Legislature(2003 - 2004)
2003-02-12 Senate Journal
Full Journal pdf2003-02-12 Senate Journal Page 0163 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday February 12, 2003 Twenty-third Day Pursuant to adjournment the Senate was called to order by President Therriault at 11:07 a.m. The roll showed eighteen members present. Senator Ellis was excused from a call of the Senate. Senator Austerman resigned effective February 10. 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. Today let us remember Abraham Lincoln's birthday. He wrote this perspective: "Intoxicated with unbroken success, we have become too self-sufficient to feel the necessity of redeeming and preserving grace, too proud to pray to the God who made us." Lincoln knew the first law of recovery: "I am not God" and with the apostle Peter understood "Humble yourself in the eyes of the Lord and He will lift you up." The most worn place in Lincoln's Bible was Psalm 37. The core is verses three through five: "Trust in the Lord, and do good, dwell in the land and feed on His faithfulness. Delight yourself also in the Lord, and He shall give you the desires of your heart. Commit your way to the Lord, trust also in Him and He shall bring it to pass." 2003-02-12 Senate Journal Page 0164 Protect this body and this state in a day when civilians and children are considered a target rich environment. In the words of the writer, be to those gathered: "A shield about them, be their Glory. Be the lifter of their heads." Now to the God who made us, the God of Lincoln and your God. Amen. Amen. Amen. Senator Hoffman led the Senate in the Pledge of Allegiance. Certification Senator Stevens moved and asked unanimous consent that the journals for the twenty-first and twenty-second legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Executive Orders EO 106 EXECUTIVE ORDER NO. 106 Transferring the Alaska Coastal Policy Council and the functions of the office of coastal management to the Department of Natural Resources was read the first time. Senator Elton rose to a point of order regarding the Senate's acceptance of Executive Order No. 106. President Therriault ruled the point out of order, stating the Executive Order was legally accepted. Senator Elton challenged the ruling of the Chair. The question being "Shall the ruling of the Chair be upheld?" The roll was taken with the following result: 2003-02-12 Senate Journal Page 0165 EO 106 Uphold ruling of the Chair? YEAS: 10 NAYS: 7 EXCUSED: 1 ABSENT: 1 VACANT: 1 Yeas: Bunde, Cowdery, Dyson, Green, Seekins, Stevens B, Taylor, Therriault, Wagoner, Wilken Nays: Davis, Elton, French, Guess, Hoffman, Lincoln, Olson Excused: Ellis Absent: Ogan and so, the ruling of the Chair was upheld. The Executive Order was referred to the State Affairs and Resources Committees. Governor's transmittal letter dated February 10: Dear President Therriault: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order transferring the Alaska Coastal Policy Council and the functions of the office of coastal management to the Department of Natural Resources. The Alaska Coastal Policy Council (CPC) develops and oversees the Alaska coastal management program (ACMP). The office of coastal management (office) is the lead agency for coordinating the ACMP and serves as staff to the CPC. The office is currently part of the office of management and budget and is known administratively as the division of governmental coordination. Both the office and the CPC are located in the Office of the Governor. I believe that in the interest of efficient administration, it is appropriate to relocate the CPC and the functions of the office to the Department of Natural Resources. My intent is to establish a project office that will coordinate and streamline the state review of development activities throughout Alaska. The Department of Natural Resources would assume the functions of the office and would act as the designated state agency to receive and administer federal grants for implementing 2003-02-12 Senate Journal Page 0166 the ACMP and rendering, on behalf of the state, all federal consistency determinations and certifications, and multi-agency state consistency determinations. Sincerely, /s/ Frank H. Murkowski Governor EO 107 Senator Elton rose to a point of order regarding the Senate's acceptance of Executive Order No. 107. President Therriault ruled the point out of order, stating the Executive Order was legally accepted. Senator Elton challenged the ruling of the Chair. Senator Taylor called the Senate. The call was satisfied. The question being "Shall the ruling of the Chair be upheld?" The roll was taken with the following result: EO 107 Uphold ruling of the Chair? YEAS: 11 NAYS: 7 EXCUSED: 1 ABSENT: 0 VACANT: 1 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Taylor, Therriault, Wagoner, Wilken Nays: Davis, Elton, French, Guess, Hoffman, Lincoln, Olson Excused: Ellis and so the ruling of the Chair was upheld. EXECUTIVE ORDER NO. 107 Transferring certain functions relating to the protection of fish habitat from the Department of Fish and Game to the Department of Natural Resources was read the first time and referred to the State Affairs and Resources Committees. 2003-02-12 Senate Journal Page 0167 Governor's transmittal letter dated February 10: Dear President Therriault: Under the authority of art. III, sec. 23, of the Alaska Constitution, I am transmitting an Executive Order transferring certain functions relating to the protection of fish habitat from the Department of Fish and Game to the Department of Natural Resources (DNR). Currently, the division of habitat and restoration in the Department of Fish and Game oversees the requirements of AS 16.05.840, relating to maintaining fish passage whenever a stream frequented by fish is obstructed. The same division oversees the permitting function laid out in AS 16.05.870, which ensures the protection of water bodies important for anadromous fish. To better coordinate these complex and important functions with the management of our state's resources, it makes sense to transfer them to the DNR under the supervision of a deputy commissioner of that department. I envision that the expert staff needed to carry out these functions will join the DNR. Because this function now will reside in the DNR, the important consultative role of the Department of Fish and Game under the Forest Resources and Practices Act (AS 41.17) (Act) also must be moved to the DNR; the Executive Order assigns that role to the same DNR deputy commissioner. At the same time, the role currently assigned to the commissioner of natural resources in the Act is transferred to the state forester in the division of forestry, preserving the balance between forest stewardship and stream preservation that the legislature envisioned. These changes will help us achieve efficient, fair, and balanced review of projects that seek to tap our state's natural resources. Sincerely, /s/ Frank H. Murkowski Governor 2003-02-12 Senate Journal Page 0168 Communications The following message dated February 10 was read, stating: Dear President Therriault: The purpose of this letter is to submit my resignation from the Alaska State Senate for District R. This resignation is effective at 10:00 a.m. today. It has been a pleasure working with you these last eight years and I look forward to a good working relationship in the future. Best regards, /s/ Alan Austerman Senator, District R Standing Committee Reports Report dated February 10 was read, stating: In accordance with AS 39.05.080, the Senate Judiciary Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: Attorney General Gregg D. Renkes 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 the individual during any further sessions. Signing the report: Senator Seekins, Chair; Senators Therriault, Ogan. 2003-02-12 Senate Journal Page 0169 SB 9 The State Affairs Committee considered SENATE BILL NO. 9 "An Act relating to the evaluation and cleanup of sites where certain controlled substances may have been manufactured or stored; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 9(STA) Signing do pass: Senator Taylor, Chair; Senators Hoffman, Dyson, Guess. Signing no recommendation: Senator Cowdery. The following fiscal information was published today: Fiscal Note No. 1, Department of Environmental Conservation Fiscal Note No. 2, zero, Department of Public Safety The bill was referred to the Judiciary Committee. SCR 1 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 1 Relating to economic development generated by new road construction and to the design and construction of the Hot Springs Loop Road to connect Chena Hot Springs and Circle Hot Springs, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 1(STA) (forthcoming) Signing do pass: Senator Taylor, Chair; Senators Cowdery, Dyson. Signing no recommendation: Senators Guess, Hoffman. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities The resolution was referred to the Transportation Committee. 2003-02-12 Senate Journal Page 0170 SJR 5 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 5 Urging the President of the United States and the Congress to act to ensure that federal agencies do not retain records relating to lawful purchase or ownership of firearms gathered through the Brady Handgun Bill instant check system, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 5(STA) Signing do pass: Senator Taylor, Chair; Senators Cowdery, Dyson, Guess. Signing no recommendation: Senator Hoffman. The following fiscal information was published today: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Judiciary Committee. Introduction and Reference of Senate Bills SB 66 SENATE BILL NO. 66 BY SENATOR GUESS, entitled: "An Act relating to mining." was read the first time and referred to the Resources and Finance Committees. Senators French, Elton moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. 2003-02-12 Senate Journal Page 0171 Consideration of the Calendar Citations Honoring - Ross Baker, Outstanding Acts of Individual Heroism Representative(s) Harris Senator(s) Therriault, Cowdery, Davis, Elton, Green, Hoffman, Lincoln, Taylor, Wilken, Bunde, Guess, Ogan, Stevens, Seekins In Memoriam - Jeannette Sachs Ballard Senator(s) Taylor, Cowdery, Davis, Elton, Green, Hoffman, Lincoln, Therriault, Wilken, Guess, Ogan, Stevens, Seekins Representative(s) Wilson In Memoriam - Nina von Imhof Senator(s) Bunde, Cowdery, Davis, Elton, Green, Hoffman, Lincoln, Taylor, Therriault, Wilken, Olson, Guess, Ogan, Stevens, Seekins Representative(s) Hawker In Memoriam - Mrs. Elva Ruth Scott Representative(s) Coghill, Morgan Senator(s) Therriault, Lincoln, Bunde, Cowdery, Davis, Elton, Green, Hoffman, Taylor, Wilken, Guess, Ogan, Stevens, Seekins In Memoriam - Mrs. Mabel Olmstead Representative(s) Coghill, Harris Senator(s) Therriault, Cowdery, Davis, Elton, Green, Hoffman, Lincoln, Taylor, Wilken, Guess, Ogan, Stevens, 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 Stevens moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. 2003-02-12 Senate Journal Page 0172 Special Order of Business Honoring - Alaska Heart Institute and Providence Hospital Cardiac Care Unit Senator(s) Ogan, Cowdery, Davis, Elton, Green, Hoffman, Lincoln, Stevens, Taylor, Therriault, Wilken, Guess, French, Dyson, Olson 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. Senator Bunde 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 Bunde was excused. Senator Taylor moved and asked unanimous consent to be excused from the Senate, not subject to a call, on February 14. Without objection, Senator Taylor was excused. Senator Wagoner moved and asked unanimous consent to be excused from a call of the Senate from February 14, evening plane time, through February 18, plane time. Without objection, Senator Wagoner was excused. Senator Seekins moved and asked unanimous consent to be excused from a call of the Senate from February 14, evening plane time, through February 18, morning plane time; from March 20, evening plane time through March 25, morning plane time; and from April 17, evening plane time, through April 22, morning plane time. Without objection, Senator Seekins was excused. Announcements Announcements are at the end of the journal. 2003-02-12 Senate Journal Page 0173 Adjournment Senator Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., June 14, 2003. Without objection, the Senate adjourned at 11:44 a.m. Kirsten Waid Secretary of the Senate June 2003 2003-02-12 Senate Journal Page 0174 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 12 Wednesday Senate Finance 532 8:00 AM -- Time and Location Change -- + Joint w/(H) Community & Regional Affairs Local Boundary Commission Annual Report Feb 12 Wednesday Fahrenkamp 203 1:30 PM + SB 51 BONDS OF BOND BANK AUTHORITY Feb 14 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 12 Wednesday Senate Finance 532 9:00 AM Presentation: Permanent Fund Corp Board of Trustees ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 12 Wednesday Butrovich 205 1:30 PM Confirmation Hearing: Commissioner, Dept of Health and Social Services- Joel Gilbertson SB 25 AHFC LOANS TO EDUCATORS 2003-02-12 Senate Journal Page 0175 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Feb 19 Wednesday Butrovich 205 1:30 PM + 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 12 Wednesday Capitol 120 1:00 PM -- Time and Location Change -- Joint w/(H) Judiciary 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 Feb 14 Friday Beltz 211 1:30 PM No Meeting Scheduled Feb 17 Monday Beltz 211 1:30 PM No Meeting Scheduled Feb 19 Wednesday Beltz 211 1:30 PM + SB 58 PFD INELIGIBILITY/MOTOR VEHICLE INSURANCE + SB 59 PERMANENT FUND INELIGIBILITY FOR DUI Feb 21 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Feb 13 Thursday Beltz 211 1:30 PM += SB 20 EXTEND BOARD OF MARINE PILOTS 2003-02-12 Senate Journal Page 0176 LABOR & COMMERCE (continued) 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 Feb 12 Wednesday Butrovich 205 3:30 PM Confirmation Hearing: Commissioner, Dept of Natural Resources- Tom Irwin Overview: Dept of Environmental Conservation Feb 14 Friday Butrovich 205 3:30 PM No Meeting Scheduled Feb 17 Monday Butrovich 205 3:30 PM No Meeting Scheduled Feb 19 Wednesday Senate Finance 532 1:00 PM -- Time and Location Change -- Joint w/(H) Resources Mining Industry Overview Feb 21 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Feb 13 Thursday Beltz 211 3:30 PM No Meeting Scheduled ---------------------------------------- 2003-02-12 Senate Journal Page 0177 TRANSPORTATION Feb 18 Tuesday Butrovich 205 1:30 PM + SB 40 CONSTRUCTION OF HIGHWAYS BY DOTPF SB 53 REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT SCR 1 SUPPORT ROADS/HOT SPRINGS LOOP ROAD Bills Previously Heard/Scheduled Feb 20 Thursday Butrovich 205 1:30 PM No Meeting Scheduled Feb 25 Tuesday Butrovich 205 1:30 PM += SB 31 RAILROAD UTILITY CORRIDOR TO & IN CANADA Feb 27 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES LABOR & WORKFORCE DEVELOPMENT Feb 13 Thursday Beltz 211 8:00 AM Budget Overview: Dept of Labor and Workforce Development ---------------------------------------- NATURAL RESOURCES Feb 12 Wednesday Beltz 211 8:00 AM -- Rescheduled to 2/20/03 -- Budget Overview: Dept of Natural Resources Feb 20 Thursday Beltz 211 8:00 AM -- Rescheduled from 2/12/03 -- + Budget Overview: Dept of Natural Resources ---------------------------------------- 2003-02-12 Senate Journal Page 0178 FINANCE SUBCOMMITTEES (continued) PUBLIC SAFETY Feb 18 Tuesday Senate Finance 532 4:00 PM Joint w/(H) Public Safety Budget Subcmte Budget Overview: Dept of Public Safety ---------------------------------------- REVENUE Feb 19 Wednesday Senate Finance 532 4:00 PM -- Rescheduled from 2/10/03 -- Budget Overview: Dept of Revenue ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Feb 19 Wednesday Fahrenkamp 203 8:30 AM Discussion of Central Panels to create independent hearing office functions Committee administrative function re: continuous service ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Feb 19 Wednesday House Finance 519 12:00 PM Audits and Other Committee Business ---------------------------------------- OTHER MEETINGS JOINT SESSION Mar 05 Wednesday House Chamber 11:00 AM State of the Judiciary Chief Justice Dana Fabe