Legislature(2005 - 2006)

2005-05-25 Senate Journal

Full Journal pdf

2005-05-25                     Senate Journal                      Page 1739
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                           TWENTY-FOURTH LEGISLATURE                                             
                                                                                                    
                             FIRST SPECIAL SESSION                                               
                                                                                                    
Juneau, Alaska                              Wednesday                               May 25, 2005  
                                                                                                    
                                 Fifteenth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 10:11 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senators Bunde, Davis                                     
were excused from a call of the Senate.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Alan Gordon. Senator                                        
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
             Dear Lord,                                                                             
             You have created everything we are and everything                                      
             we have. You are the Alpha and the Omega and Your                                      
             life-giving force sustains us. Give us perspective on                                  
             our place in creation and remind us we are here to do                                  
             Your will. Remind us of Your golden rule: that we                                      
             may do unto others as we would have others do unto                                     
             us.                                                                       Amen.        
                                                                                                    
Senator Dyson led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                            Messages from the House                                              
                                                                                                    
                                Concur Messages                                                  
                                                                                                    
SB 46                                                                                             
Message dated May 24 was read, stating the House passed and                                         
returned for consideration 2d CS FOR SENATE BILL NO. 46(2d                                          
FIN) am "An Act making appropriations, including capital                                            

2005-05-25                     Senate Journal                      Page 1740
appropriations; making appropriations under art. IX, sec. 17(c),                                    
Constitution of the State of Alaska, from the constitutional budget                                 
reserve fund; and providing for an effective date" with the following                               
amendments:                                                                                         
                                                                                                    
             HOUSE CS FOR 2d CS FOR SENATE BILL NO.                                                 
             46(FIN) am H(brf sup maj pfld H) "An Act making                                        
             and amending appropriations, including capital                                         
             appropriations, supplemental appropriations,                                           
             reappropriations, and appropriations to capitalize                                     
             funds; making appropriations under art. IX, sec.                                       
             17(c), Constitution of the State of Alaska, from the                                   
             constitutional budget reserve fund; and providing for                                  
             an effective date."                                                                    
             (Title change authorized by HCR 101)                                                   
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS 2d CSSB 46(FIN) am H(brf sup maj pfld H)                                                        
Shall the Senate Concur in the House amendments                                                     
to 2d CSSB 46(2d FIN) am?        Effective Dates                                                    
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman,                                         
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  French                                                                                       
                                                                                                    
Excused:  Bunde, Davis                                                                              
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR 2d CS FOR SENATE BILL NO. 46(FIN) am H(brf                                             
sup maj pfld H).                                                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on concurrence be considered the vote on the effective date                                    
clauses. Without objection, it was so ordered.                                                      

2005-05-25                     Senate Journal                      Page 1741
Senator Gary Stevens moved for the adoption of the constitutional                                   
budget reserve fund section.                                                                        
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
section (Article IX, Section 17(c) Constitution of the State of Alaska)                             
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
HCS 2d CSSB 46(FIN) am H(brf sup maj pfld H)                                                        
Constitutional Budget Reserve Fund Section                                                          
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde, Davis                                                                              
                                                                                                    
and so, the constitutional budget reserve fund section was adopted.                                 
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated May 25 was read, stating the House passed and                                         
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                               House Resolutions                                                 
                                                                                                    
HCR 101                                                                                           
HOUSE CONCURRENT RESOLUTION NO. 101 BY THE HOUSE                                                    
FINANCE COMMITTEE,                                                                                  
                                                                                                    
             Suspending Rules 24(c), 35, 41(b), and 42(e),                                          
             Uniform Rules of the Alaska State Legislature,                                         
             concerning Senate Bill No. 46, making                                                  
             appropriations, including capital appropriations; and                                  
             making appropriations under art. IX, sec. 17(c),                                       
             Constitution of the State of Alaska, from the                                          
             constitutional budget reserve fund.                                                    
                                                                                                    
was read the first time.                                                                            

2005-05-25                     Senate Journal                      Page 1742
Senator Gary Stevens moved and asked unanimous consent to take up                                   
HOUSE CONCURRENT RESOLUTION NO. 101. Without                                                        
objection, the resolution was before the Senate on final passage.                                   
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 101 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                 
of the Alaska State Legislature, concerning Senate Bill No. 46, making                              
appropriations, including capital appropriations; and making                                        
appropriations under art. IX, sec. 17(c), Constitution of the State of                              
Alaska, from the constitutional budget reserve fund, pass the Senate?"                              
The roll was taken with the following result:                                                       
                                                                                                    
HCR 101                                                                                             
Final Passage                                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde, Davis                                                                              
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 101 passed the                                              
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    
                                                                                                    
                           Special Committee Reports                                             
                                                                                                    
HB 1                                                                                              
Senator Gary Stevens moved and asked unanimous consent to take up                                   
the Conference Committee Report on CONFERENCE CS FOR                                                
HOUSE BILL NO. 1 "An Act relating to the base student allocation                                    
used in the formula for state funding of public education; and                                      
providing for an effective date" which had been held on the Secretary's                             
desk (page 1730). Without objection, it was so ordered.                                             
                                                                                                    
Senator Gary Stevens moved that the Senate adopt the Conference                                     
Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 1.                                             
                                                                                                    
                                                                                                    

2005-05-25                     Senate Journal                      Page 1743
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 1                                              
"An Act relating to the base student allocation used in the formula for                             
state funding of public education; and providing for an effective                                   
date"?" The roll was taken with the following result:                                               
                                                                                                    
CCS HB 1                                                                                            
Shall the Senate adopt the Conference                                                               
Committee Report?            Effective Date                                                         
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde, Davis                                                                              
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the adoption of the Conference Committee Report be                                          
considered the vote on the effective date clause. Without objection, it                             
was so ordered.                                                                                     
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                                 Announcements                                                   
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SCR 12                                                                                            
SENATE CONCURRENT RESOLUTION NO. 12 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 15, relating to alcoholic                                    
beverages licenses, 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 12:01 p.m., May                                 
25, 2005.                                                                                           

2005-05-25                     Senate Journal                      Page 1744
SCR 16                                                                                            
SENATE CONCURRENT RESOLUTION NO. 16 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 286, amending the manner of                                  
determining the royalty received by the state on gas production by                                  
directing the commissioner of natural resources to accept, under                                    
certain circumstances, the transfer price of the gas if established by                              
transfer price order of the Regulatory Commission of Alaska, 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 12:01 p.m., May 25, 2005.                                                        
                                                                                                    
SCR 17                                                                                            
SENATE CONCURRENT RESOLUTION NO. 17 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 53, relating to children in need                             
of aid and related matters, 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 12:01 p.m., May                                 
25, 2005.                                                                                           
                                                                                                    
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 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 12:02 p.m., May 25, 2005.                                                               
                                                                                                    
SB 142                                                                                            
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 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 12:02 p.m., May 25, 2005.                              
                                                                                                    

2005-05-25                     Senate Journal                      Page 1745
SB 144                                                                                            
CS FOR SENATE BILL NO. 144(RES) "An Act relating to                                                 
regulations, definitions, and permits under the emission control permit                             
program; 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 12:02 p.m., May 25, 2005.                                                               
                                                                                                    
SB 150                                                                                            
CS FOR SENATE BILL NO. 150(HES) "An Act relating to the                                             
Alaska children's trust grant awards" 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 12:02                              
p.m., May 25, 2005.                                                                                 
                                                                                                    
                                                                                                    
                          Engrossment and Enrollment                                             
                                                                                                    
SR 4                                                                                              
SENATE RESOLUTION NO. 4 Relating to the plans of the United                                         
States Postal Service to discontinue air shipment of bypass mail                                    
between Fairbanks, Alaska, and Barrow, Alaska, was engrossed and                                    
enrolled, signed by the President and Secretary and the engrossed and                               
enrolled copies transmitted to the Office of the Governor at 12:01                                  
p.m., May 25, 2005.                                                                                 
                                                                                                    
                                                                                                    
                                  Adjournment                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
First Special Session of the Twenty-Fourth Alaska Senate stand in                                   
adjournment sine die. Without objection, the Senate adjourned at                                    
10:38 a.m.                                                                                          
                                                                                                    
                                                                                      Kirsten Waid  
                                                                       Secretary of the Senate      
                                                                                                    
                                                                                          May 2005  

2005-05-25                     Senate Journal                      Page 1746
                                 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                                                         
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Jun 09             Thursday                           Anch Lio Conf Rm                     10:00 AM
+                  Joint w/(H) Transportation                                                       
                   Force Account Projects Briefing -                                                
                   Pat Davidson, Leg.Auditor                                                        
                   Privatization of Transportation Services                                         
                   British Columbia                                                                 
                   Public Testimony - General Contractors,                                          
                   Builders and Others                                                              
                   Force Account Projects Presentation -                                            
                   DOT/PF                                                                           
                   ----------------------------------------