Legislature(2003 - 2004)
2003-03-17 Senate Journal
Full Journal pdf2003-03-17 Senate Journal Page 0511 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday March 17, 2003 Fifty-sixth Day Pursuant to adjournment the Senate was called to order by President Therriault at 11:14 a.m. The roll showed seventeen members present. Senators Davis, Ogan were excused from a call of the Senate. Senator Wagoner was absent. The prayer was offered by the Chaplain, Pastor Sam Dalin of the River of Glory Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father, we would ask that for the Leman household and that extended family, Your grace and Your peace would be upon the whole situation right now with the passing of our Lt. Governor's father-in-law. But especially be with his wife, at this time, and his family. Lord, we ask again that You would grant Your grace. Let us pray. The prophet of old, Jeremiah, spoke and this is what he said: "Seek the peace of the city, for it is your home. Its peace and welfare is yours. Solicit divine favor, work for peace and prosperity, pray for her." As these men and women gather this week to be about the so important business of this great land of Alaska, grant us peace. Grant us welfare, for this is our home. We thank You for a favor from above and beyond our own wisdom and knowledge. We thank You for each of our leaders, gathered together from different geographic locations. Grant them divine favor as they work for peace and prosperity. In the name of God the Father, God the Son and God the Holy Spirit. Amen. 2003-03-17 Senate Journal Page 0512 Senator Elton led the Senate in the Pledge of Allegiance. Certification Senator Ben Stevens moved and asked unanimous consent that the journals for the fifty-second through fifty-fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 14 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twenty-third Alaska Legislature at 11:00 a.m. on Friday, April 25 for the purpose of hearing U.S. Senator Lisa Murkowski's message to the Legislature. Senator Ben Stevens moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. HB 100 Message dated March 14 was read, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 100(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S "An Act making supplemental and other appropriations; amending appropriations; making appropriations to capitalize funds; and providing for an effective date." 2003-03-17 Senate Journal Page 0513 Message dated March 14 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 23 CS FOR HOUSE BILL NO. 23(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to court-ordered restitution and compensation following a criminal conviction." was read the first time and referred to the Judiciary and Finance Committees. Standing Committee Reports SB 65 The State Affairs Committee considered SENATE BILL NO. 65 "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." Signing no recommendation: Senator Gary Stevens, Chair; Senator Cowdery. Signing do pass: Senators Hoffman, Guess. Signing amend: Senator Dyson. The following fiscal information was published today: Fiscal Note No. 1, Department of Corrections The bill was referred to the Finance Committee. SB 83 The State Affairs Committee considered SENATE BILL NO. 83 "An Act naming the Sven Haakanson, Sr. Airport at Old Harbor." Signing do pass: Senator Gary Stevens, Chair; Senators Hoffman, Dyson, Cowdery. 2003-03-17 Senate Journal Page 0514 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. SB 99 The State Affairs Committee considered SENATE BILL NO. 99 "An Act expressing legislative intent regarding privately operated correctional facility space and services; relating to the development and financing of privately operated correctional facility space and services; authorizing the Department of Corrections to enter into an agreement for the confinement and care of prisoners in privately operated correctional facility space; and providing for an effective date." Signing no recommendation: Senator Gary Stevens, Chair; Senators Hoffman, Guess. Signing do pass: Senators Cowdery, Dyson. The following fiscal information was published today: Fiscal Note No. 1, Department of Corrections Fiscal Note No. 2, Department of Public Safety Fiscal Note No. 3, Department of Transportation and Public Facilities Fiscal Note No. 4, Department of Revenue The bill was referred to the Finance Committee. HB 58 The Labor and Commerce Committee considered HOUSE BILL NO. 58 "An Act relating to the reinstatement of Native corporations; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Davis, French, Seekins, Gary Stevens. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Rules Committee. 2003-03-17 Senate Journal Page 0515 HB 82 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 82(L&C) "An Act making certain activity related to commercial electronic mail unlawful and an unfair method of competition or an unfair or deceptive act or practice under the Act enumerating unfair trade practices and consumer protections." Signing do pass: Senator Bunde, Chair; Senators Davis, French, Seekins, Gary Stevens. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, zero, Department of Public Safety The bill was referred to the Judiciary Committee. Introduction and Reference of Senate Resolutions SCR 6 SENATE CONCURRENT RESOLUTION NO. 6 BY SENATORS WAGONER, Ogan, Gary Stevens, Dyson, Bunde, Seekins, Elton, Ellis, Relating to the location of the state's new seafood laboratory. was read the first time and referred to the State Affairs and Finance Committees. SJR 13 SENATE JOINT RESOLUTION NO. 13 BY SENATOR DYSON, Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 2003-03-17 Senate Journal Page 0516 Introduction and Reference of Senate Bills SB 60 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 60 BY SENATOR GUESS, entitled: "An Act relating to adoption and use of a unified permit application form by the natural resource agencies; and repealing the Environmental Procedures Coordination Act." was read the first time and referred to the Resources and Finance Committees. SB 141 SENATE BILL NO. 141 BY SENATOR BUNDE, entitled: "An Act repealing the termination date of certain provisions that require the reporting of social security numbers and automated data matching with financial institutions for child support enforcement purposes; relating to social security numbers on applications for commercial fishing licenses; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Resources Committees. SB 144 SENATE BILL NO. 144 BY SENATOR FRENCH, entitled: "An Act relating to carbon sequestration; and providing for an effective date." was read the first time and referred to the State Affairs and Resources Committees. SB 145 SENATE BILL NO. 145 BY SENATOR GARY STEVENS, entitled: 2003-03-17 Senate Journal Page 0517 "An Act relating to reemployment of and benefits for retired teachers or employees, including those who participated in retirement incentive programs, and to the employment as teachers of members of the public employees' retirement system who participated in a retirement incentive program; and providing for an effective date." was read the first time and referred to the State Affairs and Health, Education and Social Services Committees. SB 146 SENATE BILL NO. 146 BY SENATORS GUESS, Ellis, entitled: "An Act relating to a commemorative veterans' license plate; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. SB 147 SENATE BILL NO. 147 BY SENATORS GREEN, Therriault, entitled: "An Act relating to control of nuisance wild animals; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 148 SENATE BILL NO. 148 was not introduced. SB 149 SENATE BILL NO. 149 BY SENATOR TAYLOR, entitled: "An Act relating to timber and to the sale of timber by the state." was read the first time and referred to the Resources and Finance Committees. 2003-03-17 Senate Journal Page 0518 SB 150 SENATE BILL NO. 150 BY SENATOR TAYLOR, entitled: "An Act relating to use and disposal of state land." was read the first time and referred to the Resources and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 79 SENATE BILL NO. 79 "An Act extending the termination date of the Alaska Minerals Commission" was read the second time. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 79 was read the third time. The question being: "Shall SENATE BILL NO. 79 "An Act extending the termination date of the Alaska Minerals Commission" pass the Senate?" The roll was taken with the following result: SB 79 Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wilken Excused: Davis, Ogan Absent: Wagoner and so, SENATE BILL NO. 79 passed the Senate and was referred to the Secretary for engrossment. 2003-03-17 Senate Journal Page 0519 Third Reading of Senate Bills SB 71 CS FOR SENATE BILL NO. 71(TRA) was read the third time. The presence of Senator Wagoner was noted. SB 71 The question being: "Shall CS FOR SENATE BILL NO. 71(TRA) "An Act relating to funding for transportation projects; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 71(TRA) Third Reading - Final Passage YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Nays: Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Excused: Davis, Ogan and so, CS FOR SENATE BILL NO. 71(TRA) passed the Senate. Senator Lincoln gave notice of reconsideration. Senator Ben Stevens moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 71(TRA) Effective Date Clause YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Davis, Ogan and so, the effective date clause was adopted. 2003-03-17 Senate Journal Page 0520 Unfinished Business President Therriault made the following appointments: Council of State Governments Governing Board Senator Therriault Annual Meeting Committee Senator Taylor Intergovernmental Affairs Committee Senator Ogan International Committee Senator Gary Stevens Agricultural and Rural Policy Task Force Senator Lincoln Public Safety and Justice Task Force Senator Guess Council of State Governments - WEST Executive Committee Senator Ogan Senator Therriault Energy and Public Lands Committee Senator Ogan Senator Davis Fiscal Affairs Committee Senator Bunde Trade and Transportation Committee Senator Dyson Senator Cowdery Senator Hoffman Western Legislative Futures Forum Senator Gary Stevens Senator Wagoner Senator Bunde Western Water and Environment Committee Senator Ogan Senator Cowdery Senator Wagoner 2003-03-17 Senate Journal Page 0521 National Conference of State Legislatures Agriculture and Rural Development Committee Senator Seekins Communications, Technology and Interstate Commerce Committee Senator Cowdery Senator Guess Economic Development, Trade and Cultural Affairs Committee Senator Cowdery Education Committee Senator Bunde Senator Gary Stevens Senator Davis Senator Wagoner Energy and Electric Utilities Committee Senator Dyson Senator Ben Stevens Senator Ogan Environment and Natural Resources Committee Senator Seekins Senator Elton Financial Services Committee Senator Guess Labor and Workforce Development Committee Senator Bunde Law and Criminal Justice Committee Senator Dyson Senator Lincoln Senator Ogan Legislative Effectiveness and State Government Committee Senator Ben Stevens Senator Gary Stevens Senator Elton Redistricting and Elections Committee Senator Ben Stevens Senator Therriault 2003-03-17 Senate Journal Page 0522 Transportation Committee Senator Wagoner Senator Cowdery Senator Dyson Senator Hoffman SB 25 Senators Gary Stevens, Dyson, Seekins, moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 25 "An Act relating to the teachers' housing loan program in the Alaska Housing Finance Corporation; and providing for an effective date." Without objection, it was so ordered. Senator Gary Stevens moved and asked unanimous consent to be excused from a call of the Senate from March 19 through March 24, plane time. Without objection, Senator Gary Stevens was excused. Senator Wilken moved and asked unanimous consent to be excused from the Senate, not subject to a call, from March 20, evening plane time, through March 23, afternoon plane time. Without objection, Senator Wilken was excused. Senator Cowdery moved and asked unanimous consent to be excused from a call of the Senate from April 17, evening plane time, through April 21, morning plane time. Without objection, Senator Cowdery was excused. Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from March 20, evening plane time, through March 23, evening plane time. Without objection, Senator Bunde was excused. Announcements Announcements are at the end of the journal. 2003-03-17 Senate Journal Page 0523 Engrossment SB 79 SENATE BILL NO. 79 "An Act extending the termination date of the Alaska Minerals Commission" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Ben Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:30 a.m., March 18, 2003. Without objection, the Senate adjourned at 12:01 p.m. Kirsten Waid Secretary of the Senate March 2003 2003-03-17 Senate Journal Page 0524 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 17 Monday Fahrenkamp 203 1:30 PM Bills Previously Heard/Scheduled += SB 38 ADOPTION OF SAFETY CODES + SB 118 BOROUGH INSPECTION: FOOD/AQUATIC FARMS <Testimony by Invitation Only> + SB 136 RESIDENTIAL PROPERTY TAX EXEMPTION Mar 19 Wednesday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 21 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 17 Monday Senate Finance 532 9:00 AM SB 100 APPROP: CAPITAL PROJECTS Dept of Law; Dept of Education and Early Development; Office of the Governor; Cheryl Frasca, OMB; Dept of Health and Social Services Bills Previously Heard/Scheduled Mar 18 Tuesday Senate Finance 532 9:00 AM = SB 100 APPROP: CAPITAL PROJECTS Dept of Corrections, Dept of Military and Veterans Affairs, Dept of Labor, AK Court System Bills Previously Heard/Scheduled 2003-03-17 Senate Journal Page 0525 FINANCE (continued) Mar 19 Wednesday Senate Finance 532 9:00 AM = SB 100 APPROP: CAPITAL PROJECTS Dept of Public Safety, Dept of Fish and Game, Dept of Administration Bills Previously Heard/Scheduled Mar 20 Thursday Senate Finance 532 9:00 AM = SB 100 APPROP: CAPITAL PROJECTS Dept of Revenue, Dept Natural Resources, Dept of Community & Economic Development Bills Previously Heard/Scheduled Mar 21 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 17 Monday Butrovich 205 1:30 PM + SB 95 72-HOUR NOTICE OF TEACHER STRIKE + SB 30 ABORTION: INFORMED CONSENT; INFORMATION Bills Previously Heard/Scheduled += SB 55 TAMPERING WITH PUBLIC RECORDS += SB 8 TAMPERING WITH PUBLIC RECORDS + Overview: Mental Health Trust Authority Alcohol Evaluation Project Mar 19 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Mar 17 Monday Beltz 211 1:30 PM + Bills Previously Heard/Scheduled + Confirmation Hearing: Violent Crimes Compensation Board - LeRoy Barker + SB 2 PARENT LIABILITY FOR DAMAGE BY CHILD + SB 49 2003 REVISOR'S BILL + HB 68 OFFICE OF VICTIMS' RIGHTS: INCLUDE MUNIS 2003-03-17 Senate Journal Page 0526 JUDICIARY (continued) Mar 19 Wednesday Beltz 211 1:30 PM Bills Previously Heard/Scheduled SB 9 CLEANUP OF ILLEGAL DRUG SITES SJR 3 CONST AM: APPROPRIATION/SPENDING LIMIT Mar 21 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 18 Tuesday Beltz 211 1:30 PM + SB 86 INTEREST ON DELINQUENT TAXES + HB 9 HOME INSPECTORS/CONTRACTORS + SB 114 INCREASE BUSINESS LICENSE FEE Bills Previously Heard/Scheduled Mar 20 Thursday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- RESOURCES Mar 17 Monday Butrovich 205 3:30 PM No Meeting Scheduled Mar 19 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 21 Friday Butrovich 205 3:30 PM No Meeting Scheduled Mar 24 Monday Butrovich 205 3:30 PM + SB 70 BD OF FISHERIES MEETINGS/EMERGENCY ORDERS + SB 143 COASTAL MANAGEMENT PROGRAMS Bills Previously Heard/Scheduled Mar 25 Tuesday Butrovich 205 8:30 AM Subcommittee Meeting = HB 69 REGULATION OF SHALLOW NATURAL GAS 2003-03-17 Senate Journal Page 0527 RESOURCES (continued) Mar 26 Wednesday Butrovich 205 3:30 PM + SB 50 ROYALTY GAS CONTRACTS Bills Previously Heard/Scheduled Mar 28 Friday Butrovich 205 3:30 PM + SB 122 NONRES.GAME TAG FEES/WILDLIFE TOUR PASS + SB 97 ATTY FEES: PUBLIC INTEREST LITIGANTS Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 18 Tuesday Beltz 211 3:30 PM SJR 10 PLEDGE OF ALLEGIANCE RESOLUTION HB 140 BENEFITS FOR CERTAIN RIP PARTICIPANTS <Pending Referral> SB 115 CORRECTIONAL INDUSTRIES PROGRAM EXPENSES + HB 46 PRIMARY ELECTION BALLOTS SB 24 SPECIAL ABSENTEE BALLOTS Bills Previously Heard/Scheduled Mar 20 Thursday Beltz 211 3:30 PM No Meeting Scheduled Mar 25 Tuesday Beltz 211 3:30 PM = SB 26 STATE EMPLOYEES CALLED TO MILITARY DUTY SB 69 BOARD OF FISHERIES CONFLICTS OF INTEREST + SB 119 ELIMINATE APOC Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 18 Tuesday Butrovich 205 1:30 PM -- Rescheduled from 3/11/03 -- += SB 31 RAILROAD UTILITY CORRIDOR TO & IN CANADA <Above Bill Hearing Postponed> Bills Previously Heard/Scheduled 2003-03-17 Senate Journal Page 0528 TRANSPORTATION (continued) Mar 20 Thursday Butrovich 205 1:30 PM No Meeting Scheduled Mar 25 Tuesday Butrovich 205 1:30 PM += SB 40 CONSTRUCTION OF HIGHWAYS BY DOTPF ---------------------------------------- FINANCE SUBCOMMITTEES FISH & GAME Mar 25 Tuesday Senate Finance 532 3:30 PM Apr 03 Thursday Senate Finance 532 3:30 PM ---------------------------------------- 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 18 Tuesday Senate Finance 532 8:00 AM Dept of Transportation/Public Facilities FY04 Operating Budget Overview Mar 20 Thursday Senate Finance 532 8:00 AM Dept of Transportation/Public Facilities FY04 Operating Budget Overview 2003-03-17 Senate Journal Page 0529 JOINT COMMITTEES 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 19 Wednesday Butrovich 205 12:00 PM Restoring Razor Clams: Economic Opportunities in Mariculture - Jackie Timothy, Mariculture Coordinator, Dept of Fish and Game ---------------------------------------- JOINT SESSION Mar 31 Monday House Chamber 11:00 AM Address by U.S. Senator Ted Stevens Apr 25 Friday House Chamber 11:00 AM Address by U.S. Senator Lisa Murkowski