Legislature(2003 - 2004)

2003-03-07 Senate Journal

Full Journal pdf

2003-03-07                     Senate Journal                      Page 0429
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                      Friday                    March 7, 2003                       
                                                                                                    
                               Forty-sixth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 10:08 a.m.                                                                            
                                                                                                    
The roll showed fifteen members present. Senators Davis, Guess,                                     
Hoffman, Olson were excused from a call of the Senate. Senator                                      
Taylor was absent.                                                                                  
                                                                                                    
The prayer was offered by the Chaplain, Reverend C. Ronald Covey                                    
of the Douglas Community United Methodist Church. Senator Elton                                     
moved and asked unanimous consent that the prayer be spread.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
       Mr. President, Honorable Senators, members of the staff,                                     
       distinguished guests and visitors, let us take this moment                                   
       for prayer and reflection.                                                                   
                                                                                                    
       O Living Spirit, Your presence is very real, for You fill                                    
       every fiber of our being. Our hearts and minds bear faint                                    
       reflections of Your love and wisdom. We need not search                                      
       for You, for You are here. Today, we would ask of You a                                      
       vision: a vision that is good and noble, a vision that sees                                  
       what can be done for our great land instead of what                                          
       cannot, a vision that captures the wisdom of the elders                                      
       and the spirit of the pioneers who found that cooperation                                    
       is better than opposition and working together more                                          
       productive than working alone. Give us a big vision,                                         
       Creator, for this is a big land with big possibilities. Then,                                
       with the vision before us, be our guiding Spirit and grant                                   
       us the strength and resolve of heart and mind and soul                                       
       and body to turn that vision into reality.                 Amen.                            
                                                                                                    

2003-03-07                     Senate Journal                      Page 0430
Senator Cowdery led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the forty-fifth legislative day and Senate and House Joint                              
Journal Supplement No. 5 be approved as certified by the Secretary.                                 
Without objection, it was so ordered.                                                               
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 43                                                                                             
The Finance Committee considered SENATE BILL NO. 43 "An Act                                         
extending the termination date of the State Medical Board" and                                      
recommended it be replaced with                                                                     
                                                                                                    
           CS FOR SENATE BILL NO. 43(FIN)                                                           
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Taylor,                                 
Olson, Ben Stevens, Bunde.                                                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Community and Economic                                            
 Development                                                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 125                                                                                            
SENATE BILL NO. 125 BY SENATOR COWDERY, entitled:                                                   
                                                                                                    
          "An Act relating to protests of state contract awards,                                    
          to claims on state contracts and to hearings under the                                    
          State Procurement Code; making conforming                                                 
          amendments in the State Procurement Code; and                                             
          providing for an effective date."                                                         

2003-03-07                     Senate Journal                      Page 0431
was read the first time and referred to the Transportation and State                                
Affairs Committees.                                                                                 
                                                                                                    
The presence of Senator Taylor was noted.                                                           
                                                                                                    
SB 126                                                                                            
SENATE BILL NO. 126 BY SENATORS ELLIS, French, Davis,                                               
Guess, Elton, Lincoln, entitled:                                                                    
                                                                                                    
             "An Act requiring that the cost of contraceptives be                                  
          included in certain health care insurance coverage."                                      
                                                                                                    
was read the first time and referred to the State Affairs and Health,                               
Education and Social Services Committees.                                                           
                                                                                                    
SB 127                                                                                            
SENATE BILL NO. 127 BY SENATOR OGAN, entitled:                                                      
                                                                                                    
              "An Act authorizing priority treatment of certain                                    
          permit applications."                                                                     
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 74                                                                                             
SENATE BILL NO. 74 "An Act extending the renewal period for oil                                     
discharge prevention and contingency plans; and providing for an                                    
effective date" was read the second time.                                                           
                                                                                                    
Senator Ogan, Chair, moved and asked unanimous consent for the                                      
adoption of the Resources Committee Substitute offered on page 381.                                 
Senator Ellis objected, then withdrew his objection. There being no                                 
further objections, CS FOR SENATE BILL NO. 74(RES) was                                              
adopted.                                                                                            
                                                                                                    

2003-03-07                     Senate Journal                      Page 0432
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected. Senator Ben Stevens moved and asked                                
unanimous consent to be allowed to withdraw his motion. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 74(RES) will                                     
be on the March 10 calendar.                                                                        
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Ketchikan High School, Host of the State Wrestling                                       
Championships                                                                                       
Representative(s) Williams                                                                          
Senator(s) Taylor, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens,                                 
Wilken                                                                                              
                                                                                                    
In Memoriam - Agnes Elizabeth Hoffman Charles                                                       
Senator(s) Hoffman, Ellis, Therriault, Bunde, Cowdery, Davis, Dyson,                                
Elton, Green, Guess, Lincoln, Seekins, Ben Stevens, Gary Stevens,                                   
Taylor, Wilken                                                                                      
Representative(s) Kapsner                                                                           
                                                                                                    
In Memoriam - Ole Haynes                                                                            
Representative(s) Williams                                                                          
Senator(s) Taylor, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens,                                 
Wilken                                                                                              
                                                                                                    
Senator Ben 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 Ellis moved and asked unanimous consent to be excused from                                  
a call of the Senate on March 10, through plane time. Without                                       
objection, Senator Ellis was excused.                                                               

2003-03-07                     Senate Journal                      Page 0433
Senator Cowdery moved and asked unanimous consent to be excused                                     
from a call of the Senate on March 20, through plane time. Without                                  
objection, Senator Cowdery was excused.                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
President Therriault be excused from a call of the Senate on March 10,                              
through plane time. Without objection, President Therriault was                                     
excused.                                                                                            
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
Senator Dyson moved and asked unanimous consent to return to                                        
introduction of guests. Without objection, the Senate returned to                                   
                                                                                                    
                            Introduction of Guests                                               
                                                                                                    
Senator Dyson introduced the following members of a delegation from                                 
British Columbia, Canada: The Honorable Greg Halsey-Brandt,                                         
Minister of State for Intergovernmental Relations; C.C. "Bud"                                       
Graham, Acting Deputy Minister for Agriculture, Food and Fisheries;                                 
Keith Ogilvie, Senior Advisor to Minister Halsey-Brandt on                                          
International Relations; and Jeff Hansen, Executive Assistant to                                    
Minister Halsey-Brandt.                                                                             
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., March 10, 2003.                                       
Without objection, the Senate adjourned at 11:00 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2003                         

2003-03-07                     Senate Journal                      Page 0434
                                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                                            
                                                                                                    
Mar 07        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 10        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 12        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 14        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 07        Friday                    Senate Finance 532            9:00 AM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 10        Monday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 11        Tuesday                   Senate Finance 532            9:00 AM                     
     SB  71 TRANSPORTATION ENHANCEMENT PROJECTS                                                     
= SB  25 AHFC LOANS TO EDUCATORS                                                                    
= HB 101 APPROP: GRANT TO ARCTIC POWER FOR ANWR                                                     
     HB 100 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                 
              <Pending Referral>                                                                    
              Bills Previously Heard/Scheduled                                                      

2003-03-07                     Senate Journal                      Page 0435
                             FINANCE (continued)                                                 
                                                                                                    
Mar 12        Wednesday                 Senate Finance 532            9:00 AM                     
              AK Travel Industry Assoc. Presentation                                                
= HB 101 APPROP: GRANT TO ARCTIC POWER FOR ANWR                                                     
= HB 100 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
              <Pending Referral>                                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 13        Thursday                  Senate Finance 532            9:00 AM                     
     SB  79 EXTEND ALASKA MINERALS COMMISSION                                                       
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 14        Friday                    Senate Finance 532            9:00 AM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 10        Monday                          Butrovich 205           1:30 PM                     
+ HCR  8 INHALANTS AND POISONS AWARENESS WEEK                                                       
              <Pending Referral>                                                                    
+ SB 124 ALCOHOLISM AND DRUG ABUSE GRANTS                                                           
+ SB 123 ELIMINATE REVIEW OF ADOPTION SUBSIDIES                                                     
              Bills Previously Heard/Scheduled                                                      
+= SB  55 TAMPERING WITH PUBLIC RECORDS                                                             
+= SB   8 TAMPERING WITH PUBLIC RECORDS                                                             
                                                                                                    
Mar 12        Wednesday                       Butrovich 205           1:30 PM                     
+             Overview: Reorganization and Improvements                                             
              Dept of Health and Social Services                                                    
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Mar 07        Friday                             Capitol 120          1:00 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 10        Monday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    

2003-03-07                     Senate Journal                      Page 0436
                            JUDICIARY (continued)                                                
                                                                                                    
Mar 12        Wednesday                             Beltz 211         1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
+ SB  45 LB&A CRIMES AND COOPERATION                                                                
+ SJR  5 DESTROY BRADY BILL RECORDS                                                                 
+ SJR  8 DIVISION OF 9TH CIRCUIT CT OF APPEALS                                                      
+ HB  12 HARASSMENT BY ELECTRONIC COMMUNICATION                                                     
                                                                                                    
Mar 14        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Mar 11        Tuesday                               Beltz 211         1:30 PM                     
+ SB  93 ADVERSE POSSESSION                                                                         
     HB  58 REINSTATEMENT OF NATIVE CORPS                                                           
                                                                                                    
Mar 13        Thursday                              Beltz 211         1:30 PM                     
+ SB  82 ALCOHOLIC BEVERAGE TAX FOR WINE & OTHERS                                                   
+ HB  82 COMMERCIAL ELECTRONIC MAIL                                                                 
+ SB 102 CHARITABLE GAMING REVENUE                                                                  
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Mar 07        Friday                       Fahrenkamp 203             9:00 AM                     
              -- Rescheduled from 3/11/03 --                                                        
              -- Time and Location Change --                                                        
              Subcommittee Meeting                                                                  
= HB  69 REGULATION OF SHALLOW NATURAL GAS                                                          
                                                                                                    
Mar 07        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 10        Monday                          Butrovich 205           3:30 PM                     
+             EO 107: Transferring Fish Habitat                                                     
              Functions from DFG to DNR                                                             
+             EO 106: Transferring AK Coastal Policy                                                
              Council and Office of Coastal Mgmt to DNR                                             
+             Bills Previously Heard/Scheduled                                                      

2003-03-07                     Senate Journal                      Page 0437
                            RESOURCES (continued)                                                
                                                                                                    
Mar 11        Tuesday                            Capitol 121          2:30 PM                     
              -- Rescheduled to 3/7/03 --                                                           
              -- Time and Location Change --                                                        
              Subcommittee Meeting                                                                  
= HB  69 REGULATION OF SHALLOW NATURAL GAS                                                          
                                                                                                    
Mar 12        Wednesday                       Butrovich 205           3:30 PM                     
+ SB 116 EMISSION CONTROL PERMIT PROGRAM                                                            
+ SB  44 OIL SPILL RESPONSE COST RECOVERY                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 14        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 11        Tuesday                               Beltz 211         3:30 PM                     
+ SJR  7 VANCOUVER'S BID FOR 2010 WINTER GAMES                                                      
+ SJR  9 SUPPORTING MEMBERS OF MILITARY                                                             
+= SB  65 CORRECTIONAL FACILITY EXPANSION                                                           
+ SB  99 CORRECTIONAL FACILITIES                                                                    
                                                                                                    
Mar 13        Thursday                              Beltz 211         3:30 PM                     
     SB  83 SVEN HAAKANSON AIRPORT AT OLD HARBOR                                                    
+= SB  65 CORRECTIONAL FACILITY EXPANSION                                                           
+= SB  99 CORRECTIONAL FACILITIES                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Mar 11        Tuesday                      Terry Miller 104           1:30 PM                     
              -- Location Change --                                                                 
= SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                   
              <Bill Hearing Postponed to 3/18/03>                                                   
+             1:30 - 2:00: Joint w/(H) Transportation                                               
              Port of Bellingham                                                                    
              2:00 - 3:00:                                                                          
     HCR  2 EXTEND ALASKA RAILROAD TO FT. GREELY                                                    
     SB 103 MOTOR VEHICLE REGISTRATION FEES                                                         
     SB 106 FEE FOR STUDDED TIRES                                                                   
     SB 112 INCREASE MOTOR FUEL TAX                                                                 

2003-03-07                     Senate Journal                      Page 0438
                          TRANSPORTATION (continued)                                             
                                                                                                    
Mar 13        Thursday                     Terry Miller 104           1:15 PM                     
              -- Time and Location Change --                                                        
+             Joint w/(H) Transportation                                                            
              Airport Bond Issues                                                                   
                                                                                                    
Mar 18        Tuesday                         Butrovich 205           1:30 PM                     
              -- Rescheduled from 3/11/03 --                                                        
+= SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                  
                                                                                                    
Mar 25        Tuesday                         Butrovich 205           1:30 PM                     
+= SB  40 CONSTRUCTION OF HIGHWAYS BY DOTPF                                                         
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                ADMINISTRATION                                                   
                                                                                                    
Mar 13        Thursday                              Beltz 211         8:00 AM                     
              Dept of Administration Budget Overview                                                
                   ----------------------------------------                                        
                                                                                                    
                      COMMUNITY AND ECONOMIC DEVELOPMENT                                         
                                                                                                    
Mar 11        Tuesday                      Terry Miller 104         11:00 AM                      
              Initial Budget Discussions                                                            
                   ----------------------------------------                                        
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Mar 10        Monday                    Senate Finance 532           12:00 PM                     
              Initial Departmental Budget Overview                                                  
                   ----------------------------------------                                        
                                                                                                    
                                 FISH & GAME                                                     
                                                                                                    
Mar 13        Thursday                  Senate Finance 532            3:30 PM                     
                                                                                                    
Mar 25        Tuesday                   Senate Finance 532            3:30 PM                     
                                                                                                    
Apr 03        Thursday                  Senate Finance 532            3:30 PM                     

2003-03-07                     Senate Journal                      Page 0439
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                                     LAW                                                         
                                                                                                    
Mar 18        Tuesday                      Fahrenkamp 203             4:00 PM                     
              Dept of Law Budget Overview                                                           
                   ----------------------------------------                                        
                                                                                                    
                                PUBLIC SAFETY                                                    
                                                                                                    
Mar 18        Tuesday                   Senate Finance 532            4:00 PM                     
                                                                                                    
Apr 01        Tuesday                      Fahrenkamp 203             4:00 PM                     
                                                                                                    
Apr 08        Tuesday                      Fahrenkamp 203             4:00 PM                     
                   ----------------------------------------                                        
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Mar 12        Wednesday                    Terry Miller 104           8:00 AM                     
              Dept of Transportation/Public Facilities                                              
              FY04 Operating Budget Overview                                                        
                   ----------------------------------------                                        
                                                                                                    
                              SPECIAL COMMITTEES                                                 
                                                                                                    
                   WORLD TRADE AND STATE/FEDERAL RELATIONS                                       
                                                                                                    
Mar 10        Monday                       Fahrenkamp 203             4:00 PM                     
              Briefings:                                                                            
              Northern Forum, Circumpolar Infrastructure Task Force                                 
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Mar 11        Tuesday                   Senate Finance 532            1:00 PM                     
              Military Legislative Address:                                                         
              Lt General Carrol H. "Howie" Chandler,                                                
              USAF Commander, Alaska Command                                                        
              Brigadier General Craig Campbell,                                                     
              Adjutant General, Alaska National Guard                                               

2003-03-07                     Senate Journal                      Page 0440
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Mar 27        Thursday                   House Finance 519            4:00 PM                     
              Audits and Other Committee Business                                                   
              Including an Executive Session                                                        
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                 FISH CAUCUS                                                     
                                                                                                    
Mar 07        Friday                     House Finance 519          11:00 AM                      
              -- Time and Location Change --                                                        
              Fish Farming in British Columbia                                                      
              C.C. "Bud" Graham, Acting Deputy Minister                                             
              for Agriculture, Food and Fisheries,                                                  
              Provincial Government of British Columbia                                             
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Mar 31        Monday                       House Chamber            11:00 AM                      
              Address by U.S. Senator Ted Stevens