Legislature(2003 - 2004)
2003-03-26 Senate Journal
Full Journal pdf2003-03-26 Senate Journal Page 0587 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 26, 2003 Sixty-fifth Day Pursuant to adjournment the Senate was called to order by President Therriault at 11:13 a.m. The roll showed eighteen members present. Senators Ogan, Taylor were absent. The prayer was offered by the Chaplain, Senator Olson. Senator Bunde moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord Jesus in heaven, as we bow our heads this morning and our hearts and minds are occupied with the issues at hand, Lord, may we not forget those families that have been touched in a significant way by the happenings that are going on throughout the world and especially with the conflict arising in the Middle East. Lord, we pray that You would be especially with those children, wives, husbands, and mothers and fathers who have lost significant personalities in their lives. Lord, we pray that You would be especially with those this morning. Lord, as we look out and we see the wonderful area that we are in down here in Juneau, with the mountains and the eagles flying and the land we consider free, we thank You that there is a force out there defending us. Lord, continue to watch over and guide us as we take on the public's trust to exercise wisdom and responsibility with the issues that are starting to stack up on our desks. We realize that You are still in charge. Give us wisdom, give us safety and health for those families that are represented from throughout the state. In Your Name, Amen. 2003-03-26 Senate Journal Page 0588 Senator Hoffman led the Senate in the Pledge of Allegiance. Certification Senator Ben Stevens moved and asked unanimous consent that the journals for the sixty-third and sixty-fourth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Ogan was noted. Messages from the House SB 51 Message dated March 24 was read, stating the House passed and returned: SENATE BILL NO. 51 "An Act relating to revenue bonds issued by the Alaska Municipal Bond Bank Authority and the total amount of bonds and notes outstanding of that authority; and providing for an effective date." The bill was referred to the Secretary for enrollment. Standing Committee Reports SB 8 The Health, Education and Social Services Committee considered SENATE BILL NO. 8 "An Act relating to tampering with public records." Signing amend: Senator Dyson, Chair. Signing no recommendation: Senators Guess, Wilken. Signing do pass: Senators Green, Davis. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law 2003-03-26 Senate Journal Page 0589 The bill was referred to the Judiciary Committee. SB 26 The State Affairs Committee considered SENATE BILL NO. 26 "An Act relating to state employees who are called to active duty as reserve or auxiliary members of the armed forces of the United States; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 26(STA) Signing do pass: Senator Gary Stevens, Chair; Senators Cowdery, Hoffman, Dyson, Guess. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Administration The bill was referred to the Finance Committee. SB 55 The Health, Education and Social Services Committee considered SENATE BILL NO. 55 "An Act relating to tampering with public records" and recommended it be replaced with CS FOR SENATE BILL NO. 55(HES) Signing do pass: Senator Dyson, Chair; Senators Green, Wilken. Signing no recommendation: Senator Guess. Signing amend: Senator Davis. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law The bill was referred to the Judiciary Committee. SB 69 The State Affairs Committee considered SENATE BILL NO. 69 "An Act relating to participation in matters before the Board of Fisheries by members of the board; and providing for an effective date." Signing do pass: Senator Gary Stevens, Chair; Senators Hoffman, Cowdery, Dyson, Guess. 2003-03-26 Senate Journal Page 0590 The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Fish and Game The bill was referred to the Resources Committee. SB 86 The Labor and Commerce Committee considered SENATE BILL NO. 86 "An Act relating to the rate of interest on delinquent taxes." Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary Stevens. Signing no recommendation: Senators Davis, French. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Revenue The bill was referred to the Finance Committee. SB 95 The Health, Education and Social Services Committee considered SENATE BILL NO. 95 "An Act relating to strikes by employees of a municipal school district, a regional educational attendance area, or a state boarding school, and requiring notice of at least 72 hours of a strike by those employees." Signing no recommendation: Senator Dyson, Chair; Senator Wilken. Signing do pass: Senators Guess, Green, Davis. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Labor and Workforce Development The bill was referred to the Labor and Commerce Committee. SB 103 The Transportation Committee considered SENATE BILL NO. 103 "An Act increasing certain motor vehicle registration fees; and providing for an effective date." Signing do pass: Senator Cowdery, Chair. Signing no recommendation: Senators Olson, Therriault, Wagoner. Signing do not pass: Senator Lincoln. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Administration 2003-03-26 Senate Journal Page 0591 The bill was referred to the Finance Committee. SB 153 The Transportation Committee considered SENATE BILL NO. 153 "An Act authorizing a long-term lease of certain Alaska Railroad Corporation land at Anchorage; and providing for an effective date." Signing do pass: Senator Cowdery, Chair; Senators Therriault, Wagoner. Signing no recommendation: Senators Olson, Lincoln. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities The bill was referred to the Finance Committee. HB 139 The Resources Committee considered CS FOR HOUSE BILL NO. 139(RES) "An Act approving an interim classification by the commissioner of natural resources closing certain land within the Glacier Creek and Winner Creek drainages to new mineral entry; and providing for an effective date." Signing do pass: Senator Ogan, Chair; Senators Seekins, Ben Stevens, Dyson, Wagoner. Signing no recommendation: Senators Lincoln, Elton. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Natural Resources The bill was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 156 SENATE BILL NO. 156 BY SENATOR DYSON, entitled: "An Act relating to the posting and giving of certain warnings about drinking alcohol during pregnancy when selling or dispensing pregnancy testing kits, birth control devices, or birth control prescriptions." 2003-03-26 Senate Journal Page 0592 was read the first time and referred to the Labor and Commerce and Health, Education and Social Services Committees. SB 157 SENATE BILL NO. 157 BY SENATOR GREEN, entitled: "An Act relating to inpatient psychiatric services for persons who are under 21 years of age and are either eligible for medical assistance or are in the custody of the Department of Health and Social Services." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 158 SENATE BILL NO. 158 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act transferring the Council on Domestic Violence and Sexual Assault from the Department of Public Safety to the Department of Health and Social Services; and providing for an effective date." was read the first time and referred to the State Affairs and Health, Education and Social Services Committees. Consideration of the Calendar Second Reading of Senate Resolutions SJR 8 SENATE JOINT RESOLUTION NO. 8 Relating to the division of the Ninth Circuit Court of Appeals, was read the second time. Senator Ben Stevens moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 8 was read the third time. 2003-03-26 Senate Journal Page 0593 The question being: "Shall SENATE JOINT RESOLUTION NO. 8 Relating to the division of the Ninth Circuit Court of Appeals, pass the Senate?" The roll was taken with the following result: SJR 8 Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Hoffman Absent: Taylor and so, SENATE JOINT RESOLUTION NO. 8 passed the Senate. Senator Hoffman gave notice of reconsideration. SJR 10 SENATE JOINT RESOLUTION NO. 10 Relating to the Pledge of Allegiance, was read the second time. Senator Ben Stevens moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 10 was read the third time. The question being: "Shall SENATE JOINT RESOLUTION NO. 10 Relating to the Pledge of Allegiance, pass the Senate?" The roll was taken with the following result: SJR 10 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Taylor 2003-03-26 Senate Journal Page 0594 and so, SENATE JOINT RESOLUTION NO. 10 passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Donna A. Peterson, Superintendent of the Year Representative(s) Chenault Senator(s) Wagoner, Therriault, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - James Hesterberg Senator(s) Green, Therriault, Cowdery, Davis, Dyson, Elton, 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 Senator Wilken moved and asked unanimous consent to be excused from the Senate, not subject to a call, from March 28, afternoon plane time, to March 30, evening plane time. Without objection, Senator Wilken was excused. The presence of Senator Taylor was noted. Senator Olson moved and asked unanimous consent to be excused from the Senate, not subject to a call, from March 31 to April 2. Without objection, Senator Olson was excused. Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from March 28, plane time, to March 30, plane time. Without objection, Senator Bunde was excused. 2003-03-26 Senate Journal Page 0595 Senator Taylor moved and asked unanimous consent to be excused from the Senate, not subject to a call, from April 7 to April 9, plane time. Without objection, Senator Taylor was excused. Senator Ben Stevens moved and asked unanimous consent that President Therriault be excused from a call of the Senate from March 29 to March 30, evening plane time. Without objection, Senator Therriault was excused. SB 45 Senator Wilken, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 45 "An Act relating to the Legislative Budget and Audit Committee." Without objection, the bill was referred to the Rules Committee. Announcements Announcements are at the end of the journal. Engrossment SJR 10 SENATE JOINT RESOLUTION NO. 10 Relating to the Pledge of Allegiance, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Enrollment SB 51 SENATE BILL NO. 51 "An Act relating to revenue bonds issued by the Alaska Municipal Bond Bank Authority and the total amount of bonds and notes outstanding of that authority; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 1:30 p.m., March 26, 2003. 2003-03-26 Senate Journal Page 0596 Adjournment Senator Ben Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., March 28, 2003. Without objection, the Senate adjourned at 11:43 a.m. Kirsten Waid Secretary of the Senate March 2003 2003-03-26 Senate Journal Page 0597 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 26 Wednesday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 28 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE 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 <Bill Hearing Postponed to 3/28/03> SB 123 ELIMINATE REVIEW OF ADOPTION SUBSIDIES <Bill Hearing Postponed to 3/28/03> Bills Previously Heard/Scheduled 2003-03-26 Senate Journal Page 0598 FINANCE (continued) Mar 28 Friday Senate Finance 532 9:00 AM = HB 12 HARASSMENT BY ELECTRONIC COMMUNICATION <Bill Hearing Rescheduled from 3/27/03> = SB 123 ELIMINATE REVIEW OF ADOPTION SUBSIDIES <Bill Hearing Rescheduled from 3/27/03> SB 40 CONSTRUCTION OF HIGHWAYS BY DOTPF SB 106 FEE FOR STUDDED TIRES Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES 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 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 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 ---------------------------------------- 2003-03-26 Senate Journal Page 0599 RESOURCES Mar 26 Wednesday Butrovich 205 3:30 PM + SB 50 ROYALTY GAS CONTRACTS Bills Previously Heard/Scheduled Mar 27 Thursday Butrovich 205 11:00 AM Subcommittee Meeting = HB 69 REGULATION OF SHALLOW NATURAL GAS 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 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 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 27 Thursday Terry Miller 104 8:00 AM Budget Discussion Continued ---------------------------------------- 2003-03-26 Senate Journal Page 0600 FINANCE SUBCOMMITTEES (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 Apr 03 Thursday Senate Finance 532 3:30 PM ---------------------------------------- HEALTH & SOCIAL SERVICES 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 2003-03-26 Senate Journal Page 0601 FINANCE SUBCOMMITTEES (continued) HEALTH & SOCIAL SERVICES (continued) 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 11:00 AM -- Time Change -- ---------------------------------------- PUBLIC SAFETY Apr 01 Tuesday Fahrenkamp 203 4:00 PM Apr 08 Tuesday Fahrenkamp 203 4:00 PM ---------------------------------------- 2003-03-26 Senate Journal Page 0602 FINANCE SUBCOMMITTEES (continued) REVENUE Mar 28 Friday Butrovich 205 8:00 AM Department Overview Apr 09 Wednesday Beltz 211 4:00 PM -- Time Change -- ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES 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 ---------------------------------------- OTHER MEETINGS 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