Legislature(2003 - 2004)
2003-04-08 Senate Journal
Full Journal pdf2003-04-08 Senate Journal Page 0743 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday April 8, 2003 Seventy-eighth Day Pursuant to adjournment the Senate was called to order by President Therriault at 11:15 a.m. The roll showed seventeen members present. Senators Hoffman, Ogan, Taylor were excused from a call of the Senate. The prayer was offered by the Chaplain, Father Anastasius Iwuoha of the Cathedral of the Nativity. Senator Olson moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. With due respect for our religious differences and beliefs, I invite you all again to join me in this prayer. Lord God, as we gather again today, we ask for Your assistance in our proceedings. We place our tasks and agenda before You for Your wisdom and guidance. Help us to move beyond our differences so that we continue to work together in doing what must be done to achieve our goals and objectives. And as we strive to take care of the needs of the people of Alaska, we ask Your blessing on all Alaska leaders, especially the senators here. Amen. Senator Wagoner led the Senate in the Pledge of Allegiance. 2003-04-08 Senate Journal Page 0744 Certification Senator Ben Stevens moved and asked unanimous consent that the journal for the seventy-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SB 74 Message dated April 7 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 74(RES) am "An Act extending the renewal period for oil discharge prevention and contingency plans; and providing for an effective date." The bill was referred to the Secretary for enrollment. HJR 18 Message dated April 7 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 18(MLV) am, thus adopting: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 18(STA) Supporting the men and women of the United States armed forces. Message dated April 7 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 160 CS FOR HOUSE BILL NO. 160(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: 2003-04-08 Senate Journal Page 0745 "An Act relating to the emission control permit program; relating to fees for that program and to the accounting of receipts deposited in the emission control permit receipts account; and providing for an effective date." was read the first time and referred to the Finance Committee. Standing Committee Reports Report dated April 7 was read stating: In accordance with Article III, Section 25 of the Alaska Constitution, the Senate Resources Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: Commissioner, Department of Fish and Game Kevin Duffy This does not reflect an intent by any of the members to vote for or against the individual during any further sessions. Signing the report: Senator Wagoner, Vice Chair; Senators Dyson, Seekins, Lincoln, Elton. SB 49 The Judiciary Committee considered SENATE BILL NO. 49 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date" and recommended the adoption of the State Affairs Committee Substitute offered on page 256. Signing do pass: Senator Seekins, Chair; Senator Therriault. Signing no recommendation: Senators Ellis, French. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Senate State Affairs Committee The bill was referred to the Rules Committee. 2003-04-08 Senate Journal Page 0746 SB 97 The Resources Committee considered SENATE BILL NO. 97 "An Act relating to public interest litigants and to attorney fees; and amending Rule 82, Alaska Rules of Civil Procedure." Signing do pass: Senator Wagoner, Vice Chair; Senator Seekins. Signing no recommendation: Senator Dyson. Signing amend: Senator Ben Stevens, Signing do not pass: Senators Elton, Lincoln. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, indeterminate, Department of Administration The bill was referred to the Judiciary Committee. SB 104 The Health, Education and Social Services Committee considered SENATE BILL NO. 104 "An Act repealing the charter school grant program; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 104(HES) Signing do pass: Senator Dyson, Chair; Senators Green, Wilken. Signing no recommendation: Senators Guess, Davis. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Education and Early Development The bill was referred to the Finance Committee. SB 105 The Health, Education and Social Services Committee considered SENATE BILL NO. 105 "An Act relating to eligibility requirements for medical assistance for certain children, pregnant women, and persons in a medical or intermediate care facility; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 105(HES) 2003-04-08 Senate Journal Page 0747 Signing do pass: Senator Dyson, Chair; Senators Green, Wilken. Signing do not pass: Senators Guess, Davis. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Health and Social Services The bill was referred to the Finance Committee. SB 110 The Health, Education and Social Services Committee considered SENATE BILL NO. 110 "An Act relating to admission to and advancement in public schools of children under school age; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 110(HES) "An Act relating to advancement in public schools of children under school age; and providing for an effective date." Signing do pass: Senator Dyson, Chair; Senators Green, Wilken. Signing no recommendation: Senators Guess, Davis. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Education and Early Development The bill was referred to the Finance Committee. SB 137 Forthcoming fiscal note (page 689) for the State Affairs Committee Substitute for SENATE BILL NO. 137(STA) "An Act imposing a tax on employment; and providing for an effective date" published today: Fiscal Note No. 1, Department of Revenue SB 171 Forthcoming fiscal note (page 700) for SENATE BILL NO. 171 "An Act relating to certain suits and claims by members of the military services or regarding acts or omissions of the organized militia; 2003-04-08 Senate Journal Page 0748 relating to liability arising out of certain search and rescue, civil defense, homeland security, and fire management and firefighting activities; and providing for an effective date" published today: Fiscal Note No. 3, indeterminate, Department of Administration HB 51 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 51(HES) "An Act requiring pharmacists to include generic drug information on containers in which brand-name prescription drug orders are dispensed." Signing do pass: Senator Dyson, Chair; Senators Green, Wilken, Davis. Signing no recommendation: Senator Guess. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Labor and Commerce Committee. Introduction and Reference of Senate Bills SB 178 SENATE BILL NO. 178 BY SENATOR TAYLOR, entitled: "An Act establishing a state lottery; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 179 SENATE BILL NO. 179 BY SENATOR THERRIAULT, entitled: "An Act allowing teacher certification for certain persons based on a criminal history background check without fingerprints." was read the first time and referred to the Health, Education and Social Services and Finance Committees. 2003-04-08 Senate Journal Page 0749 SB 180 SENATE BILL NO. 180 BY SENATOR THERRIAULT, entitled: "An Act establishing the Safety Code Task Force; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. Consideration of the Calendar Citations Honoring - Blake Stauffer, Eagle Scout Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken Honoring - Juneau Gold Rush Commission Representative(s) Weyhrauch, Kerttula Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Superior Court Judge Jonathan H. Link Representative(s) Wolf, Holm, Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens, Taylor, Wilken In Memoriam - Sheryl Roberta Nelson, Shandelle Marie Nelson, Adrienne Shalon Nore Representative(s) Wilson Senator(s) Taylor, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Wilken 2003-04-08 Senate Journal Page 0750 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 SB 138 President Therriault added a Health, Education and Social Services Committee referral to SENATE BILL NO. 138 "An Act annulling a regulation relating to use of collaborative practice authority by a pharmacist under written protocols approved by persons licensed to prescribe drugs; prohibiting the Board of Pharmacy from adopting a similar regulation in the future; and providing for an effective date." The bill was referred to the Health, Education and Social Services, then Labor and Commerce and Judiciary Committees. Senator Lincoln moved and asked unanimous consent to be excused from a call of the Senate on April 10 and 11. Without objection, Senator Lincoln was excused. Announcements Announcements are at the end of the journal. Enrollment SB 20 CS FOR SENATE BILL NO. 20(FIN) "An Act relating to the Board of Marine Pilots and to marine pilotage; extending the termination date of the Board of Marine Pilots; 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 1:38 p.m., April 8, 2003. 2003-04-08 Senate Journal Page 0751 Memorandum from Division of Legal and Research Services, Legislative Affairs Agency, was received, reporting the following manifest error in CS FOR SENATE BILL NO. 20(FIN) which has been corrected in enrolling: Page 3, line 7: Delete "Southeast" Insert: "Southeastern" Adjournment Senator Ben Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 9, 2003. Without objection, the Senate adjourned at 11:27 a.m. Kirsten Waid Secretary of the Senate April 2003 2003-04-08 Senate Journal Page 0752 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 Apr 09 Wednesday Fahrenkamp 203 1:30 PM + Legislative Directive for Unorganized Borough Review: Local Boundary Commission <Testimony by Invitation Only> Apr 11 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Apr 08 Tuesday Senate Finance 532 9:00 AM = SB 106 FEE FOR STUDDED TIRES <Previously scheduled for 4/7/03> SB 82 ALCOHOLIC BEVERAGE TAX FOR WINE & OTHERS SB 120 CLAIMS BY STATE-EMPLOYED SEAMEN HB 9 HOME INSPECTORS/CONTRACTORS Bills Previously Heard/Scheduled Apr 09 Wednesday Senate Finance 532 9:00 AM SB 153 LONG-TERM LEASES OF ALASKA RR LAND SB 173 SCIENCE & TECH FOUNDATION/BIDCO/INT.TRADE Bills Previously Heard/Scheduled Apr 10 Thursday Senate Finance 532 9:00 AM SB 136 RESIDENTIAL PROPERTY TAX EXEMPTION Bills Previously Heard/Scheduled 2003-04-08 Senate Journal Page 0753 FINANCE (continued) Apr 11 Friday Senate Finance 532 9:00 AM Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 09 Wednesday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled += SB 121 COMMUNITY SCHOOLS += SB 30 ABORTION: INFORMED CONSENT; INFORMATION + SB 157 INPATIENT PSYCHIATRIC SERVICES + SB 84 TEACHER LOAN REPAYMENT PROGRAM + SB 154 NURSE EDUC LOAN REPAYMENT PROGRAM Apr 11 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled + SB 160 CIVIL LIABILITY FOR DEFIBRILLATOR USE ---------------------------------------- JUDICIARY Apr 09 Wednesday Beltz 211 1:30 PM += SB 97 ATTY FEES: PUBLIC INTEREST LITIGANTS + SB 24 SPECIAL ABSENTEE BALLOTS + HB 46 PRIMARY ELECTION BALLOTS + Bills Previously Heard/Scheduled Apr 11 Friday Beltz 211 1:30 PM + SB 41 MEDICAID COSTS AND CRIMES SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 08 Tuesday Beltz 211 2:00 PM -- Time Change -- Bills Previously Heard/Scheduled + HB 118 TRANSPORTATION OF COMMERCIAL FISH + SB 13 INSURANCE DISCRIMINATION BY CREDIT RATING 2003-04-08 Senate Journal Page 0754 LABOR & COMMERCE (continued) Apr 10 Thursday Beltz 211 1:30 PM Bills Previously Heard/Scheduled + SB 128 COMMON CARRIER LIQUOR LICENSE ---------------------------------------- RESOURCES Apr 09 Wednesday Butrovich 205 3:30 PM += SB 142 DNR LEAD RESOURCE DEVELOPMENT PROJECTS + SB 164 EXTEND BOARD OF STORAGE TANK ASSISTANCE + Bills Previously Heard/Scheduled Apr 11 Friday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Apr 08 Tuesday Beltz 211 3:30 PM + SCR 6 LOCATION OF NEW SEAFOOD LAB SB 22 CRIME VICTIMS' COMP.:SEXUAL ABUSE/ASSAULT <Bill Hearing Postponed to 4/10/03> + SB 158 MOVE DOMESTIC VIOLENCE COUNCIL TO DHSS += HB 52 SEX CRIME AND PORNOGRAPHY FORFEITURES <Bill Hearing Rescheduled from 4/3/03> += SB 148 PFD: ALLOWABLE ABSENCE FOR MILITARY SVC <Bill Hearing Rescheduled from 4/3/03> += SB 146 COMMEMORATIVE VETERANS LICENSE PLATE <Bill Hearing Rescheduled from 4/3/03> Bills Previously Heard/Scheduled Apr 10 Thursday Beltz 211 3:30 PM + SB 159 PAROLE FOR MEDICAL / COGNITIVE DISABILITY + HB 2 CIVIL STATUTE OF LIMITATIONS/SEX OFFENSES += SB 22 CRIME VICTIMS' COMP.:SEXUAL ABUSE/ASSAULT <Bill Hearing Rescheduled from 4/8/03> += SB 85 REPEAT SERIOUS SEX OFFENSES <Bill Hearing Rescheduled from 4/3/03> Bills Previously Heard/Scheduled += SB 119 ELIMINATE APOC ---------------------------------------- 2003-04-08 Senate Journal Page 0755 TRANSPORTATION Apr 08 Tuesday Butrovich 205 1:30 PM = SB 140 ROAD SIGNS TO PLACES OF PUBLIC ASSEMBLY + SB 98 LIABILITY: PLANE AND BOAT PASSENGERS Bills Previously Heard/Scheduled Apr 10 Thursday Butrovich 205 1:30 PM SJR 14 FAA FLIGHT SERVICE STATIONS Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Apr 10 Thursday Beltz 211 8:00 AM -- Rescheduled from 4/3/03 -- FY04 Budget Close-out ---------------------------------------- CORRECTIONS 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 ---------------------------------------- COURT SYSTEM Apr 10 Thursday Senate Finance 532 11:30 AM FY04 Budget Close-out ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Apr 10 Thursday Senate Finance 532 5:30 PM Operating Budget Close-out ---------------------------------------- 2003-04-08 Senate Journal Page 0756 FINANCE SUBCOMMITTEES (continued) ENVIRONMENTAL CONSERVATION Apr 10 Thursday Fahrenkamp 203 1:00 PM ---------------------------------------- HEALTH & SOCIAL SERVICES 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 ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Apr 09 Wednesday Beltz 211 12:00 PM -- Rescheduled from 4/3/03 -- FY04 Budget Close-out ---------------------------------------- LAW Apr 11 Friday Beltz 211 8:00 AM -- Rescheduled from 4/4/03 -- FY04 Budget Close-out ---------------------------------------- MILITARY AND VETERANS AFFAIRS Apr 08 Tuesday Fahrenkamp 203 11:00 AM -- Meeting Canceled -- Apr 11 Friday Butrovich 205 12:30 PM ---------------------------------------- 2003-04-08 Senate Journal Page 0757 FINANCE SUBCOMMITTEES (continued) NATURAL RESOURCES Apr 09 Wednesday Beltz 211 8:30 AM -- Time Change -- -- Rescheduled from 4/2/03 -- FY04 Budget Close-out ---------------------------------------- PUBLIC SAFETY Apr 08 Tuesday Fahrenkamp 203 4:00 PM ---------------------------------------- REVENUE Apr 09 Wednesday Beltz 211 4:00 PM -- Time Change -- ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Apr 09 Wednesday Senate Finance 532 7:00 AM Commissioner Joel Gilbertson Dept of Health and Social Services Apr 29 Tuesday House Finance 519 8:00 AM Audits and Other Committee Business ---------------------------------------- OTHER MEETINGS JOINT SESSION Apr 25 Friday House Chamber 11:00 AM Address by U.S. Senator Lisa Murkowski