Legislature(2003 - 2004)
2004-01-26 Senate Journal
Full Journal pdf2004-01-26 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.