Legislature(2005 - 2006)
2005-04-27 Senate Journal
Full Journal pdf2005-04-27 Senate Journal Page 1159 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Wednesday April 27, 2005 One Hundred Eighth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:18 a.m. The roll showed nineteen members present. Senator Bunde was excused from a call of the Senate. The prayer was offered by the Chaplain, Major Larry Fankhauser of The Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God: I want to thank You today for the beautiful weather You have provided, for the privilege of serving, and most of all, for the assurance that You are there to give wisdom, understanding and direction as each of us looks to You. For each senator, their families and those of the districts they serve, may Your blessings flow upon them this day. In Jesus' precious name I pray, Amen. Senator Guess led the Senate in the Pledge of Allegiance. 2005-04-27 Senate Journal Page 1160 Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the one hundred seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Communications The following report is on file in the Office of the Secretary of the Senate: Statewide Suicide Prevention Council 2005 Annual Report to the Legislature from Tracy Barbee, Chair in accordance with AS 44.29.360 Standing Committee Reports SB 20 The Judiciary Committee considered SENATE BILL NO. 20 "An Act relating to offenses against unborn children" and recommended it be replaced with CS FOR SENATE BILL NO. 20(2d JUD) Signing do pass: Senator Seekins, Chair; Senators Therriault, Huggins. Signing amend: Senators French, Guess. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, indeterminate, Department of Administration Fiscal Note No. 3, zero, Department of Corrections President Stevens added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. 2005-04-27 Senate Journal Page 1161 SB 124 The Finance Committee considered SENATE BILL NO. 124 "An Act relating to requirements to obtain and maintain a fisheries business license; relating to security required of fish processors and primary fish buyers; and providing for an effective date" and recommended the adoption of the Labor and Commerce Committee Substitute offered on page 621. Signing do pass: Senator Green, Cochair; Senators Dyson, Stedman. Signing no recommendation: Senator Wilken, Cochair; Senator Olson. The following fiscal information was published today: Fiscal Note No. 6, Department of Revenue The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development Fiscal Note No. 3, zero, Department of Fish and Game Fiscal Note No. 4, zero, Department of Labor and Workforce Development Fiscal Note No. 5, zero, Department of Labor and Workforce Development The bill was referred to the Rules Committee. SB 182 The State Affairs Committee considered SENATE BILL NO. 182 "An Act authorizing the Department of Military and Veterans' Affairs to establish and maintain Alaskan veterans' cemeteries; and establishing the Alaska veterans' cemetery fund in the general fund." Signing do pass: Senator Therriault, Chair; Senators Wagoner, Huggins. Signing no recommendation: Senators Elton, Davis. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Military and Veterans Affairs The bill was referred to the Finance Committee. 2005-04-27 Senate Journal Page 1162 HB 76 The Finance Committee considered CS FOR HOUSE BILL NO. 76(FIN) am "An Act relating to the Big Game Commercial Services Board and to the regulation of big game hunting services and transportation services; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) Signing do pass: Senators Wilken, Green, Cochairs; Senators Olson, Dyson. Signing no recommendation: Senators Hoffman, Stedman. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Fish and Game Fiscal Note No. 2, zero, Department of Public Safety Fiscal Note No. 4, zero, Department of Natural Resources Fiscal Note No. 5, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 102 The Finance Committee considered HOUSE BILL NO. 102 am "An Act relating to the licensure of foreign medical graduates and to applications for a license to practice medicine; and providing for an effective date." Signing do pass: Senators Wilken, Green, Cochairs; Senators Hoffman, Olson, Dyson, Stedman. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Commerce, Community and Economic Development The bill was referred to the Rules Committee. HB 116 The Judiciary Committee considered CS FOR HOUSE BILL NO. 116(JUD) "An Act relating to the liability of certain persons for certain violations of alcoholic beverages laws" and recommended it be replaced with 2005-04-27 Senate Journal Page 1163 SENATE CS FOR CS FOR HOUSE BILL NO. 116(JUD) "An Act relating to the liability of certain persons for certain violations of alcoholic beverages laws; and providing for an effective date." (technical title change) Signing do pass: Senator Seekins, Chair; Senators Guess, Therriault, Huggins. Signing no recommendation: Senator French. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety The bill was referred to the Rules Committee. HB 183 The State Affairs Committee considered CS FOR HOUSE BILL NO. 183(JUD) am "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" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 183(STA) Signing do pass: Senator Wagoner, Vice Chair; Senators Elton, Huggins, Davis. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the Judiciary Committee. HB 210 The State Affairs Committee considered CS FOR HOUSE BILL NO. 210(JUD) "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." Signing amend: Senator Therriault, Chair; Senators Elton, Wagoner, Huggins, Davis. 2005-04-27 Senate Journal Page 1164 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System Fiscal Note No. 2, zero, Department of Corrections Fiscal Note No. 3, zero, Department of Law Fiscal Note No. 4, zero, Department of Public Safety The bill was referred to the Judiciary Committee. Introduction and Reference of Senate Resolutions SCR 11 SENATE CONCURRENT RESOLUTION NO. 11 BY THE SENATE RESOURCES COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 75, relating to the powers and duties of the commissioner of fish and game, Board of Fisheries, and Board of Game in promoting and preserving fishing, hunting, and trapping. was read the first time and held on the Secretary's desk. Introduction and Reference of Senate Bills SB 189 SENATE BILL NO. 189 BY SENATORS HUGGINS, Therriault, entitled: "An Act relating to issuance of identification cards and to issuance of driver's licenses." was read the first time and referred to the State Affairs and Judiciary Committees. 2005-04-27 Senate Journal Page 1165 Consideration of the Calendar Second Reading of Senate Bills SB 101 SENATE BILL NO. 101 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; 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 1122. Without objection, CS FOR SENATE BILL NO. 101(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. 101(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 101(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 101(JUD) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Green Excused: Bunde and so, CS FOR SENATE BILL NO. 101(JUD) passed the Senate. 2005-04-27 Senate Journal Page 1166 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 133 SENATE BILL NO. 133 "An Act establishing the Aviation Advisory Board; and providing for an effective date" was read the second time. 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. SENATE BILL NO. 133 was read the third time. The question being: "Shall SENATE BILL NO. 133 "An Act establishing the Aviation Advisory Board; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 133 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde and so, SENATE BILL NO. 133 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. 2005-04-27 Senate Journal Page 1167 SB 174 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" was read the second time. President Stevens stated SENATE BILL NO. 174 will be on the April 28 calendar. Third Reading of Senate Bills SB 110 CS FOR SENATE BILL NO. 110(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 110(FIN) "An Act relating to regulation of the discharge of pollutants under the National Pollutant Discharge Elimination System; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 110(FIN) Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Cowdery, Dyson, Green, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Olson Excused: Bunde and so, CS FOR SENATE BILL NO. 110(FIN) passed the Senate. Senator Gary Stevens moved for the adoption of the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: 2005-04-27 Senate Journal Page 1168 CSSB 110(FIN) Effective Date Clause YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Cowdery, Dyson, Green, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Olson Excused: Bunde and so, the effective date clause failed. Senator Olson gave notice of reconsideration on CS FOR SENATE BILL NO. 110(FIN)(efd fld) "An Act relating to regulation of the discharge of pollutants under the National Pollutant Discharge Elimination System." Citations Honoring - Ruth Bauer Bohms Representative(s) Guttenberg Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Stedman, Gary Stevens, Therriault, Wagoner, Wilken 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. Unfinished Business Senator Davis moved and asked unanimous consent to be excused from a call of the Senate on April 29 and to evening plane time on May 1. Without objection, Senator Davis was excused. 2005-04-27 Senate Journal Page 1169 Announcements Announcements are at the end of the journal. Rule 23(d) of the Alaska State Legislature Uniform Rules is currently in effect. Engrossment SB 101 CS FOR SENATE BILL NO. 101(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Enrollment SB 105 CS FOR SENATE BILL NO. 105(L&C) "An Act relating to the retrospective application and applicability of the overtime compensation exemption for flight crew members; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:40 p.m., April 27, 2005. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 28, 2005. Without objection, the Senate adjourned at 11:50 a.m. Kirsten Waid Secretary of the Senate April 2005 2005-04-27 Senate Journal Page 1170 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 27 Wednesday Beltz 211 1:30 PM + HB 27 MUNI PROP TAX EXEMPTION FOR POLICE HOMES + HB 121 ROAD SERVICE AREAS: SECOND CLASS BOROUGHS + SB 188 BULK FUEL REVOLVING LOAN FUND CAP Bills Previously Heard/Scheduled Apr 29 Friday Beltz 211 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Apr 27 Wednesday Senate Finance 532 9:00 AM + HB 76 BIG GAME SERVICES & COMM. SERVICES BD + SB 113 GULF OF ALASKA GROUNDFISH FISHERY -- Testimony <Invitation Only> -- + HB 102 MEDICAL LICENSE: APPLICATION/FOREIGN GRAD + SB 124 FISHERIES BUSINESS LICENSE; BOND + SB 153 INTERNATIONAL AIRPORTS REVENUE BONDS + Bills Previously Heard/Scheduled 2005-04-27 Senate Journal Page 1171 FINANCE (continued) Apr 28 Thursday Senate Finance 532 9:00 AM + HB 130 UNIVERSITY LAND GRANT/STATE FOREST -- Testimony <Invitation Only> -- += SB 153 INTERNATIONAL AIRPORTS REVENUE BONDS + HB 15 LIQUOR LICENSES: OUTDOOR REC. LODGE/BARS + HB 19 PESTICIDE & BROADCAST CHEMICALS + HB 97 OATHS; NOTARIES PUBLIC; STATE SEAL + SB 20 OFFENSES AGAINST UNBORN CHILDREN + SB 164 SALMON PRODUCT DEVELOPMENT TAX CREDIT + SB 175 DISPENSING OPTICIANS + Bills Previously Heard/Scheduled Apr 29 Friday Senate Finance 532 9:00 AM + HB 182 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES/DP + HB 119 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 27 Wednesday Butrovich 205 1:30 PM + HB 225 MEDICAL EXAMINERS & AUTOPSIES += HB 120 HEALTH CARE EMPLOYEE PROTECTION + Confirmation Hearings: Board of Dental Examiners Board of Pharmacy State Physical Therapy and Occupational Therapy Board Alaska Mental Health Trust Authority Board of Trustees Professional Counselors University of Alaska Board of Regents + Bills Previously Heard/Scheduled 2005-04-27 Senate Journal Page 1172 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Apr 29 Friday Butrovich 205 1:30 PM + HB 214 ANATOMICAL GIFTS & REGISTRY + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 27 Wednesday Butrovich 205 8:30 AM + SB 127 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS <Pending Referral> + SB 186 EXECUTIVE BRANCH ETHICS <Pending Referral> + SB 187 LEGISLATIVE ETHICS/MEETINGS <Pending Referral> + Bills Previously Heard/Scheduled Apr 28 Thursday Butrovich 205 8:30 AM + SB 106 SALE OF METHAMPHETAMINE AND PRECURSORS + HB 149 CONTROLLED SUBSTANCES + HB 184 MUNICIPAL FIREARM ORDINANCES += HB 81 CONTRACTOR LICENSE ENFORCEMENT += HB 54 BAIL REVIEW + SB 149 PROTECTION OF PERSONAL INFORMATION <SB 149 Bill Hearing Canceled> + Bills Previously Heard/Scheduled += SB 127 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS <Pending Referral> += SB 186 EXECUTIVE BRANCH ETHICS <Pending Referral> += SB 187 LEGISLATIVE ETHICS/MEETINGS <Pending Referral> Apr 29 Friday Butrovich 205 8:30 AM Bills Previously Heard/Scheduled ---------------------------------------- 2005-04-27 Senate Journal Page 1173 LABOR & COMMERCE Apr 28 Thursday Beltz 211 1:30 PM += HB 211 DENTISTS; HYGIENISTS; BD OF DENTAL EXAM. += SB 173 NEWSPAPER PROPERTY SALES NOTICES + HB 216 INSURANCE RATES,FORMS,& FILING <Pending Referral> + Confirmation Hearing Alcohol Beverage Control Board Michael Gordon - Anchorage William Tull - Palmer Board of Marine Pilots Dale Collins - Ketchikan Real Estate Commission Gene DuVal - Fairbanks Roger Stone - Ketchikan + Bills Previously Heard/Scheduled Including But Not Limited to: += HB 61 GAMING: CALCUTTA POOLS & CRANE CLASSICS ---------------------------------------- RESOURCES Apr 27 Wednesday Butrovich 205 3:30 PM + Confirmation Hearing: Board of Fisheries: Rupert Andrews, John Jensen, Melvan Morris Board of Game: Carl Morgan, Ron Somerville, Ted Spraker ACFEC: Peter Froehlich + HB 71 OIL& GAS EXPLORATION CREDIT <Pending Referral> + HCR 7 COOK INLET OIL & GAS PLATFORM ABANDONMENT + Bills Previously Heard/Scheduled Apr 27 Wednesday Senate Finance 532 6:00 PM + Joint w/(H) Resources Work Session - Updates on the Stranded Gas Contract Submittals Apr 29 Friday Butrovich 205 3:30 PM + SCR 8 COOK INLET GAS GATHERING SYSTEM COMPLAINT + SCR 9 SUPPORTING KENSINGTON GOLD MINE + Bills Previously Heard/Scheduled 2005-04-27 Senate Journal Page 1174 STATE AFFAIRS Apr 28 Thursday Beltz 211 3:30 PM Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 28 Thursday Butrovich 205 1:30 PM + SB 183 OUTDOOR ADVERTISING; ENCROACHMENTS Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 66 & HB 67 Apr 27 Wednesday Senate Finance 532 12:30 PM HB 66 APPROP: MENTAL HEALTH BUDGET HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF Organizational Meeting/Request for Limited Powers Apr 28 Thursday Senate Finance 532 12:45 PM = HB 66 APPROP: MENTAL HEALTH BUDGET = HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF The Committee will take up the following departments: Governor Court System Legislature Administration Commerce Education Environmental Conservation ---------------------------------------- 2005-04-27 Senate Journal Page 1175 LEGISLATIVE COUNCIL Apr 28 Thursday Senate Finance 532 8:00 AM Approvals: Travel/Per Diem Policy Actuarial Service Company, P.C. Contract Amendment Other Business May 06 Friday Senate Finance 532 5:00 PM Agenda TBA ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS May 02 Monday Fahrenkamp 203 12:00 PM "Cover the Uninsured Week 2005" A healthy lunch will be served. ---------------------------------------- JOINT SESSION May 05 Thursday House Chamber 11:00 AM Governor's Appointees