Legislature(2003 - 2004)

2003-02-10 Senate Journal

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2003-02-10                     Senate Journal                      Page 0147
                                                                                                    
                                 SENATE JOURNAL                                                  
                                                                                                    
                            ALASKA STATE LEGISLATURE                                             
                                                                                                    
                   TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                                  Monday                        February 10, 2003   
                                                                                                    
                                Twenty-first Day                                                 
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:09 a.m.                                                                            
                                                                                                    
The roll showed seventeen members present. Senator French was                                       
excused from a call of the Senate. Senators Austerman and Lincoln                                   
were absent.                                                                                        
                                                                                                    
The prayer was offered by the Chaplain, Pastor Robert Sherwood of                                   
the Church of the Nazarene. Senator Hoffman moved and asked                                         
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
             Hear these words of General Omar Bradley:                                              
             "In the end, more than they wanted freedom, they                                       
             wanted security. They wanted the comfortable life                                      
             and they lost it all - security, comfort and freedom.                                  
             When the Athenians finally wanted not to give to                                       
             society, but for society to give to them, when the                                     
             freedom they wished for most was freedom from                                          
             responsibility then Athens ceased to be free."                                         
                                                                                                    
             The challenge for today is that we not trade that                                      
             which is lasting for that which is transient. May we                                   
             not embrace process and exclude substance. May we                                      
             not trade the freedom of our children for security and                                 
             material abundance which makes them and us lazy.                                       
             May we not sacrifice justice for appearance, face                                      
             time for genuine compassion, or in our cynicism we                                     
             will go the way of the Athenians - in this life and the                                
             next. God grant these men and women wisdom, grant                                      
             these men and women courage, in Jesus' name.                                           
                                     Amen.                                                         

2003-02-10                     Senate Journal                      Page 0148
Senator Guess led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                 Certification                                                   
                                                                                                    
Senator Stevens moved and asked unanimous consent that the journals                                 
for the eighteenth through twentieth legislative days be approved as                                
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the Governor                                            
                                                                                                    
HCR 4                                                                                             
Message dated February 6 and received February 10 was read, stating                                 
the Governor transmitted the engrossed and enrolled copies of the                                   
following resolution to the Lieutenant Governor's Office for                                        
permanent filing:                                                                                   
                                                                                                    
             HOUSE CONCURRENT RESOLUTION NO. 4(title                                                
             am) Authorizing a recess by the Senate and the                                         
             House of Representatives for a period of more than                                     
             three days, those days being April 18, 19, 20, and 21                                  
             of 2003.                                                                               
                                                                                                    
                           Legislative Resolve No. 1                                               
                                                                                                    
                                                                                                    
                            Messages from the House                                              
                                                                                                    
Message dated February 7 was read, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
                         First Reading and Reference of                                          
                               House Resolutions                                                 
                                                                                                    
HCR 2                                                                                             
CS FOR HOUSE CONCURRENT RESOLUTION NO. 2(MLV) am                                                    
BY THE HOUSE SPECIAL COMMITTEE ON MILITARY AND                                                      
VETERANS' AFFAIRS,                                                                                  
                                                                                                    

2003-02-10                     Senate Journal                      Page 0149
              Relating to the extension of the Alaska Railroad to                                  
             Fort Greely to serve the anti-ballistic missile launch                                
             facility.                                                                              
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Transportation Committees.                                                              
                                                                                                    
                                                                                                    
                                 Communications                                                  
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Public Decisions Issued by the Committee, Volume VII                                                
January 1, 2002 - January 20, 2003                                                                  
from H. Conner Thomas, Chair, Select Committee on Legislative                                       
Ethics                                                                                              
in accordance with AS 24.60.150                                                                     
                                                                                                    
Advisory Opinions Rendered by the Committee, Volume XXIV                                            
January 1, 2002 - January 20, 2003                                                                  
from H. Conner Thomas, Chair, Select Committee on Legislative                                       
Ethics                                                                                              
in accordance with AS 24.60.150                                                                     
                                                                                                    
                                                                                                    
                   Introduction and Reference of Senate Bills                                    
                                                                                                    
SB 65                                                                                             
SENATE BILL NO. 65 BY SENATORS GREEN, Therriault,                                                   
Seekins, Guess, Hoffman, Ellis, entitled:                                                           
                                                                                                    
             "An Act authorizing the Department of Corrections to                                   
             enter into agreements with municipalities for new or                                   
             expanded public correctional facilities in the                                         
                  Fairbanks North Star Borough, the Matanuska-                                     
                Susitna Borough, Bethel, and the Municipality of                                   
             Anchorage."                                                                            
                                                                                                    
                                                                                                    

2003-02-10                     Senate Journal                      Page 0150
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                              Unfinished Business                                                
                                                                                                    
                     Reconsideration of Senate Resolutions                                       
                                                                                                    
SJR 4                                                                                             
Senator Elton requested that the reconsideration on SENATE JOINT                                    
RESOLUTION NO. 4 Urging the United States Congress to pass                                          
legislation to open the coastal plain of the Arctic National Wildlife                               
Refuge, Alaska, to oil and gas exploration, development, and                                        
production, be taken up. The resolution was before the Senate on                                    
reconsideration.                                                                                    
                                                                                                    
Senator Elton moved that the resolution be returned to second reading                               
for the purpose of a specific amendment, that being Amendment No.                                   
1. Without objection, the resolution was returned to second reading.                                
                                                                                                    
Senator Elton offered Amendment No. 1:                                                              
                                                                                                    
             Page 3, following line 11:                                                             
             Insert:  "FURTHER RESOLVED that the Alaska                                           
             State Legislature urges Congress to debate such                                        
             exploration and development in the context of a                                        
             national energy policy that includes measures to                                       
             improve fuel efficiency and energy conservation; and                                   
             be it"                                                                                 
                                                                                                    
Senator Elton moved for the adoption of Amendment No. 1. Senator                                    
Ogan objected.                                                                                      
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-02-10                     Senate Journal                      Page 0151
                                                                                                    
SJR 4                                                                                               
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  6   NAYS:  11   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Guess, Hoffman, Olson                                                   
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B,                                      
Taylor, Therriault, Wagoner, Wilken                                                                 
                                                                                                    
Excused:  French                                                                                    
                                                                                                    
Absent:  Austerman, Lincoln                                                                         
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
The resolution was automatically in third reading on reconsideration.                               
                                                                                                    
The question to be reconsidered: "Shall SENATE JOINT                                                
RESOLUTION NO. 4 Urging the United States Congress to pass                                          
legislation to open the coastal plain of the Arctic National Wildlife                               
Refuge, Alaska, to oil and gas exploration, development, and                                        
production, pass the Senate?" The roll was taken with the following                                 
result:                                                                                             
                                                                                                    
SJR 4                                                                                               
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  16   NAYS:  1   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman,                                  
Ogan, Olson, Seekins, Stevens B, Taylor, Therriault, Wagoner,                                       
Wilken                                                                                              
                                                                                                    
Nays:  Elton                                                                                        
                                                                                                    
Excused:  French                                                                                    
                                                                                                    
Absent:  Austerman, Lincoln                                                                         
                                                                                                    
and so, SENATE JOINT RESOLUTION NO. 4 passed the Senate on                                          
reconsideration and was referred to the Secretary for engrossment.                                  
                                                                                                    
                                                                                                    

2003-02-10                     Senate Journal                      Page 0152
SB 30                                                                                             
Senators Green, Taylor, Ogan, Cowdery, Seekins, Wagoner moved                                       
and asked unanimous consent to be shown as cosponsors on SENATE                                     
BILL NO. 30 "An Act relating to information and services available to                               
pregnant women and other persons; and ensuring informed consent                                     
before an abortion may be performed, except in cases of medical                                     
emergency." Without objection, it was so ordered.                                                   
                                                                                                    
SB 41                                                                                             
Senators Taylor, Dyson, Stevens, Ogan, Cowdery, Seekins, Wagoner                                    
moved and asked unanimous consent to be shown as cosponsors on                                      
SENATE BILL NO. 41 "An Act relating to medical care and crimes                                      
relating to medical care, including medical care and crimes relating to                             
the medical assistance program." Without objection, it was so ordered.                              
                                                                                                    
Senator Ellis moved and asked unanimous consent to be excused from                                  
a call of the Senate on February 12, February 14, and on February 19                                
to morning plane time. Without objection, Senator Ellis was excused.                                
                                                                                                    
Senator Cowdery moved and asked unanimous consent to be excused                                     
from a call of the Senate from February 13, afternoon plane time,                                   
through February 18, plane time, and from March 24 through March                                    
25, plane time. Without objection, Senator Cowdery was excused.                                     
                                                                                                    
Senator Dyson moved and asked unanimous consent to be excused                                       
from a call of the Senate from February 14, afternoon plane time,                                   
through February 18, plane time. Without objection, Senator Dyson                                   
was excused.                                                                                        
                                                                                                    
Senator Stevens moved and asked unanimous consent that the                                          
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                           Special Order of Business                                             
                                                                                                    
Honoring - Women Exemplifying the Spirit of Elizabeth Peratrovich:                                  
Mary Cesar; Esther Clark; Dorothy Thornton; Elizabeth Walters                                       
Representative(s) Kerttula                                                                          
Senator(s) Cowdery, Davis, Elton, Green, Hoffman, Lincoln, Taylor,                                  
Therriault, Wilken, Ellis, Olson, Guess, Ogan                                                       

2003-02-10                     Senate Journal                      Page 0153
Senator Stevens moved and asked unanimous consent that the citation                                 
be adopted. Without objection, the citation was adopted and referred to                             
the Secretary for transmittal.                                                                      
                                                                                                    
                                                                                                    
                                 Announcements                                                   
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                  Engrossment                                                    
                                                                                                    
SJR 4                                                                                             
SENATE JOINT RESOLUTION NO. 4 Urging the United States                                              
Congress to pass legislation to open the coastal plain of the Arctic                                
National Wildlife Refuge, Alaska, to oil and gas exploration,                                       
development, and production, was engrossed, signed by the President                                 
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
                                                                                                    
                                  Adjournment                                                    
                                                                                                    
Senator Stevens moved and asked unanimous consent that the Senate                                   
stand in adjournment until 11:00 a.m., June 12, 2003. Without                                       
objection, the Senate adjourned at 11:36 a.m.                                                       
                                                                                                    
                                                                                       Kirsten Waid 
                                                                         Secretary of the Senate    
                                                                                                    
                                                                                            June 200

2003-02-10                     Senate Journal                      Page 0154
                                 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                                           
                                                                                                    
Feb 10             Monday                                 Fahrenkamp 203                       1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 12             Wednesday                           Senate Finance 532                      8:00
                   -- Time and Location Change --                                                   
+                  Joint w/(H) Community & Regional Affairs                                         
                   Local Boundary Commission Annual Report                                          
                                                                                                    
Feb 12             Wednesday                              Fahrenkamp 203                       1:30
+ SB  51 BONDS OF BOND BANK AUTHORITY                                                               
                                                                                                    
Feb 14             Friday                                 Fahrenkamp 203                       1:30
                   No Meeting Scheduled                                                             
                    ----------------------------------------                                       
                                                                                                    
                                    FINANCE                                                      
                                                                                                    
Feb 11             Tuesday                             Senate Finance 532                      9:00
                   Accountability in Govt: Measuring Results                                        
                   Craig Holt, Government Consultant                                                
                                                                                                    
Feb 11             Tuesday                             House Finance 519                       1:30
                   -- Time and Location Change --                                                   
                   Joint w/(H) Finance                                                              
                   Denali Commission                                                                
                   Jeff Staser, Federal Co-Chairman                                                 
                                                                                                    

2003-02-10                     Senate Journal                      Page 0155
                              FINANCE (continued)                                                
                                                                                                    
Feb 12             Wednesday                           Senate Finance 532                      9:00
                   Presentation:                                                                    
                   Permanent Fund Corp Board of Trustees                                            
                    ----------------------------------------                                       
                                                                                                    
                      HEALTH, EDUCATION & SOCIAL SERVICES                                        
                                                                                                    
Feb 10             Monday                                     Butrovich 205                    1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 12             Wednesday                                  Butrovich 205                    1:30
                   Confirmation Hearing:                                                            
                   Commissioner, Dept of Health and Social                                          
                   Services- Joel Gilbertson                                                        
      SB  25 AHFC LOANS TO EDUCATORS                                                                
                                                                                                    
Feb 19             Wednesday                                  Butrovich 205                    1:30
+                  Joint w/(H) Health, Education and Social                                         
                   Services and (H) Special Committee on                                            
                   Education                                                                        
                   Alaska School District Cost Study                                                
                   Jay Chambers,                                                                    
                   American Institute for Research                                                  
                    ----------------------------------------                                       
                                                                                                    
                                   JUDICIARY                                                     
                                                                                                    
Feb 10             Monday                                     Butrovich 205                    1:30
                   -- Location Change --                                                            
                   Joint w/(H) Judiciary                                                            
                   Confirmation Hearing:                                                            
                   Attorney General- Gregg D. Renkes                                                
                                                                                                    
Feb 12             Wednesday                                          Beltz 211                1:30
                   Overview: Dept of Corrections                                                    
                   Marc Antrim, Commissioner                                                        
                   Portia Parker, Assistant Commissioner                                            
                   Overview: Office of Public Advocacy                                              
                   Brant McGee, Director                                                            
                   Overview: Public Defender Agency                                                 
                   Barbara Brink, Public Defender                                                   

2003-02-10                     Senate Journal                      Page 0156
                             JUDICIARY (continued)                                               
                                                                                                    
Feb 14             Friday                                             Beltz 211                1:30
                   No Meeting Scheduled                                                             
                    ----------------------------------------                                       
                                                                                                    
                                LABOR & COMMERCE                                                 
                                                                                                    
Feb 11             Tuesday                                            Beltz 211                1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 13             Thursday                                           Beltz 211                1:30
= SB  20 EXTEND BOARD OF MARINE PILOTS                                                              
                                                                                                    
Feb 26             Wednesday                           Senate Finance 532                      3:15
                   -- Time and Location Change --                                                   
                   Joint w/(H) Labor and Commerce                                                   
                   Confirmation Hearings:                                                           
                   Regulatory Commission of Alaska-                                                 
                   Dave Harbour                                                                     
                   Mark Johnson                                                                     
                    ----------------------------------------                                       
                                                                                                    
                                   RESOURCES                                                     
                                                                                                    
Feb 10             Monday                                     Butrovich 205                    3:30
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 12             Wednesday                                  Butrovich 205                    3:30
                   Confirmation Hearing:                                                            
                   Commissioner, Dept of Natural Resources-                                         
                   Tom Irwin                                                                        
                   Overview: Dept of Environmental Conservation                                     
                                                                                                    
Feb 14             Friday                                     Butrovich 205                    3:30
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 17             Monday                                     Butrovich 205                    3:30
                   No Meeting Scheduled                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2003-02-10                     Senate Journal                      Page 0157
                             RESOURCES (continued)                                               
                                                                                                    
Feb 19             Wednesday                           Senate Finance 532                      1:00
                   -- Time and Location Change --                                                   
                   Joint w/(H) Resources                                                            
                   Mining Industry Overview                                                         
                                                                                                    
Feb 21             Friday                                     Butrovich 205                    3:30
                   No Meeting Scheduled                                                             
                    ----------------------------------------                                       
                                                                                                    
                                 STATE AFFAIRS                                                   
                                                                                                    
Feb 11             Tuesday                                            Beltz 211                3:30
      SB   9 CLEANUP OF ILLEGAL DRUG SITES                                                          
      SJR  6 CONST AM: 90 DAY LEGISLATIVE SESSION                                                   
      SCR  1 SUPPORT ROADS/HOT SPRINGS LOOP ROAD                                                    
      SJR  5 DESTROY BRADY BILL RECORDS                                                             
                                                                                                    
Feb 13             Thursday                                           Beltz 211                3:30
                   No Meeting Scheduled                                                             
                    ----------------------------------------                                       
                                                                                                    
                                 TRANSPORTATION                                                  
                                                                                                    
Feb 11             Tuesday                                    Butrovich 205                    1:30
+ SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                   
                                                                                                    
Feb 18             Tuesday                                    Butrovich 205                    1:30
      SB  40 CONSTRUCTION OF HIGHWAYS BY DOTPF                                                      
      SB  53 REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT                                                
                    ----------------------------------------                                       
                                                                                                    
                             FINANCE SUBCOMMITTEES                                               
                                                                                                    
                                  FISH & GAME                                                    
                                                                                                    
Feb 11             Tuesday                             Senate Finance 532                      3:30
                   Budget Overview: Dept of Fish and Game                                           
                    ----------------------------------------                                       
                                                                                                    
                                                                                                    

2003-02-10                     Senate Journal                      Page 0158
                       FINANCE SUBCOMMITTEES (continued)                                         
                                                                                                    
                         LABOR & WORKFORCE DEVELOPMENT                                           
                                                                                                    
Feb 13             Thursday                                           Beltz 211                8:00
                   Budget Overview:                                                                 
                   Dept of Labor and Workforce Development                                          
                    ----------------------------------------                                       
                                                                                                    
                               NATURAL RESOURCES                                                 
                                                                                                    
Feb 12             Wednesday                                          Beltz 211                8:00
                   -- Rescheduled to 2/20/03 --                                                     
                   Budget Overview:                                                                 
                   Dept of Natural Resources                                                        
                                                                                                    
Feb 20             Thursday                                           Beltz 211                8:00
                   -- Rescheduled from 2/12/03 --                                                   
+                  Budget Overview:                                                                 
                   Dept of Natural Resources                                                        
                    ----------------------------------------                                       
                                                                                                    
                                 PUBLIC SAFETY                                                   
                                                                                                    
Feb 18             Tuesday                             Senate Finance 532                      4:00
                   Joint w/(H) Public Safety Budget Subcmte                                         
                   Budget Overview: Dept of Public Safety                                           
                    ----------------------------------------                                       
                                                                                                    
                                    REVENUE                                                      
                                                                                                    
Feb 10             Monday                              Senate Finance 532                      3:30
                   -- Rescheduled to 2/19/03 --                                                     
                   Budget Overview: Dept of Revenue                                                 
                                                                                                    
Feb 19             Wednesday                           Senate Finance 532                      4:00
                   -- Rescheduled from 2/10/03 --                                                   
                   Budget Overview: Dept of Revenue                                                 
                    ----------------------------------------                                       
                                                                                                    
                                                                                                    
                                                                                                    

2003-02-10                     Senate Journal                      Page 0159
                                JOINT COMMITTEES                                                 
                                                                                                    
                        ADMINISTRATIVE REGULATION REVIEW                                         
                                                                                                    
Feb 19             Wednesday                              Fahrenkamp 203                       8:30
                   Discussion of Central Panels to create                                           
                   independent hearing office functions                                             
                    ----------------------------------------                                       
                                                                                                    
                           LEGISLATIVE BUDGET & AUDIT                                            
                                                                                                    
Feb 19             Wednesday                           House Finance 519                      12:00
                   Audits and Other Committee Business                                              
                    ----------------------------------------                                       
                                                                                                    
                                 OTHER MEETINGS                                                  
                                                                                                    
                                 JOINT SESSION                                                   
                                                                                                    
Mar 05             Wednesday                               House Chamber                     11:00 
                   State of the Judiciary                                                           
                   Chief Justice Dana Fabe