Legislature(2003 - 2004)

2003-01-31 Senate Journal

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2003-01-31                     Senate Journal                      Page 0085
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                      Friday                 January 31, 2003                       
                                                                                                    
                                 Eleventh Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 10:03 a.m.                                                                            
                                                                                                    
The roll showed fifteen members present. Senators Cowdery, Green,                                   
Wagoner, Wilken were excused. Senator Olson was absent.                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Larry Rorem of the                                   
Shepherd of the Valley Lutheran Church.                                                             
                                                                                                    
Senator Ellis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Stevens moved and asked unanimous consent that the journals                                 
for the ninth and tenth legislative days be approved as certified by the                            
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Annual Report of the Interstate Commission                                                          
from Marc Antrim, Commissioner, Department of Corrections                                           
in accordance with AS 33.36.110                                                                     
                                                                                                    
Report on National Conference of Commissioners on Uniform State                                     
Laws 2002 Meeting                                                                                   
from Deborah E. Behr, Alaska Uniform Law Commissioner                                               

2003-01-31                     Senate Journal                      Page 0086
Annual Report of the Alaska Drinking Water and Clean Water Loan                                     
Funds                                                                                               
from Ernesta Ballard, Commissioner, Department of Environmental                                     
Conservation                                                                                        
in accordance with AS 37.05.035 and AS 46.03.032                                                    
                                                                                                    
Report Listing Alaska Statutes with Delayed Repeals or Delayed                                      
Amendments and Examining Court Decisions of the Attorney General                                    
Construing Alaska Statutes                                                                          
from Lynn M. Barnes, Special Assistant, Division of Legal and                                       
Research Services, Legislative Affairs Agency                                                       
in accordance with AS 24.20.065(b)                                                                  
                                                                                                    
Special Report to the Legislature and Administration, State of Alaska                               
from Patrick K. Gamble, President and CEO, Alaska Railroad                                          
Corporation                                                                                         
                                                                                                    
Local Boundary Commission Report, received January 30                                               
from Kevin Waring, Chair                                                                            
in accordance with AS 44.33.812 and Article X, section 12 of the                                    
Alaska Constitution                                                                                 
                                                                                                    
The Local Boundary Commission recommendations will be published                                     
in House and Senate Joint Journal Supplement No. 2.                                                 
                                                                                                    
President Therriault referred the report to the Community and                                       
Regional Affairs Committee.                                                                         
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated January 30 was read, stating:                                                          
                                                                                                    
In accordance with AS 39.05.080, the Senate Labor and Commerce                                      
Committee reviewed the following and recommends the appointment                                     
be forwarded to a joint session for consideration:                                                  
                                                                                                    
Commissioner, Department of Labor and Workforce                                                   
Development                                                                                       
 Mr. Greg O'Claray                                                                                  

2003-01-31                     Senate Journal                      Page 0087
There were no stated objections to the confirmation of the named                                    
individual by committee members. This does not reflect an intent by                                 
any of the members to vote for or against him during any further                                    
sessions.                                                                                           
                                                                                                    
Signing the report:  Senator Bunde, Chair; Senators Davis, French,                                  
Austerman, Seekins.                                                                                 
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 6                                                                                             
SENATE JOINT RESOLUTION NO. 6 BY SENATOR GUESS,                                                     
                                                                                                    
          Proposing an amendment to the Constitution of the                                         
          State of Alaska relating to the duration of a regular                                     
          session.                                                                                  
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary, and                           
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 49                                                                                             
SENATE BILL NO. 49 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE LEGISLATIVE COUNCIL, entitled:                                                    
                                                                                                    
          "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 first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
SB 50                                                                                             
SENATE BILL NO. 50 BY SENATOR WAGONER, entitled:                                                    
                                                                                                    
          "An Act amending the manner of determining the                                            
          royalty received by the state on gas production as it                                     
          relates to the manufacture of certain value-added                                         
          products."                                                                                

2003-01-31                     Senate Journal                      Page 0088
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 51                                                                                             
SENATE BILL NO. 51 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to revenue bonds issued by the                                           
          Alaska Municipal Bond Bank Authority and the total                                        
          amount of bonds and notes outstanding of that                                             
          authority; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
Governor's transmittal letter dated January 30:                                                     
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to revenue bonds issued by the Alaska                                  
Municipal Bond Bank Authority and the total amount of bonds and                                     
notes outstanding of that authority.                                                                
                                                                                                    
The Alaska Municipal Bond Bank Authority (AMBBA) was created in                                     
1975 to assist Alaskan municipalities issue bonds for local projects.                               
The AMBBA is able to realize savings for municipalities by pooling                                  
bonds in large numbers and obtaining lower interest rates that result in                            
reduced costs for bond issuance, and often better terms overall, that                               
would not be obtainable by municipalities on their own.  The purpose                                
of this bill is to raise the limit on the amount of revenue bonds that the                          
AMBBA may issue in any one fiscal year and to raise the limit on the                                
total outstanding bond debt the AMBBA may carry at any one time.                                    
These limits have not been raised by the legislature since 1983 and                                 
1984, respectively.                                                                                 
                                                                                                    
An increase in the annual bonding cap under AS 44.85.100(b) from                                    
$50,000,000 to $75,000,000, would enable the AMBBA to act on the                                    

2003-01-31                     Senate Journal                      Page 0089
applications it has already received from municipalities this fiscal                                
year. Current fiscal year applications exceed $56,000,000.                                          
                                                                                                    
Further, an increase in the cap on the total outstanding bonds and notes                            
from $300,000,000 to $500,000,000 under AS 44.85.180(c), would                                      
enable AMBBA to issue the bonds and notes already applied for as                                    
well as those that are anticipated, which may exceed $70,000,000.                                   
Reaching the annual fiscal year limit or the outstanding limits would                               
prevent municipalities from proceeding with projects or prevent                                     
municipalities from using the financially more attractive debt terms                                
that could be made available if the bonds are issued by AMBBA.                                      
                                                                                                    
An increase in the amount of the AMBBA's indebtedness limit will                                    
not have a fiscal impact on the state's general fund. Debt of the                                   
AMBBA is not a direct liability of the state. Additionally,                                         
municipalities that use the AMBBA to issue bonds pay all of the debt                                
service on the bonds. And the AMBBA has sufficient reserve capacity                                 
to continue financing capital projects up to the requested $500,000,000                             
cap.                                                                                                
                                                                                                    
Finally, in order to accommodate current fiscal year applications                                   
received by the AMBBA, an immediate effective date is included in                                   
the bill.                                                                                           
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely Yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
SB 52                                                                                             
SENATE BILL NO. 52 BY SENATORS ELLIS, Davis, Elton,                                                 
French, Guess, Hoffman, Lincoln, Olson, entitled:                                                   
                                                                                                    
            "An Act relating to filling a vacancy in the office of                                 
          United States Senator."                                                                   
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         

2003-01-31                     Senate Journal                      Page 0090
SB 53                                                                                             
SENATE BILL NO. 53 BY SENATOR OGAN, entitled:                                                       
                                                                                                    
          "An Act relating to disposition of a traffic offense                                      
          involving the death of a person; providing for the                                        
          revocation of driving privileges by a court for a                                         
          driver convicted of a violation of traffic laws in                                        
          connection with a fatal motor vehicle or commercial                                       
          motor vehicle accident; amending Rules 43 and 43.1,                                       
          Alaska Rules of Administration; and providing for an                                      
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Transportation and Judiciary                            
Committees.                                                                                         
                                                                                                    
SB 54                                                                                             
SENATE BILL NO. 54 BY SENATORS OLSON, Bunde, entitled:                                              
                                                                                                    
          "An Act exempting flight crew members of certain                                          
          air carriers from overtime pay requirements."                                             
                                                                                                    
was read the first time and referred to the Transportation and Labor                                
and Commerce Committees.                                                                            
                                                                                                    
                                                                                                    
The presence of Senator Olson was noted.                                                            
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Commemorating - Dr. Martin Luther King, Jr. Day                                                     
Senator(s) Davis, Austerman, Cowdery, Elton, Green, Lincoln, Taylor,                                
Therriault, Wilken, Dyson, Hoffman, Guess, Ellis, Olson, Stevens,                                   
Ogan, Seekins                                                                                       
                                                                                                    
Commemorating -  Black History Month                                                                
Senator(s) Davis, Austerman, Cowdery, Elton, Lincoln, Taylor,                                       
Therriault, Wilken, Dyson, Hoffman, Guess, Ellis, Olson, Stevens,                                   
Ogan, Bunde, Seekins                                                                                

2003-01-31                     Senate Journal                      Page 0091
                                                                                                    
In Memoriam - Mike O'Neill                                                                          
Representative(s) Samuels                                                                           
Senator(s) Cowdery, Austerman, Davis, Elton, Green, Lincoln, Taylor,                                
Therriault, Wilken, Hoffman, Guess, Olson, Stevens, Ogan, Bunde,                                    
Seekins                                                                                             
                                                                                                    
Senator Stevens moved and asked unanimous consent that the citations                                
be adopted. Without objection, the citations were adopted and referred                              
to the Secretary for transmittal.                                                                   
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Elton moved and asked unanimous consent to be excused                                       
from a call of the Senate on February 14. Without objection, Senator                                
Elton was excused.                                                                                  
                                                                                                    
Senator French moved and asked unanimous consent to be excused                                      
from a call of the Senate on February 3. Without objection, Senator                                 
French was excused.                                                                                 
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                          Engrossment and Enrollment                                             
                                                                                                    
SR 1                                                                                              
SENATE RESOLUTION NO. 1 Establishing a Senate Special                                               
Committee on World Trade and State/Federal Relations, was                                           
engrossed and enrolled, signed by the President and Secretary and the                               
engrossed and enrolled copies transmitted to the Office of the                                      
Governor at 3:40 p.m., January 29, 2003.                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-01-31                     Senate Journal                      Page 0092
                                 Adjournment                                                     
                                                                                                    
Senator Stevens moved and asked unanimous consent that the Senate                                   
stand in adjournment until 11:00 a.m., February 3, 2003. Without                                    
objection, the Senate adjourned at 10:21 a.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                January 2003                        

2003-01-31                     Senate Journal                      Page 0093
                                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                                            
                                                                                                    
Jan 31        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 03        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 05        Wednesday                    Fahrenkamp 203             1:30 PM                     
+             Confirmation Hearing:                                                                 
              Commissioner, Dept of Community &                                                     
              Economic Development-                                                                 
              Edgar Blatchford                                                                      
                                                                                                    
Feb 07        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 31        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 03        Monday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 04        Tuesday                   Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  

2003-01-31                     Senate Journal                      Page 0094
                             FINANCE (continued)                                                 
                                                                                                    
Feb 05        Wednesday                 Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 06        Thursday                  Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 07        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 03        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 05        Wednesday                       Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Jan 31        Friday                             Capitol 122          1:00 PM                     
              -- Meeting Canceled --                                                                
+             Joint w/(H) Judiciary                                                                 
              Confirmation Hearings:                                                                
              Select Committee on Legislative Ethics-                                               
              Dennis "Skip" Cook                                                                    
              Shirley McCoy                                                                         
              Herman G. Walker, Jr.                                                                 
                                                                                                    
Feb 03        Monday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 05        Wednesday                             Beltz 211         1:30 PM                     
              AK Court System Overview:                                                             
              C.S. "Chris" Christensen III,                                                         
              Deputy Administrative Director                                                        
              Doug Wooliver, Administrative Attorney                                                
                                                                                                    
Feb 07        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  

2003-01-31                     Senate Journal                      Page 0095
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 04        Tuesday                               Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 06        Thursday                              Beltz 211         1:30 PM                     
     SB  20 EXTEND BOARD OF MARINE PILOTS                                                           
                                                                                                    
Feb 26        Wednesday                 Senate Finance 532            3:15 PM                     
              -- Time and Location Change --                                                        
              Joint w/(H) Labor and Commerce                                                        
              Confirmation Hearings:                                                                
              Regulatory Commission of Alaska-                                                      
              Dave Harbour                                                                          
              Mark Johnson                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Jan 31        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 03        Monday                          Butrovich 205           3:30 PM                     
              Organizational Meeting                                                                
+ SJR  4 ENDORSING ANWR LEASING                                                                     
                                                                                                    
Feb 05        Wednesday                       Butrovich 205           3:30 PM                     
              Confirmation Hearings:                                                                
              Commissioner, Dept of Environmental                                                   
              Conservation- Ernesta Ballard                                                         
              Commissioner, Dept of Natural Resources-                                              
              Tom Irwin <Confirmation Postponed>                                                    
              Board of Game-                                                                        
              Pete Buist, Michael R. Fleagle, Cliff                                                 
              Judkins, Sharon McLeod-Everette, Ron                                                  
              Somerville, Ted Spraker                                                               
                                                                                                    
Feb 07        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2003-01-31                     Senate Journal                      Page 0096
                                    RULES                                                        
                                                                                                    
Feb 03        Monday                       Fahrenkamp 203             1:00 PM                     
              Organizational Meeting                                                                
              Longevity Pay Increment Policy                                                        
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 04        Tuesday                               Beltz 211         3:30 PM                     
+             Confirmation Hearings:                                                                
              Commissioner, Dept of Corrections-                                                    
              Marc Antrim                                                                           
              Commissioner, Dept of Military and                                                    
              Veterans' Affairs-                                                                    
              Colonel Craig E. Campbell                                                             
                                                                                                    
Feb 06        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Feb 11        Tuesday                         Butrovich 205           1:30 PM                     
     SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                
                                                                                                    
Feb 18        Tuesday                         Butrovich 205           1:30 PM                     
     SB  40 CONSTRUCTION OF HIGHWAYS BY DOTPF                                                       
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Feb 05        Wednesday                             Beltz 211         8:30 AM                     
              Introductory Organizational Meeting                                                   
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Feb 19        Wednesday                  House Finance 519           12:00 PM                     
              Audits and Other Committee Business                                                   

2003-01-31                     Senate Journal                      Page 0097
                                OTHER MEETINGS                                                   
                                                                                                    
                                 FISH CAUCUS                                                     
                                                                                                    
Feb 05        Wednesday                       Butrovich 205          12:00 PM                     
+             Status of AK Commercial Seafood Industry:                                             
              Chris McDowell                                                                        
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Mar 05        Wednesday                    House Chamber            11:00 AM                      
              State of the Judiciary                                                                
              Chief Justice Dana Fabe