Legislature(2005 - 2006)

2005-04-20 Senate Journal

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2005-04-20                     Senate Journal                      Page 1049
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                   Wednesday                    April 20, 2005                      
                                                                                                    
                            One Hundred First Day                                                
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:17 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Guess was absent.                                 
                                                                                                    
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.                                                                                         
                                                                                                    
          Spirit of God breathe on us today. You breathed in                                        
          the past. You breathed and order came into chaos,                                         
          light came into darkness, creative power was                                              
          released.                                                                                 
                                                                                                    
          You breathed and a lifeless lump of clay became a                                         
          living soul. You breathed and the waters of the sea                                       
            were rolled back and a nation's destiny was restored.                                  
                                                                                                    
          You breathed and that which was dead lived again.                                         
          You breathed and a standard was raised up against                                         
          the flood of evil. You breathed and ordinary people                                       
          became the carriers of the life-giving message of                                         
          hope and love.                                                                            
                                                                                                    
           Spirit of God, please breathe on us today.         Amen.                                
                                                                                                    
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    

2005-04-20                     Senate Journal                      Page 1050
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the one hundredth legislative day be approved as certified                              
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
The presence of Senator Guess was noted.                                                            
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
A Declaration of Disaster emergency to cover additional fire                                        
suppression costs for Fiscal Year 2005, dated April 15, 2005, with an                               
accompanying letter was received. The declaration and letter had been                               
copied to the Finance Committee Cochairs.                                                           
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Messages dated April 19 were read, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 9                                                                                             
HOUSE JOINT RESOLUTION NO. 9 am BY REPRESENTATIVES                                                  
LEDOUX, Gara, Gruenberg, Thomas, Guttenberg, Kerttula, Elkins,                                      
                                                                                                    
          Urging the United States Congress to honor the                                            
          process and judgment of the federal courts in the case                                    
          of the Exxon Valdez disaster and to refrain from                                          
          enacting legislation that would affect the outcome of                                     
          the courts' resolution of the case.                                                       
                                                                                                    
was read the first time and referred to the Resources and Judiciary                                 
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-20                     Senate Journal                      Page 1051
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 54                                                                                             
CS FOR HOUSE BILL NO. 54(FIN) BY THE HOUSE FINANCE                                                  
COMMITTEE, entitled:                                                                                
                                                                                                    
      "An Act relating to bail review; relating to petitions for                                    
      review by crime victims where the defendant has                                               
      received a sentence below the sentencing range for the                                        
      crime; relating to the qualifications of certain members                                      
      of the Violent Crimes Compensation Board; relating to                                         
      the introduction of the victim and the defendant or minor                                     
      to the jury; amending Rule 27, Alaska Rules of Criminal                                       
      Procedures, and Rule 21, Alaska Delinquency Rules;                                            
      and providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 182                                                                                            
CS FOR HOUSE BILL NO. 182(FIN)(efd fld) BY THE HOUSE                                                
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
     "An Act amending the Alaska Wage and Hour Act as it                                            
     relates to the employment of a person acting in a supervisory                                  
     capacity or in an administrative, executive, or professional                                   
     capacity; relating to definitions under the Alaska Wage and                                    
     Hour Act and providing definitions for persons employed in                                     
     administrative, executive, and professional capacities, for                                    
     persons working in the capacity of an outside salesman, for                                    
     persons working in the capacity of a salesman employed on                                      
     a straight commission basis, and for persons that perform                                      
     computer-related occupations; directing retrospective                                          
     application of the provisions of this Act to work performed                                    
     before the effective date of this Act for purposes of claims                                   
     filed on or after the effective date of this Act, and                                          
     disallowing retrospective application for purposes of claims                                   
     for that work that are filed before the effective date of this                                 
     Act."                                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      

2005-04-20                     Senate Journal                      Page 1052
HB 183                                                                                            
CS FOR HOUSE BILL NO. 183(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to the use of campaign contributions                                     
          for shared campaign activity expenses and to                                              
          reimbursement of those expenses; and amending the                                         
          definition of 'contribution' in regard to sharing                                         
          fundraising lists between candidates and political                                        
          parties without compensation."                                                            
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated April 19 was read, stating:                                                            
                                                                                                    
In accordance with AS 39.05.080, the State Affairs Committee                                        
reviewed the following and recommends the appointments be                                           
forwarded to a joint session for consideration:                                                     
                                                                                                    
State Commission for Human Rights                                                                 
     M. Chris Hayes                                                                                 
     Barbara J. (Tamie) Miller                                                                      
     Randy H. Eledge                                                                                
     Lester C. Lunceford                                                                            
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individuals by committee members. This does not reflect an intent by                                
any of the members to vote for or against the individuals during any                                
further sessions.                                                                                   
                                                                                                    
Signing the report: Senator Therriault, Chair, Senator Wagoner, Vice                                
Chair; Senators Huggins, Davis.                                                                     
                                                                                                    
Report dated April 19 was read, stating:                                                            
                                                                                                    
                                                                                                    

2005-04-20                     Senate Journal                      Page 1053
In accordance with AS 39.05.080, the Labor and Commerce                                             
Committee reviewed the following recommends the appointments be                                     
forwarded to a joint session for consideration:                                                     
                                                                                                    
Board of Veterinary Examiners                                                                     
     Dr. Timothy L. Bowser - Soldotna                                                               
     Dr. Cynthia Ann Trout - 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, and 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                                                                 
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individuals during any future sessions.                                                 
                                                                                                    
Signing the report: Senator Bunde, Chair, Senator Seekins, Vice Chair;                              
Senators Ben Stevens, Ellis, Davis.                                                                 
                                                                                                    
SB 96                                                                                             
The Resources Committee considered SENATE BILL NO. 96 "An                                           
Act granting certain state land to the University of Alaska and                                     
establishing the university research forest; and providing for an                                   
effective date" and recommended it be replaced with                                                 
                                                                                                    

2005-04-20                     Senate Journal                      Page 1054
          CS FOR SENATE BILL NO. 96(RES) "An Act                                                    
          relating to the grant of certain state land to the                                        
          University of Alaska and establishing the university                                      
          research forest; and providing for an effective date."                                    
                                                                                                    
and further recommended the adoption of the following Letter of                                     
Intent:                                                                                             
                               Letter of Intent                                                    
                                                                                                    
                                 th                                                                 
      It is the intent of the 24 Alaska State Legislature that the                                  
      University of Alaska maintain its role in the state as an                                     
      academically strong and financially secure state university                                   
      system in order to remain a cornerstone of the long-term                                      
      development of a stable population and contribute to a                                        
      healthy, diverse economy in the state.                                                        
                                                                                                    
      The state of Alaska and the University of Alaska have                                         
      identified particular lands to be conveyed to the Board of                                    
                                                                       th                           
      Regents in trust for the University of Alaska.  The 24                                        
      Alaska State Legislature intends that the Board of Regents                                    
      of the University of Alaska receive land in trust for the                                     
      University of Alaska under the provisions in SB 96 in an                                      
      expeditious manner; and encourage the development of in-                                      
      state value-added industries to the extent economically                                       
      feasible and practicable when it develops the land                                            
      conveyed.                                                                                     
                                                                                                    
      The University has agreed that land conveyed at Cold Foot                                     
      Node will not be used for the purposes of establishing                                        
      businesses that would compete with an existing business                                       
      that has entered into a long-term lease with the Department                                   
      of Natural Resources.  It is the intent of the Legislature to                                 
      approve that arrangement between those parties and the                                        
      University.                                                                                   
                                                                                                    
      Further, it is the intent of the Legislature that the University                              
      of Alaska uses the land for development purposes that                                         
      contribute to the economic diversification and vitality of                                    
           Alaska.  The University may not convey the land to a not-                               
      for-profit corporation or to an entity that intends to set the                                
      land aside in trust for conservation purposes or non-                                         
      economically productive uses.                                                                 

2005-04-20                     Senate Journal                      Page 1055
Signing do pass: Senator Wagoner, Chair; Senators Dyson, Seekins,                                   
Ben Stevens. Signing do not pass: Senator Elton. Signing no                                         
recommendation: Senators Guess, Stedman.                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, University of Alaska                                                            
 Fiscal Note No. 2, zero, Department of Fish and Game                                               
 Fiscal Note No. 3, Department of Law                                                               
 Fiscal Note No. 4, Department of Natural Resources                                                 
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 100                                                                                            
Forthcoming Finance Committee Substitute (page 1035) for SENATE                                     
BILL NO. 100 "An Act relating to enhanced 911 surcharges imposed                                    
by a municipality" was received today:                                                              
                                                                                                    
          CS FOR SENATE BILL NO. 100(FIN) "An Act                                                   
          relating to enhanced 911 systems and enhanced 911                                         
          surcharges imposed by a municipality, public                                              
          municipal corporation, or village."                                                       
                                                                                                    
SB 112                                                                                            
The Finance Committee considered SENATE BILL NO. 112 "An Act                                        
imposing a tax on residents of regional educational attendance areas;                               
and providing for an effective date" and recommended it be replaced                                 
with                                                                                                
                                                                                                    
          CS FOR SENATE BILL NO. 112(FIN) "An Act                                                   
          relating to a tax on residents of and individuals                                         
          employed in regional educational attendance areas                                         
          and to permanent fund dividend applications; and                                          
          providing for an effective date."                                                         
                                                                                                    
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde                                   
Dyson. Signing do not pass: Senators Hoffman, Olson. Signing no                                     
recommendation: Senator Stedman.                                                                    
                                                                                                    
Fiscal information forthcoming.                                                                     

2005-04-20                     Senate Journal                      Page 1056
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 147                                                                                            
Updated fiscal information from the Senate Rules Committee for the                                  
Finance Committee Substitute for 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" was published                                  
today:                                                                                              
 Fiscal Note No. 3, Department of Fish and Game                                                     
Fiscal Note No. 3 replaces Fiscal Note No. 2 for calendar purposes.                                 
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 168                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
168 "An Act relating to insurance rate-making and form filing."                                     
Signing do pass: Senator Bunde, Chair; Senators Davis, Ben Stevens.                                 
                                                                                                    
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 Rules Committee.                                                       
                                                                                                    
SB 169                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
169 "An Act relating to release of information in individual workers'                               
compensation records for commercial purposes" and recommended it                                    
be replaced with                                                                                    
                                                                                                    
          CS FOR SENATE BILL NO. 169(L&C) "An Act                                                   
          relating to release of information in individual                                          
          workers' compensation records for commercial                                              
          purposes; and providing for an effective date."                                           
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senators Davis, Ellis, Ben                                   
Stevens.                                                                                            

2005-04-20                     Senate Journal                      Page 1057
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
       Development                                                                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 172                                                                                            
The State Affairs Committee considered SENATE BILL NO. 172 "An                                      
Act relating to the presentation of initiatives and referenda on the                                
ballot." Signing do pass: Senator Therriault, Chair; Senators Wagoner,                              
Huggins, Davis.                                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 174                                                                                            
The Transportation Committee considered SENATE BILL NO. 174                                         
"An Act excluding certain trucks from the definition of 'passenger                                  
vehicle' for purposes of the passenger vehicle rental tax; and providing                            
for an effective date." Signing do pass: Senator Huggins, Chair;                                    
Senators Kookesh, Therriault, Cowdery. Signing no recommendation:                                   
Senator French.                                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 81                                                                                             
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 81(L&C) "An Act establishing an administrative fine and                                    
procedure for construction contractors in certain circumstances;                                    
increasing the amount of a civil penalty for persons acting in the                                  
capacity of contractors or home inspectors; modifying the elements of                               
a crime involving contractor registration and residential contractors;                              
modifying the exemptions from regulation under AS 08.18 for                                         
contractors;  and  exempting  the  administrative hearings for imposing                             
                                                                                                    

2005-04-20                     Senate Journal                      Page 1058
an administrative fine on construction contractors from the hearings                                
conducted by the office of administrative hearings in the Department                                
of Administration" and recommended it be replaced with                                              
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          81(L&C)                                                                                   
                                                                                                    
Signing no recommendation: Senator Bunde, Chair; Senators Davis,                                    
Seekins. Signing do pass: Senators Ellis, Ben Stevens.                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
 Fiscal Note No. 2, zero, Department of Labor and Workforce                                         
       Development                                                                                  
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 9                                                                                             
SENATE CONCURRENT RESOLUTION NO. 9 BY SENATORS                                                      
BEN STEVENS, Elton,                                                                                 
                                                                                                    
              Supporting the development of the Kensington Gold                                    
          Mine.                                                                                     
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 183                                                                                            
SENATE BILL NO. 183 BY SENATOR HUGGINS, entitled:                                                   
                                                                                                    
              "An Act relating to encroachments in the right-of-                                   
          way of a highway."                                                                        
                                                                                                    

2005-04-20                     Senate Journal                      Page 1059
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 139                                                                                            
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" was read the second time.                                          
                                                                                                    
Senator Bunde, Chair, moved and asked unanimous consent for the                                     
adoption of the Labor and Commerce Committee Substitute offered on                                  
page 845. Without objection, CS FOR SENATE BILL NO. 139(L&C)                                        
was adopted.                                                                                        
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
CS FOR SENATE BILL NO. 139(L&C) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 139(L&C)                                          
"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" pass                               
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 139(L&C)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                          
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    

2005-04-20                     Senate Journal                      Page 1060
and so, CS FOR SENATE BILL NO. 139(L&C) passed the Senate.                                          
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
SB 142                                                                                            
SENATE BILL NO. 142 "An Act relating to ownership of land,                                          
buildings, and other structures by regional school boards; and                                      
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Bunde, Chair, moved and asked unanimous consent for the                                     
adoption of the Labor and Commerce Committee Substitute offered on                                  
page 807. Without objection, CS FOR SENATE BILL NO. 142(L&C)                                        
"An Act relating to ownership of land by regional school boards; and                                
providing for an effective date" was adopted.                                                       
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 142(L&C) will                                       
be on the April 21 calendar.                                                                        
                                                                                                    
SB 144                                                                                            
SENATE BILL NO. 144 "An Act relating to regulations, definitions,                                   
and permits under the emission control permit program; and providing                                
for an effective date" was read the second time.                                                    
                                                                                                    
Senator Wagoner, Chair, moved and asked unanimous consent for the                                   
adoption of the Resources Committee Substitute offered on page 656.                                 
Without objection, CS FOR SENATE BILL NO. 144(RES) was                                              
adopted.                                                                                            
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 144(RES) will                                       
be on the April 21 calendar.                                                                        
                                                                                                    
SB 147                                                                                            
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" was read the second time.                                                                 

2005-04-20                     Senate Journal                      Page 1061
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 1036.                                  
Without objection, CS FOR SENATE BILL NO. 147(FIN) was                                              
adopted.                                                                                            
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 147(FIN) will                                       
be on the April 21 calendar.                                                                        
                                                                                                    
SB 154                                                                                            
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" was read the second time.                                      
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 1016.                                
Without objection, CS FOR SENATE BILL NO. 154(JUD) was                                              
adopted.                                                                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
CS FOR SENATE BILL NO. 154(JUD) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 154(JUD)                                          
"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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSSB 154(JUD)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date             Court Rules                                                              
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                          
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   

2005-04-20                     Senate Journal                      Page 1062
                                                                                                    
and so, CS FOR SENATE BILL NO. 154(JUD) passed the Senate.                                          
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the Court                                 
Rule changes. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 103                                                                                            
SENATE BILL NO. 103 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 103 "An Act relating                                     
to regulation of underground injection under the federal Safe Drinking                              
Water Act; and providing for an effective date" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SB 103                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                          
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, SENATE BILL NO. 103 passed the Senate.                                                      
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    

2005-04-20                     Senate Journal                      Page 1063
SB 132                                                                                            
SENATE BILL NO. 132 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 132 "An Act relating                                     
to complaints filed with, investigations, hearings, and orders of, and                              
the interest rate on awards of the State Commission for Human Rights;                               
making conforming amendments; and providing for an effective date"                                  
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
SB 132                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
and so, SENATE BILL NO. 132 passed the Senate.                                                      
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SB 132                                                                                              
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Green, Huggins, Seekins,                                       
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                         
                                                                                                    
and so, the effective date clauses failed.                                                          
                                                                                                    
Senator Guess gave notice of reconsideration on SENATE BILL NO.                                     
132(efd fld) "An Act relating to complaints filed with, investigations,                             
hearings, and orders of, and the interest rate on awards of the State                               
Commission for Human Rights; and making conforming                                                  
amendments."                                                                                        

2005-04-20                     Senate Journal                      Page 1064
SB 158                                                                                            
SENATE BILL NO. 158 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 158 "An Act                                              
prohibiting the imposition of municipal sales and use taxes on state                                
construction contracts and certain subcontracts; and providing for an                               
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SB 158                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Hoffman, Kookesh, Olson                                                                      
                                                                                                    
and so, SENATE BILL NO. 158 passed the Senate.                                                      
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Olson gave notice of reconsideration.                                                       
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Nikiski Bulldogs Girls Basketball Team, 2004-2005                                        
Southcentral Conference Championship                                                                
Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Therriault, Wilken                                                  
Representative(s) Olson, Chenault                                                                   
                                                                                                    
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.                                                          
                                                                                                    

2005-04-20                     Senate Journal                      Page 1065
                             Unfinished Business                                                 
                                                                                                    
Senator Kookesh moved and asked unanimous consent to be excused                                     
from a call of the Senate from afternoon plane time, April 22 to                                    
evening plane time, April 24. Without objection, Senator Kookesh was                                
excused.                                                                                            
                                                                                                    
HJR 9                                                                                             
Senators Elton, Ellis, Kookesh, Wagoner, Dyson, Gary Stevens moved                                  
and asked unanimous consent to be shown as cross sponsors on                                        
HOUSE JOINT RESOLUTION NO. 9 am Urging the United States                                            
Congress to honor the process and judgment of the federal courts in                                 
the case of the Exxon Valdez disaster and to refrain from enacting                                  
legislation that would affect the outcome of the courts' resolution of                              
the case. Without objection, it was so ordered.                                                     
                                                                                                    
SB 147                                                                                            
Senators Wilken, Ben Stevens, Cowdery moved and asked unanimous                                     
consent to be shown as cosponsors on 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." Without                                       
objection, it was so ordered.                                                                       
                                                                                                    
SB 20                                                                                             
President Stevens made the following committee referral change to                                   
SENATE BILL NO. 20 "An Act relating to offenses against unborn                                      
children":                                                                                          
                                                                                                    
The bill was returned to the Judiciary Committee.                                                   
                                                                                                    
SB 16                                                                                             
The reconsideration on 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                                      
construction and maintenance; and repealing a requirement that public                               
facilities comply with energy standards adopted by the Department of                                

2005-04-20                     Senate Journal                      Page 1066
Transportation and Public Facilities; and providing for an effective                                
date" was not taken up this legislative day and the bill was referred to                            
the Secretary for engrossment.                                                                      
                                                                                                    
SJR 14                                                                                            
The reconsideration on 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 not taken up this legislative day and the resolution was                                   
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 16                                                                                             
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 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 engrossed, signed                              
by the President and Secretary and transmitted to the House for                                     
consideration.                                                                                      
                                                                                                    
SB 139                                                                                            
CS FOR SENATE BILL NO. 139(L&C) "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" was engrossed,                                 
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
                                                                                                    

2005-04-20                     Senate Journal                      Page 1067
SB 154                                                                                            
CS FOR SENATE BILL NO. 154(JUD) "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" was                                         
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
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 engrossed, signed by                               
the President and Secretary and transmitted to the House for                                        
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., April 21, 2005. Without                               
objection, the Senate adjourned at 12:23 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2005                       

2005-04-20                     Senate Journal                      Page 1068
                                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 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 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 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                                                      

2005-04-20                     Senate Journal                      Page 1069
               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 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                                                      
                                                                                                    
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                                                      
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-20                     Senate Journal                      Page 1070
                               LABOR & COMMERCE                                                  
                                                                                                    
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:                                                         
+= SB 149 PROTECTION OF PERSONAL INFORMATION                                                        
+= SB 175 DISPENSING OPTICIANS                                                                      
+= SB 138 MOTOR VEHICLE DEALER SALES                                                                
+= SB 165 CARD ROOMS & OPERATIONS                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
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 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                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 21        Thursday                        Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        

2005-04-20                     Senate Journal                      Page 1071
                               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                     
              Joint/(S) Resources                                                                   
              Presentation by Spencer Hosie regarding                                               
              the obligation of oil/gas lessees to                                                  
              develop & market their gas according to                                               
              state terms                                                                           
              -- Testimony <Invitation Only> --                                                     
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Apr 21        Thursday                   House Finance 519            8:30 AM                     
              Ratification of Charitable Event:                                                     
              HealthWorks                                                                           
              IT Subcommittee Work Group Report                                                     
              Approvals:                                                                            
              Lease Renewal                                                                         
              Homeland Security Additional Funding                                                  
              Meeting Place Replacement Server                                                      
              Legislative Council Policy                                                            
              Print Shop Collator/Finisher                                                          
              PERS Update by Joseph Esuchanko                                                       
                   ----------------------------------------                                        
                                                                                                    
                    VICTIMS' ADVOCATE SELECTION COMMITTEE                                        
                                                                                                    
Apr 21        Thursday                        Butrovich 205           3:00 PM                     
              Joint Victims' Advocate Selection Committee Meeting