Legislature(2003 - 2004)
2003-03-24 Senate Journal
Full Journal pdf2003-03-24 Senate Journal Page 0567 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday March 24, 2003 Sixty-third Day Pursuant to adjournment the Senate was called to order by President Therriault at 3:03 p.m. The roll showed eighteen members present. Senator Cowdery was excused from a call of the Senate. Senator Ogan was absent. The prayer was offered by the Chaplain, Major Larry Fankhauser of The Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, Each of us in our own way would take a moment to lift a prayer seeking Your watchful care over our military personnel. They are fathers, mothers, brothers and sisters, and we would ask for their safe return. Thank You for this day and the opportunities to serve that it presents. As one nation under God, we would seek wisdom, insight and direction from Your leading hand. At the end of this day may each senator here gathered rest in knowing they have done all they could for the better of those they serve. Amen. Senator Guess led the Senate in the Pledge of Allegiance. 2003-03-24 Senate Journal Page 0568 Certification Senator Ben Stevens moved and asked unanimous consent that the journals for the fifty-ninth through sixty-second legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated March 21 and received March 24 was read, stating in accordance with Article III Section 25 of the Alaska Constitution, I submit the following name for legislative confirmation of appointment to the position set out below: Commissioner - Department of Fish and Game Kevin Duffy Appointed: 03/19/2003 The appointment was referred to the Resources Committee. The resume for this appointment has been submitted to the Offices of the Senate Secretary and the Chief Clerk. The presence of Senator Ogan was noted. Communications Report from the Commissioner of the Department of Administration dated March 17 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Alyeska Central School Education Association in accordance with AS 23.40.215(b). Report from the Commissioner of the Department of Administration dated March 17 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Teachers' Education Association of Mt. Edgecumbe in accordance with AS 23.40.215(b). 2003-03-24 Senate Journal Page 0569 Report from the Commissioner of the Department of Administration dated March 17 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Public Safety Employees Association representing State Troopers in accordance with AS 23.40.215(b). Report from the Commissioner of the Department of Administration dated March 17 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Public Safety Employees Association representing Correctional Officers in accordance with AS 23.40.215(b). Report from the Commissioner of the Department of Administration dated March 17 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Public Employees Local 71 representing the Labor, Trades and Crafts Unit in accordance with AS 23.40.215(b). Report from the Commissioner of the Department of Administration dated March 18 was received, stating the monetary terms for the collective bargaining agreement reached with the Alaska Vocational Technical Education Center Teachers' Association in accordance with AS 23.40.215(b). Report from the Commissioner of the Department of Administration dated March 20 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Alaska Public Employees Association representing the Supervisory Bargaining Unit in accordance with AS 23.40.215(b). Report from the Commissioner of the Department of Administration dated March 20 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Alaska Public Employees Association representing the Confidential Unit in accordance with AS 23.40.215(b). Report from the Commissioner of the Department of Administration dated March 21 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Alaska State Employee Association representing the General Government Unit in accordance with AS 23.40.215(b). 2003-03-24 Senate Journal Page 0570 Report from the Commissioner of the Department of Administration dated March 21 was received, stating the monetary terms for the collective bargaining agreement reached with the Inlandboatmen's Union of the Pacific in accordance with AS 23.40.215(b). The reports were referred to the Finance Committee. Standing Committee Reports SB 45 The Judiciary Committee considered SENATE BILL NO. 45 "An Act relating to the Legislative Budget and Audit Committee" and recommended it be replaced with CS FOR SENATE BILL NO. 45(JUD) Signing do pass: Senator Seekins, Chair; Senator Therriault. Signing no recommendation: Senators Ellis, French. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration Fiscal Note No. 2, zero, Department of Law The bill was referred to the Finance Committee. HB 140 Forthcoming State Affairs Senate Committee Substitute (page 549) for HOUSE BILL NO. 140(efd fld) "An Act relating to benefits for retired teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner" was received today: SENATE CS FOR HOUSE BILL NO. 140(STA) "An Act relating to benefits for retired teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; and providing for an effective date." (technical title change) 2003-03-24 Senate Journal Page 0571 Introduction and Reference of Senate Resolutions SJR 14 SENATE JOINT RESOLUTION NO. 14 BY SENATORS OLSON, Ellis, Requesting the Federal Aviation Administration to fully staff and maintain flight service stations in Alaska. was read the first time and referred to the Transportation and Community and Regional Affairs Committees. Consideration of the Calendar Second Reading of Senate Bills SB 43 SENATE BILL NO. 43 "An Act extending the termination date of the State Medical Board" was read the second time. Senator Wilken, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 430. Without objection, CS FOR SENATE BILL NO. 43(FIN) was adopted. 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. CS FOR SENATE BILL NO. 43(FIN) was read the third time. Senator Olson moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Olson was required to vote. 2003-03-24 Senate Journal Page 0572 The question being: "Shall CS FOR SENATE BILL NO. 43(FIN) "An Act extending the termination date of the State Medical Board" pass the Senate?" The roll was taken with the following result: CSSB 43(FIN) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Cowdery and so, CS FOR SENATE BILL NO. 43(FIN) passed the Senate and was referred to the Secretary for engrossment. Third Reading of House Bills HB 68 CS FOR HOUSE BILL NO. 68(JUD) "An Act relating to the jurisdiction of the office of victims' rights" was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 68(JUD) "An Act relating to the jurisdiction of the office of victims' rights" pass the Senate?" The roll was taken with the following result: CSHB 68(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Taylor, Therriault, Wagoner, Wilken Excused: Cowdery and so, CS FOR HOUSE BILL NO. 68(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. 2003-03-24 Senate Journal Page 0573 Citations Honoring - Peters Creek Christian Center, Finding the Lost Senator(s) Dyson, Therriault, Bunde, Cowdery, Davis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken Honoring - Juneau-Douglas High School Home Designers Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken Representative(s) Weyhrauch, Kerttula Honoring - Ivan Parker-Diaz and Tyler Crenshaw Representative(s) Croft Senator(s) French, Therriault, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken Honoring - Randall P. Burns Representative(s) Weyhrauch Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Earl A. Greene Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Wes Coyner Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken Representative(s) Kerttula,Weyhrauch In Memoriam - Thomas Patrick O'Hara Senator(s) Dyson, Therriault, Bunde, Cowdery, Davis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken 2003-03-24 Senate Journal Page 0574 In Memoriam - Roy Lee Henderson Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Paul Helmar Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken Representative(s) Kerttula, Weyhrauch In Memoriam - Wayne E. Bender Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, 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 EO 104 In accordance with AS 24.08.210, action was not taken on the following Executive Order and it was returned to the Governor's Office at 12:05 p.m. on March 24, 2003: EXECUTIVE ORDER NO. 104 Transferring the functions of the Office of Equal Employment Opportunity from the Office of the Governor to the Division of Personnel in the Department of Administration. EO 105 In accordance with AS 24.08.210, action was not taken on the following Executive Order and it was returned to the Governor's Office at 12:05 p.m. on March 24, 2003: 2003-03-24 Senate Journal Page 0575 EXECUTIVE ORDER NO. 105 Transferring the Alaska Seismic Hazards Safety Commission from the Office of the Governor to the Department of Natural Resources. Announcements Announcements are at the end of the journal. HJR 18 Senator Gary Stevens, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived on HOUSE JOINT RESOLUTION NO. 18 Supporting the men and women of the United States armed forces in the military action to free Iraq and to protect the world from Saddam Hussein, for the State Affairs Committee meeting on March 27. Without objection, it was so ordered. Engrossment SB 43 CS FOR SENATE BILL NO. 43(FIN) "An Act extending the termination date of the State Medical Board" 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 11:00 a.m., March 26, 2003. Without objection, the Senate adjourned at 3:28 p.m. Kirsten Waid Secretary of the Senate March 2003 2003-03-24 Senate Journal Page 0576 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 24 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 26 Wednesday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 28 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 24 Monday Senate Finance 532 10:00 AM -- Time Change -- = SB 100 APPROP: CAPITAL PROJECTS Dept of Revenue, Dept of Administration, Dept of Community & Economic Development Bills Previously Heard/Scheduled Mar 25 Tuesday Senate Finance 532 9:00 AM = SB 100 APPROP: CAPITAL PROJECTS Dept of Fish & Game, Dept of Environmental Conservation Bills Previously Heard/Scheduled 2003-03-24 Senate Journal Page 0577 FINANCE (continued) Mar 26 Wednesday Senate Finance 532 9:00 AM = SB 100 APPROP: CAPITAL PROJECTS University of Alaska, Dept Transportation & Public Facilities Bills Previously Heard/Scheduled Mar 27 Thursday Senate Finance 532 9:00 AM = SB 100 APPROP: CAPITAL PROJECTS <Follow-up Discussion, if Necessary> HB 12 HARASSMENT BY ELECTRONIC COMMUNICATION SB 123 ELIMINATE REVIEW OF ADOPTION SUBSIDIES Bills Previously Heard/Scheduled Mar 28 Friday Senate Finance 532 9:00 AM SB 40 CONSTRUCTION OF HIGHWAYS BY DOTPF SB 106 FEE FOR STUDDED TIRES Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 24 Monday Fahrenkamp 203 5:00 PM -- Time and Location Change -- += SB 55 TAMPERING WITH PUBLIC RECORDS += SB 8 TAMPERING WITH PUBLIC RECORDS += SB 95 72-HOUR NOTICE OF TEACHER STRIKE + SB 10 EDUCATION FUNDING:INSTRUCTIONAL COMPONENT Mar 26 Wednesday Butrovich 205 1:30 PM + SB 105 MEDICAID:CHILDREN/PREGNANT WOMEN/FACILITY + SB 108 HEALTH FACILITY MEDICAID RATES/ADV. COM'N + SB 109 MEDICAID COST CONTAINMENT & PRIORITY LIST += SB 30 ABORTION: INFORMED CONSENT; INFORMATION + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 24 Monday Beltz 211 1:30 PM No Meeting Scheduled 2003-03-24 Senate Journal Page 0578 JUDICIARY (continued) Mar 26 Wednesday Beltz 211 1:30 PM + SB 89 DEFINITION OF LOBBYING Mar 28 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 25 Tuesday Beltz 211 1:30 PM Bills Previously Heard/Scheduled + SB 111 PUBLIC CONSTRUCTION PROJECT REQUIREMENTS + SB 113 FINANCIAL INSTITUTION EXAMINATIONS/CFAB + SB 120 CLAIMS BY STATE-EMPLOYED SEAMEN Mar 27 Thursday Beltz 211 1:30 PM Bills Previously Heard/Scheduled + HB 124 COMMERCIAL MOTOR VEHICLE DRIVERS/EMPLOYER + HB 64 PURCHASE OF STRUCTURED SETTLEMENTS + HB 146 CHILD SUPPORT/SOCIAL SECURITY NUMBERS + SB 151 GAS PIPELINE TRANSPORTATION TARIFFS ---------------------------------------- RESOURCES Mar 24 Monday Butrovich 205 3:30 PM + SB 70 BD OF FISHERIES MEETINGS/EMERGENCY ORDERS + HB 139 CLOSING CERTAIN LAND TO MINERAL ENTRY + SB 143 COASTAL MANAGEMENT PROGRAMS <Bill Hearing Postponed> Bills Previously Heard/Scheduled Mar 25 Tuesday Butrovich 205 8:30 AM Subcommittee Meeting = HB 69 REGULATION OF SHALLOW NATURAL GAS Mar 26 Wednesday Butrovich 205 3:30 PM + SB 50 ROYALTY GAS CONTRACTS Bills Previously Heard/Scheduled 2003-03-24 Senate Journal Page 0579 RESOURCES (continued) 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 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 Mar 27 Thursday Beltz 211 3:30 PM + SB 117 ELIMINATING LONGEVITY BONUS PROGRAM HJR 18 SUPPORTING MILITARY ACTION AGAINST IRAQ <Pending Referral> Uniform Rule 23 Waived ---------------------------------------- TRANSPORTATION Mar 25 Tuesday Butrovich 205 1:30 PM = SB 103 MOTOR VEHICLE REGISTRATION FEES SB 153 LONG-TERM LEASES OF ALASKA RR LAND Bills Previously Heard/Scheduled Mar 27 Thursday Butrovich 205 1:30 PM = SB 31 RAILROAD UTILITY CORRIDOR TO & IN CANADA Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES COMMUNITY AND ECONOMIC DEVELOPMENT Mar 25 Tuesday Terry Miller 104 11:00 AM Budget Overview Continuation Missions and Measures 2003-03-24 Senate Journal Page 0580 FINANCE SUBCOMMITTEES (continued) COMMUNITY AND ECONOMIC DEVELOPMENT (continued) Mar 27 Thursday Terry Miller 104 8:00 AM Budget Discussion Continued ---------------------------------------- CORRECTIONS Apr 04 Friday Senate Finance 532 4:30 PM Review Agency Programs Proposed FY04 Budget Apr 07 Monday Senate Finance 532 4:30 PM Review Agency Programs Proposed FY04 Budget Apr 09 Wednesday Senate Finance 532 4:30 PM Preliminary FY04 Budget Close-out Apr 10 Thursday Senate Finance 532 5:00 PM FY04 Budget Close-out and Agency Response ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 27 Thursday Fahrenkamp 203 1:00 PM Department Overview Apr 10 Thursday Fahrenkamp 203 1:00 PM ---------------------------------------- FISH & GAME Mar 25 Tuesday Senate Finance 532 3:30 PM Apr 03 Thursday Senate Finance 532 3:30 PM ---------------------------------------- 2003-03-24 Senate Journal Page 0581 FINANCE SUBCOMMITTEES (continued) HEALTH & SOCIAL SERVICES Mar 24 Monday Senate Finance 532 11:30 AM Overview: Agency Reorganization Begin Review and Proposed FY04 Budget Mar 26 Wednesday Senate Finance 532 4:30 PM Review Agency Programs Proposed FY04 Budget Mar 27 Thursday Senate Finance 532 11:30 AM Review Agency Programs Proposed FY04 Budget Mar 31 Monday Senate Finance 532 4:30 PM Review Agency Programs Proposed FY04 Budget Apr 01 Tuesday Senate Finance 532 4:30 PM Review Agency Programs Proposed FY04 Budget Apr 02 Wednesday Senate Finance 532 4:30 PM Review Agency Programs Proposed FY04 Budget Apr 08 Tuesday Senate Finance 532 4:30 PM Preliminary FY04 Budget Close-out Apr 10 Thursday Senate Finance 532 4:30 PM FY04 Budget Close-out and Agency Response ---------------------------------------- MILITARY AND VETERANS AFFAIRS Apr 03 Thursday Fahrenkamp 203 1:30 PM Department Overview Apr 08 Tuesday Fahrenkamp 203 1:30 PM ---------------------------------------- 2003-03-24 Senate Journal Page 0582 FINANCE SUBCOMMITTEES (continued) PUBLIC SAFETY Apr 01 Tuesday Fahrenkamp 203 4:00 PM Apr 08 Tuesday Fahrenkamp 203 4:00 PM ---------------------------------------- REVENUE Mar 28 Friday Butrovich 205 8:00 AM Department Overview Apr 09 Wednesday Beltz 211 8:00 AM ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 25 Tuesday Senate Finance 532 8:00 AM FY04 Operating Budget Overview Mar 27 Thursday Senate Finance 532 8:00 AM -- Meeting Canceled -- FY04 Operating Budget Overview ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 27 Thursday House Finance 519 4:00 PM Audits and Other Committee Business Including an Executive Session ---------------------------------------- 2003-03-24 Senate Journal Page 0583 OTHER MEETINGS FISH CAUCUS Mar 25 Tuesday Butrovich 205 12:00 PM Panel Discussion:Restructuring the Salmon Industry - Fishery Management Models ---------------------------------------- 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