment be forwarded to a                                      
joint session for consideration:                                                                    
                                                                                                    
Board of Governors of the Alaska Bar                                                              
Joseph N. Faulhaber                                                                                 

2005-04-18                     Senate Journal                      Page 1013
This does not reflect an intent by any of the members to vote for or                                
against the individual during any further sessions.                                                 
                                                                                                    
Signing the report: Senator Seekins, Chair; Senators Huggins,                                       
Therriault.                                                                                         
                                                                                                    
SB 12                                                                                             
Forthcoming State Affairs Committee Substitute (page 983) for                                       
SENATE BILL NO. 12 "An Act relating to the prohibition or                                           
elimination of financial relationships with persons that conduct                                    
business in countries that support or ignore slavery and trafficking in                             
persons" was received today:                                                                        
                                                                                                    
          CS FOR SENATE BILL NO. 12(STA) "An Act                                                    
          relating to financial relationships with persons                                          
          conducting business in or having headquarters in                                          
          countries that support or ignore slavery and                                              
          trafficking in persons."                                                                  
                                                                                                    
SB 24                                                                                             
Forthcoming State Affairs Committee Substitute (page 984) for                                       
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 24 "An Act                                                   
relating to reemployment of and benefits for retired teachers and                                   
public employees and to teachers or employees who participated in                                   
retirement incentive programs and are subsequently reemployed as a                                  
commissioner; repealing secs. 5, 7, and 9, ch. 58, SLA 2001;                                        
providing for an effective date by amending the delayed effective date                              
for secs. 3, 5, 9, and 12, ch. 57, SLA 2001, and repealing sec. 13, ch.                             
58, SLA 2001, which is the delayed effective date for secs. 5, 7, and 9,                            
ch. 58, SLA 2001; and providing for an effective date" was received                                 
today:                                                                                              
                                                                                                    
          CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                      
          BILL NO. 24(STA) "An Act relating to                                                      
          reemployment of and benefits for retired teachers and                                     
          public employees and to teachers or employees who                                         
          participated in retirement incentive programs and are                                     
          subsequently reemployed as a commissioner; and                                            
          providing for an effective date."                                                         
                                                                                                    

2005-04-18                     Senate Journal                      Page 1014
SB 69                                                                                             
The Finance Committee considered SENATE BILL NO. 69 "An Act                                         
making special appropriations to promote the opening of the Arctic                                  
National Wildlife Refuge for oil and gas exploration and development;                               
and providing for an effective date" and recommended it be replaced                                 
with                                                                                                
                                                                                                    
          CS FOR SENATE BILL NO. 69(FIN) "An Act                                                    
          making a special appropriation for a grant to Arctic                                      
          Power to promote the opening of the Arctic National                                       
          Wildlife Refuge for oil and gas exploration and                                           
          development; and providing for an effective date."                                        
                                                                                                    
Signing do pass: Senator Green, Cochair; Senators Olson, Dyson,                                     
Stedman. Signing no recommendation: Senator Hoffman.                                                
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 86                                                                                             
The Judiciary Committee considered SENATE BILL NO. 86 "An Act                                       
relating to the liability of the state and municipalities for attorney fees                         
in certain civil actions and appeals; and providing for an effective                                
date" and recommended the adoption of the Community and Regional                                    
Affairs Committee Substitute offered on page 790.                                                   
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators Therriault, Huggins.                              
Signing do not pass: Senators French, Guess.                                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 110                                                                                            
The Finance Committee considered SENATE BILL NO. 110 "An Act                                        
relating to regulation of the discharge of pollutants under the National                            
Pollutant Discharge Elimination System; and providing for an                                        
effective date" and recommended it be replaced with                                                 
                                                                                                    

2005-04-18                     Senate Journal                      Page 1015
          CS FOR SENATE BILL NO. 110(FIN)                                                           
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs. Signing no                                       
recommendation: Senators Hoffman, Dyson, Stedman. Signing                                           
amend: Senator Olson.                                                                               
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
 Fiscal Note No. 2, zero, Department of Natural Resources                                           
 Fiscal Note No. 4, zero, Department of Transportation and Public                                   
       Facilities                                                                                   
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 139                                                                                            
The Finance Committee considered SENATE BILL NO. 139 "An Act                                        
relating to termination and oversight of boards, commissions, and                                   
agency programs; extending the termination date of the Board of                                     
Marital and Family Therapy; and providing for an effective date" and                                
recommended the adoption of the Labor and Commerce Committee                                        
Substitute offered on page 845.                                                                     
                                                                                                    
Signing do pass: Senator Green, Cochair; Senators Hoffman, Olson,                                   
Stedman. Signing no recommendation: Senator Dyson.                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
           Fiscal Note No. 1, Department of Commerce, Community and                                
       Economic Development                                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 147                                                                                            
The Finance Committee considered SENATE BILL NO. 147 "An Act                                        
providing for a sport fishing facility surcharge on sport fishing                                   
licenses; providing for the construction and renovation of state sport                              
fishing facilities and for other projects beneficial to the sport fish                              
resources of the state as a public enterprise; and authorizing the                                  
issuance of revenue bonds to finance those projects" and                                            
recommended it be replaced with                                                                     

2005-04-18                     Senate Journal                      Page 1016
          CS FOR SENATE BILL NO. 147(FIN)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs. Signing no                                       
recommendation: Senators Hoffman, Olson, Dyson, Stedman.                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
 Fiscal Note No. 2, Department of Fish and Game                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 150                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 150 "An Act repealing the limits on grants                                          
awarded from the Alaska children's trust fund" and recommended it be                                
replaced with                                                                                       
                                                                                                    
                   CS FOR SENATE BILL NO. 150(HES) "An Act                                         
          relating to the Alaska children's trust grant awards."                                    
                                                                                                    
Signing do pass: Senator Dyson, Chair; Senators Wilken, Green.                                      
Signing no recommendation: Senators Elton, Olson.                                                   
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 154                                                                                            
The Judiciary Committee considered SENATE BILL NO. 154 "An                                          
Act relating to the jurisdiction for proceedings relating to delinquent                             
minors and to telephonic and televised participation in those                                       
proceedings; amending Rules 2, 3, 4, 8, 12, 13, 14, 15, 16, 21, 22, 23,                             
24.1, and 25, Alaska Delinquency Rules; and providing for an                                        
effective date" and recommended it be replaced with                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 154(JUD)                                                           
                                                                                                    
                                                                                                    

2005-04-18                     Senate Journal                      Page 1017
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. 4, zero, Senate Judiciary Committee                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 161                                                                                            
The Community and Regional Affairs Committee considered                                             
SENATE BILL NO. 161 "An Act relating to a borough sales tax                                         
exemption for a source that is taxed by a city in that borough." Signing                            
do pass: Senator Gary Stevens, Chair. Signing no recommendation:                                    
Senators Wagoner, Ellis, 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 Finance Committee.                                                     
                                                                                                    
SB 164                                                                                            
The Resources Committee considered SENATE BILL NO. 164 "An                                          
Act relating to the salmon product development tax credit; providing                                
for an effective date by amending an effective date in sec. 7, ch. 57,                              
SLA 2003; and providing for an effective date." Signing amend:                                      
Senator Wagoner, Chair; Senator Elton. Signing do pass: Senators                                    
Stedman, Ben Stevens. Signing do pass with amendments: Senator                                      
Dyson. Signing do not pass: Senator Seekins. Signing no                                             
recommendation: Senator Guess.                                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    

2005-04-18                     Senate Journal                      Page 1018
HB 19                                                                                             
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
19(FIN) "An Act relating to pesticides and broadcast chemicals; and                                 
providing for an effective date." Signing no recommendation: Senator                                
Wagoner, Chair; Senators Dyson, Stedman. Signing do pass: Senators                                  
Elton, Seekins, Ben Stevens. Signing amend: Senator Guess.                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, House Finance Committee                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 95                                                                                             
Forthcoming State Affairs Senate Committee Substitute (page 989) for                                
CS FOR HOUSE BILL NO. 95(RLS) am "An Act relating to the                                            
duties of the Department of Health and Social Services as those duties                              
pertain to public health and public health emergencies and disasters;                               
relating to medical treatment, information, isolation and quarantine for                            
the prevention and management of conditions of public health                                        
importance; relating to duties of the public defender and office of                                 
public advocacy regarding public health emergencies and disasters;                                  
relating to liability for actions arising from public health procedures;                            
making conforming amendments; relating to the treatment and                                         
transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65, 72,                              
and 77, Alaska Rules of Civil Procedure; and providing for an                                       
effective date" was received today:                                                                 
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          95(STA)                                                                                   
                                                                                                    
SJR 11                                                                                            
The Finance Committee considered SENATE JOINT RESOLUTION                                            
NO. 11 Urging the United States Congress to amend the tax code to                                   
repeal the federal excise tax on communications. Signing do pass:                                   
Senator Green, Cochair, Senators Hoffman, Olson, Stedman.                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The resolution was referred to the Rules Committee.                                                 

2005-04-18                     Senate Journal                      Page 1019
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 178                                                                                            
SENATE BILL NO. 178 BY SENATOR WAGONER, entitled:                                                   
                                                                                                    
             "An Act relating to school funding and adjusting the                                  
          district cost factors."                                                                   
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 179                                                                                            
SENATE BILL NO. 179 BY SENATOR THERRIAULT, entitled:                                                
                                                                                                    
          "An Act relating to the taxation of mining property;                                      
          relating to contracts approved by municipalities for                                      
          payments in lieu of taxes; and providing for an                                           
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 16                                                                                             
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16 "An Act                                                   
relating to the powers and duties of the Department of Transportation                               
and Public Facilities; repealing the requirement for a long-range                                   
program for highway construction and maintenance; and repealing a                                   
requirement that public facilities comply with energy standards                                     
adopted by the Department of Transportation and Public Facilities"                                  
was read the second time.                                                                           
                                                                                                    
Senator Huggins, Chair, moved and asked unanimous consent for the                                   
adoption of the Transportation Committee Substitute offered on page                                 
753. Senator Ellis objected, then withdrew his objection. There being                               
no further objection, CS FOR SPONSOR SUBSTITUTE FOR                                                 
SENATE BILL NO. 16(TRA) "An Act relating to the powers and                                          
duties of the Department of Transportation and Public Facilities;                                   
repealing the requirement for a long-range program for highway                                      

2005-04-18                     Senate Journal                      Page 1020
construction and maintenance; and repealing a requirement that public                               
facilities comply with energy standards adopted by the Department of                                
Transportation and Public Facilities; and providing for an effective                                
date" was adopted.                                                                                  
                                                                                                    
President Stevens stated CS FOR SPONSOR SUBSTITUTE FOR                                              
SENATE BILL NO. 16(TRA) will be on the April 19 calendar.                                           
                                                                                                    
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SJR 14                                                                                            
SENATE JOINT RESOLUTION NO. 14 Urging the United States                                             
Congress to amend the tax code to permanently repeal the federal                                    
estate and generation-skipping transfer tax, was read the second time.                              
                                                                                                    
Senator French offered Amendment No. 1 :                                                             
                                                                                                    
Page 1, following line 6:                                                                           
     Insert new material to read:                                                                   
     "WHEREAS, in its current form, the estate tax only affects the                               
wealthiest two percent of all Americans; and"                                                       
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SJR 14                                                                                              
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
                                                                                                    

2005-04-18                     Senate Journal                      Page 1021
Senator French offered Amendment No. 2 :                                                             
                                                                                                    
Page 1, following line 15:                                                                          
     Insert new material to read:                                                                   
     "WHEREAS permanently repealing the estate tax will make it                                   
     more difficult for the United States Congress to fund the social                               
     security shortfall; and"                                                                       
                                                                                                    
Senator French moved for the adoption of Amendment No. 2. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SJR 14                                                                                              
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
Senators Wilken, Green, Stedman, Cowdery, Dyson, Wagoner,                                           
Seekins, Ben Stevens moved and asked unanimous consent to be                                        
shown as cosponsors on the resolution. Without objection, it was so                                 
ordered.                                                                                            
                                                                                                    
President Stevens stated SENATE JOINT RESOLUTION NO. 14 will                                        
be on the April 19 calendar.                                                                        
                                                                                                    
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HCR 2                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 2 was read the second                                               
time and was before the Senate on final passage.                                                    

2005-04-18                     Senate Journal                      Page 1022
President Stevens stated that, without objection, all members would be                              
shown as cross sponsors on the resolution. There being no objection,                                
all members were shown as cross sponsors on the resolution.                                         
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 2 Urging Governor Murkowski to take quick action to conduct,                                    
approve, or sanction a study of in-state natural gas needs and take-off                             
points for intrastate use of natural gas transported in a North Slope                               
natural gas pipeline, pass the Senate?" The roll was taken with the                                 
following result:                                                                                   
                                                                                                    
HCR 2                                                                                               
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 2 passed the                                                
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
In Memoriam - Ann Barbara (Dieringer) Bachner                                                       
Representative(s) Holm                                                                              
Senator(s) Wilken, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton,                                
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner                                                                   
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citation be adopted. Without objection, the citation was adopted and                                
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-18                     Senate Journal                      Page 1023
                                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., April 19, 2005. Without                               
objection, the Senate adjourned at 12:08 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2005                       

2005-04-18                     Senate Journal                      Page 1024
                                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                                            
                                                                                                    
Apr 18        Monday                                Beltz 211         2:00 PM                     
              -- Please Note Time Change --                                                         
              Bills Previously Heard/Scheduled                                                      
     SB 179 MINERALS TAX/PAYMENTS TO MUNIS IN LIEU                                                  
                                                                                                    
Apr 20        Wednesday                             Beltz 211         1:30 PM                     
+ SB 171 NPR-A COMMUNITY GRANT PROGRAM                                                              
+ HB 229 REINSTATEMENT OF NATIVE CORPORATIONS                                                       
                                                                                                    
Apr 22        Friday                                Beltz 211         1:30 PM                     
+ HB 184 MUNICIPAL FIREARM ORDINANCES                                                               
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 18        Monday                    Senate Finance 532            9:00 AM                     
+ SB 139 EXTENSIONS OF OCCUPATIONAL BDS/AGENCIES                                                    
+ SJR 11 REPEAL TELECOMMUNICATIONS TAX                                                              
+ SB  69 APPROP: GRANT TO ARCTIC POWER FOR ANWR                                                     
              Bills Previously Heard/Scheduled                                                      
+= SB 151 DECOUPLING FROM FED TAX DEDUCTION                                                         
+= SB  70 CRIMES INVOLVING CONTROLLED SUBSTANCES                                                    
+= SB 110 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-18                     Senate Journal                      Page 1025
                             FINANCE (continued)                                                 
                                                                                                    
Apr 19        Tuesday                   Senate Finance 532            9:00 AM                     
+ SB 142 REGIONAL SCHOOL BD LAND/BLDG OWNERSHIP                                                     
+ SB 160 STATE PROCUREMENT ELECTRONIC TOOLS                                                         
+             Bills Previously Heard/Scheduled                                                      
+= SB 131 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES                                                    
+= SB  70 CRIMES INVOLVING CONTROLLED SUBSTANCES                                                    
+= SB 100 ENHANCED 911 SURCHARGES                                                                   
+= SB 112 TAX ON REAA RESIDENTS                                                                     
                                                                                                    
Apr 20        Wednesday                 Senate Finance 532            9:00 AM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 21        Thursday                  Senate Finance 532            9:00 AM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 22        Friday                    Senate Finance 532            9:00 AM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 18        Monday                          Butrovich 205           1:30 PM                     
+ SB 156 LAYOFF/NONRETENTION OF TEACHERS                                                            
+ SB 167 EDU MATERIALS FROM RELIGIOUS INSTITUTION                                                   
+= SB 150 ALASKA CHILDREN'S TRUST FUND GRANTS                                                       
              <Above Bill Hearing Canceled>                                                         
+ HB 128 SCHOOLS PHYSICAL ACTIVITY TASK FORCE                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 20        Wednesday                       Butrovich 205           1:30 PM                     
+ HB 185 POSTSECONDARY STUDENT IMMUNIZATION                                                         
+ SB 162 REPORT STUDENT HEALTH/DISCIPLINE/SAFETY                                                    
+ SB 177 PRACTICE OF PSYCHOLOGY                                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-18                     Senate Journal                      Page 1026
               HEALTH, EDUCATION & SOCIAL SERVICES (continued)                                   
                                                                                                    
Apr 22        Friday                          Butrovich 205           2:30 PM                     
              -- Time Change --                                                                     
+             Confirmation Hearings:                                                                
              University of Alaska Board of Regents                                                 
              Board of Martial & Family Therapy                                                     
              Board of Nursing                                                                      
              Professional Teaching Practices Commission                                            
              Board of Education & Early Development                                                
              Board of Psychologists & Psychological Associate Examiners                            
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 18        Monday                          Butrovich 205           8:30 AM                     
+             Confirmations:                                                                        
              Board of Governors of the Alaska Bar                                                  
              Joseph N. Faulhaber                                                                   
              Chief Administrative Law Judge                                                        
              Terry L. Thurbon                                                                      
+ SB 134 POLICE INVESTIGATION STANDARDS/ARRESTS                                                     
              <Above Bill Hearing Canceled>                                                         
+ SB 154  JUVENILE DELINQUENCY PROCEEDINGS                                                          
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 19        Tuesday                         Butrovich 205           8:30 AM                     
+= SB  20 OFFENSES AGAINST UNBORN CHILDREN                                                          
+= SB 106 SALE OF METHAMPHETAMINE AND PRECURSORS                                                    
+= SB  74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 20        Wednesday                       Butrovich 205           8:30 AM                     
+ SB 125 LICENSING MEDICAL OR CARE FACILITIES                                                       
+ HB 136 DRUNK DRIVING TREATMENT PROGRAM                                                            
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 21        Thursday                        Butrovich 205           8:30 AM                     
+ HB 131 ACCESS DEVICE & I.D. DOCUMENT CRIMES                                                       
+ HB 132 CRIMES AGAINST ELDERLY                                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2005-04-18                     Senate Journal                      Page 1027
                            JUDICIARY (continued)                                                
                                                                                                    
Apr 22        Friday                          Butrovich 205           8:30 AM                     
+ HB  85 PRESCRIBED MEDICATION FOR STUDENTS                                                         
+ HB  88 CRIM LAW:MINORS, SCHOOLS, DRUGS,SENTENCES                                                  
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 19        Tuesday                               Beltz 211         1:30 PM                     
+ SB 168 PROPERTY/CASUALTY INSURANCE REGULATION                                                     
+ SB 169 WORKERS' COMPENSATION RECORDS                                                              
+ SB 165 CARD ROOMS & OPERATIONS                                                                    
              Confirmation Hearings:                                                                
              Board of Veterinary Examiners                                                         
              Timothy L. Bowser, D.V.M. - Soldotna                                                  
              Cynthia Ann Trout, D.V.M. - Anchorage                                                 
              Alfred Agree - Trapper Creek                                                          
              Alaska State Board of Public Accountancy                                              
              Carla J. Bassler - Anchorage                                                          
              Kenneth L. Mayer - Kenai                                                              
              Christy Morse - Anchorage                                                             
              State Board of Registration for                                                       
              Architects, Engineers & Land Surveyors                                                
              Richard C. Heieren - Fairbanks                                                        
              Harley H. Hightower - Anchorage                                                       
              Mark G. Morris - Juneau                                                               
              Board of Barbers and Hairdressers                                                     
              Alice B. Massie - Wasilla                                                             
              Labor Relations Agency                                                                
              Gary A. Atwood - Fairbanks                                                            
              Aaron T. Isaacs, Jr. - Klawock                                                        
              Colleen E. Scanlon - Ketchikan                                                        
              Bills Previously Heard/Scheduled                                                      
              Including But Not Limited to:                                                         
                                                                                                    
Apr 21        Thursday                              Beltz 211         1:30 PM                     
+= SB 168 PROPERTY/CASUALTY INSURANCE REGULATION                                                    
              <Above Bill Hearing Canceled>                                                         
+ HB  35 EXTEND BD ARCHITECTS/ENGINEERS/SURVEYORS                                                   
+ SJR 15 BAN LAWSUITS AGAINST FIREARMS INDUSTRY                                                     
              Bills Previously Heard/Scheduled                                                      
              Including But Not Limited to:                                                         

2005-04-18                     Senate Journal                      Page 1028
                                  RESOURCES                                                      
                                                                                                    
Apr 18        Monday                          Butrovich 205           3:30 PM                     
              Confirmation Hearing:                                                                 
              AOCGG Member - Cathy Forester                                                         
+= SB  96 UNIVERSITY LAND GRANT/STATE FOREST                                                        
              -- Testimony <Invitation Only> --                                                     
+= SB 113 GULF OF ALASKA GROUNDFISH FISHERY                                                         
              -- Testimony <Invitation Only> --                                                     
+ SB 170 BD/DEPT OF FISH & GAME POWERS & DUTIES                                                     
+ HB 197 OIL SPILL EXEMPTIONS FOR GAS WELLS                                                         
                                                                                                    
Apr 20        Wednesday                                  Tba          3:30 PM                     
              Joint w/Legislative Budget & Audit                                                    
              Presentation by Spencer Hosie                                                         
                                                                                                    
Apr 22        Friday                          Butrovich 205           3:30 PM                     
+ HJR  5 NO MILK TAX                                                                                
+ HJR 16 OPPOSE UN LAND DESIGNATIONS IN ALASKA                                                      
+ HB  75 HUNTING, FISHING, TRAPPING                                                                 
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 19        Tuesday                               Beltz 211         3:30 PM                     
+             Confirmation Hearings:                                                                
              State Commission for Human Rights                                                     
              M. Chris Hayes                                                                        
              Barbara J.(Tamie) Miller                                                              
              Randy H. Eledge                                                                       
              Lester C. Lunceford                                                                   
+ SB 172 INITIATIVE/REFERENDUM BALLOT SUMMARY                                                       
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 21        Thursday                              Beltz 211         3:30 PM                     
+ HB 127 PFD:PEACE CORPS/OLYMPIAN/SANCTIONS                                                         
+ HB 214 ANATOMICAL GIFTS & REGISTRY                                                                
+ HB 178 SPECIAL REQUEST LICENSE PLATES                                                             
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2005-04-18                     Senate Journal                      Page 1029
                                TRANSPORTATION                                                   
                                                                                                    
Apr 19        Tuesday                         Butrovich 205           1:30 PM                     
+ SB 174 EXEMPT UHAULS FROM VEHICLE RENTAL TAX                                                      
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 21        Thursday                        Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Apr 20        Wednesday                    Fahrenkamp 203             1:00 PM                     
              Hearing on DEC Proposed Changes to the                                                
              Alaska Food Codes                                                                     
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 20        Wednesday                  House Finance 519            3:30 PM                     
              Committee Meeting                                                                     
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Apr 21        Thursday                   House Finance 519            8:30 AM                     
              Agenda To Be Announced                                                                
                   ----------------------------------------                                        
                                                                                                    
                    VICTIMS' ADVOCATE SELECTION COMMITTEE                                        
                                                                                                    
Apr 21        Thursday                        Butrovich 205           3:00 PM                     
              Joint Victims' Advocate Selection                                                     
              Committee Meeting