Legislature(2003 - 2004)

2004-01-26 Senate Journal

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2004-01-26                     Senate Journal                      Page 2009
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Monday                  January 26, 2004                       
                                                                                                    
                                Fifteenth Day                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:18 a.m.                                                                            
                                                                                                    
The roll showed eighteen members present. Senator Dyson was                                         
excused from a call of the Senate.  Senator Davis was absent.                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
Senator Davis be excused from a call of the Senate today through                                    
January 30. Without objection, Senator Davis was excused.                                           
                                                                                                    
The prayer was offered by the Chaplain, Father Thomas Weise of St.                                  
Paul's Catholic Church. Senator Hoffman moved and asked                                             
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          With the deepest respect for the religious beliefs of                                     
          all Alaskans, I offer the following prayer:                                               
                                                                                                    
          "Have mercy on me, O Gracious One, according to                                           
          Your steadfast love. According to Your abundant                                           
          kindness, forgive me where my thoughts and deeds                                          
          have hurt others.  Lead me in the paths of justice,                                       
          guide my steps on paths of peace!                                                         
                                                                                                    
          Teach me, that I may know my weakness, the                                                
          shortcomings that bind me, the unloving ways that                                         
          separate me, that keep me from recognizing Your life                                      
          in me; for, I keep company with fear, and dwell in the                                    
          house of ignorance. Yet, I was brought forth in love,                                     
          and love is my birthright."  (Psalm 51)                                                   
                                                                                                    

2004-01-26                     Senate Journal                      Page 2010
          Gracious God, You created us and placed us within                                         
          families to learn how to love and be loved. We praise                                     
          You for Your goodness. We thank You for Your                                              
          gifts. Bless our state with Your love. Raise up in                                        
          Alaska good and holy families, loving husbands and                                        
          wives, devoted parents and children. Raise up from                                        
          our families and friends dedicated and generous                                           
          leaders who will serve as model Alaskans in our                                           
    communities.                                                     Amen.                         
                                                                                                    
Senator Seekins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the twelfth through fourteenth legislative days be                                     
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 275                                                                                            
Corrected fiscal note from the Senate Rules Committee for SENATE                                    
BILL NO. 275 "An Act relating to certain fees or other monetary                                     
charges of the Department of Environmental Conservation; relating to                                
action against Department of Environmental Conservation permits and                                 
other authorizations for failure to pay a monetary charge; and                                      
providing for an effective date" published today:                                                   
         Fiscal Note No. 1, Department of Environmental Conservation                               
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 280                                                                                            
SENATE BILL NO. 280 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
                                                                                                    

2004-01-26                     Senate Journal                      Page 2011
               "An Act relating to fines for an infraction; and                                    
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
     Fiscal Note No. 1, zero, Department of Public Safety                                           
     Fiscal Note No. 2, zero, Department of Law                                                     
                                                                                                    
Governor's transmittal letter dated January 23:                                                     
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill that would raise the maximum                                 
fine that may be imposed for an infraction under AS 28 from $300 to                                 
$750.                                                                                               
                                                                                                    
While the majority of the bail amounts for infractions related to AS 28                             
are established by the Alaska Supreme Court, there are a select                                     
number of offenses that require a mandatory court appearance. In                                    
these cases, the magistrate or judge can determine the amount of the                                
fine to be imposed. Currently, the maximum amount is $300. Such                                     
infractions include behavior ranging, for example, from negligent                                   
driving to minor operating a vehicle after consuming alcohol.                                       
                                                                                                    
The maximum fine for an infraction under AS 28.40.050 has been                                      
$300 for over 27 years. The punitive and deterrent effect of such a low                             
amount has greatly diminished over the years, and an increased                                      
amount is a more accurate reflection of current values.                                             
                                                                                                    
By raising the maximum amount that could be applied to infractions,                                 
magistrates and judges will have the ability to more appropriately                                  
address aggravated violations of specific offenses. Those offenses, by                              
their very nature, are the most serious of the infractions and the ability                          
of the courts to apply a higher degree of penalty is long overdue.                                  
                                                                                                    
                                                                                                    
                                                                                                    

2004-01-26                     Senate Journal                      Page 2012
I urge your prompt and favorable consideration of this proposal.                                    
                                                                                                    
Sincerely yours,                                                                                    
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                         House Bills in Third Reading                                            
                                                                                                    
HB 209                                                                                            
CS FOR HOUSE BILL NO. 209(RLS) "An Act relating to municipal                                        
property tax adjustments for property affected by a disaster," which                                
had been returned to the Rules Committee (page 1911), was before the                                
Senate in third reading.                                                                            
                                                                                                    
Senator Ogan moved and asked unanimous consent to abstain from                                      
voting due to a conflict of interest. Objections were heard and Senator                             
Ogan was required to vote.                                                                          
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 209(RLS) "An                                       
Act relating to municipal property tax adjustments for property                                     
affected by a disaster" pass the Senate?" The roll was taken with the                               
following result:                                                                                   
                                                                                                    
CSHB 209(RLS)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Davis, Dyson                                                                              
                                                                                                    
and so, CS FOR HOUSE BILL NO. 209(RLS) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    

2004-01-26                     Senate Journal                      Page 2013
                                  Citations                                                      
                                                                                                    
Honoring - Commander Sergio D.B. Cerda                                                              
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, French, Green, Guess, Hoffman, Lincoln, Seekins, Stedman,                                    
Ben Stevens, Wagoner, Wilken                                                                        
                                                                                                    
In Memoriam - Gail Marie (Rabideau) Levesque                                                        
Senator(s) Green, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary                                        
Stevens, Wagoner, 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 Stedman moved and asked unanimous consent to be excused                                     
from a call of the Senate from February 16 through plane time,                                      
February 17. Without objection, Senator Stedman was excused.                                        
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 13. Without objection, Senator                                
Lincoln was excused.                                                                                
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., January 28, 2004.                                     
Without objection, the Senate adjourned at 11:36 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                January 2004                        

2004-01-26                     Senate Journal                      Page 2014
                                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                                            
                                                                                                    
Jan 26        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 28        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 30        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 26        Monday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 27        Tuesday                   Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 28        Wednesday                 Senate Finance 532            9:00 AM                     
     SJR  3 CONST AM: APPROPRIATION/SPENDING LIMIT                                                  
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Jan 29        Thursday                  Senate Finance 532            9:00 AM                     
= SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                   
     HB 215  ONE PERCENT FOR ART                                                                    
              Bills Previously Heard/Scheduled                                                      

2004-01-26                     Senate Journal                      Page 2015
                              FINANCE(continued)                                                 
                                                                                                    
Jan 30        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Jan 26        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 28        Wednesday                       Butrovich 205           1:30 PM                     
+ HB 260 IMMUNITY FOR PROVIDING FREE HEALTH CARE                                                    
+ SB 217 GENETIC PRIVACY                                                                            
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Jan 26        Monday                          Butrovich 205           8:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 28        Wednesday                          Capitol 120          1:00 PM                     
              -- Time and Location Change --                                                        
+             Joint w/(H) Judiciary                                                                 
              Confirmation Hearings:                                                                
              Select Committee on Legislative Ethics                                                
              H. Conner Thomas                                                                      
              Ann Rabinowitz                                                                        
                                                                                                    
Jan 30        Friday                          Butrovich 205           8:00 AM                     
+ SB 244 INCREASE FINE FOR SCHOOL ZONE VIOLATIONS                                                   
+= SB 203 OFFICE OF ADMINISTRATIVE HEARINGS                                                         
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Jan 27        Tuesday                               Beltz 211         1:30 PM                     
+             Pulltabs Subcommittee Report                                                          
              <Listen Only Teleconference>                                                          
+ SB 237 AK RAILROAD EDUCATION APPRENTICE PROGRAM                                                   
                                                                                                    
                                                                                                    

2004-01-26                     Senate Journal                      Page 2016
                         LABOR & COMMERCE(continued)                                             
                                                                                                    
Jan 28        Wednesday                 Senate Finance 532            4:00 PM                     
              -- Time and Location Change --                                                        
              Joint w/(H) Labor and Commerce Meeting                                                
              Workers Compensation Overview and Update                                              
                                                                                                    
Jan 29        Thursday                              Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Jan 26        Monday                          Butrovich 205           3:30 PM                     
+ SB 271 NATURAL GAS DEVEL AUTHORITY PROJECTS                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Jan 28        Wednesday                       Butrovich 205           3:30 PM                     
+ SB 264 REPEAL PIPELINE PREAPPLICATION DEADLINE                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Jan 30        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Jan 27        Tuesday                               Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 29        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Jan 27        Tuesday                         Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 29        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        

2004-01-26                     Senate Journal                      Page 2017
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Feb 25        Wednesday                 Senate Finance 532            3:00 PM                     
              Alaskan Command's annual address by Lt.General Carrol                                 
              H."Howie" Chandler                                                                    
              Testimony by Invitation Only                                                          
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Feb 05        Thursday                  Senate Finance 532            4:00 PM                     
              Agenda to be announced                                                                
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Feb 03        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Children's Justice Act Task Force:                                                    
              This is a federally funded group that is tasked with                                  
              recommending improvements to the system of addressing child                           
              sexual abuse and exploitation.                                                        
                   ----------------------------------------                                        
                                                                                                    
                           ENERGY POLICY TASK FORCE                                              
                                                                                                    
Jan 28        Wednesday                           Anchorage           9:00 AM                     
              AIDEA/AEA BOARD ROOM                                                                  
              813 W. Northern Lights Blvd., Third Floor                                             
              9:00 am to 3:00 pm                                                                    
                   ----------------------------------------                                        
                                                                                                    
                            MISCELLANEOUS MEETINGS                                               
                                                                                                    
Jan 26        Monday                    Senate Finance 532            1:00 PM                     
              Senator Bunde will offer a presentation,                                              
              "The High School Graduation Qualifying Exam - A Refresher"                            
              to provide legislators staff and others the opportunity to review                     
              the history of the exam, what the law contains and new                                
              developments since 2001.  Copies of the Practice Test will be                         
              available.  All are welcome.