Legislature(2003 - 2004)

2004-01-30 Senate Journal

Full Journal pdf

2004-01-30                     Senate Journal                      Page 2033
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                      Friday                 January 30, 2004                       
                                                                                                    
                                Nineteenth Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 10:22 a.m.                                                                            
                                                                                                    
The roll showed seventeen members present. Senators Cowdery,                                        
Davis, Wagoner were excused from a call of the Senate.                                              
                                                                                                    
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 and                                       
       convictions of all Alaskans, I offer the following                                           
       prayer:                                                                                      
                                                                                                    
       Father in Heaven, send Your Holy Spirit upon all who                                         
       work in state government to be their helper and guide.                                       
       Give them the spirit of wisdom and understanding, the                                        
       spirit of right judgment and courage, the spirit of                                          
       knowledge and reverence. Fill them with the spirit of                                        
       wonder and awe in Your presence.                                                             
                                                                                                    
       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 the gifts You                                        
       have given us. 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.                                                                                        
                                                                                                    

2004-01-30                     Senate Journal                      Page 2034
Senator Ogan led the Senate in the Pledge of Allegiance.                                            
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the seventeenth and eighteenth legislative days be                                     
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated January 28 was read, stating:                                                         
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Twenty-third Alaska Legislature at 11:00 a.m. on                                     
Tuesday, March 16, for the purpose of hearing U.S. Senator Lisa                                     
Murkowski present her annual message to the Legislature.                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate accept the House invitation to meet in Joint Session. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
Message dated January 28 was read, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 30                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 30(STA) am BY THE                                                 
HOUSE STATE AFFAIRS COMMITTEE,                                                                      
                                                                                                    
             Relating to supporting the repeal of the Government                                   
                 Pension Offset and the Windfall Elimination                                       
          Provisions from the Social Security Act.                                                  
                                                                                                    
was read the first time and referred to the State Affairs and Health,                               
Education and Social Services Committees.                                                           

2004-01-30                     Senate Journal                      Page 2035
                          Standing Committee Reports                                             
                                                                                                    
Reports dated January 28 were read, stating:                                                        
                                                                                                    
In accordance with AS 24.60.130, the Senate Judiciary Committee                                     
reviewed the following and recommended the appointments be                                          
forwarded for consideration:                                                                        
                                                                                                    
Select Committee on Legislative Ethics                                                            
     H. Conner Thomas                                                                               
     Ann Rabinowitz                                                                                 
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individuals during any further sessions.                                                
                                                                                                    
Signing the reports: Senator Seekins, Chair; Senators Ogan, French.                                 
                                                                                                    
Senator Ben Stevens moved that H. Conner Thomas be confirmed as a                                   
Public Member to the Select Committee on Legislative Ethics.                                        
                                                                                                    
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 H. Conner Thomas be confirmed as a                                       
Public Member to the Select Committee on Legislative Ethics?" The                                   
roll was taken with the following result:                                                           
                                                                                                    
Confirm H. Conner Thomas as a public member to                                                      
the Select Committee on Legislative Ethics?                                                         
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                   
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wilken                                                                                  
                                                                                                    
Excused:  Cowdery, Davis, Wagoner                                                                   
                                                                                                    
and so, H. Conner Thomas was confirmed by the Senate.                                               
                                                                                                    
                                                                                                    

2004-01-30                     Senate Journal                      Page 2036
Senator Ben Stevens moved that Ann Rabinowitz be confirmed as a                                     
Public Member to the Select Committee on Legislative Ethics.                                        
                                                                                                    
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 Ann Rabinowitz be confirmed as a Public                                  
Member to the Select Committee on Legislative Ethics?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
Confirm Ann Rabinowitz as a public member to                                                        
the Select Committee on Legislative Ethics?                                                         
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                   
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                       
Therriault, Wilken                                                                                  
                                                                                                    
Excused:  Cowdery, Davis, Wagoner                                                                   
                                                                                                    
and so, Ann Rabinowitz was confirmed by the Senate.                                                 
                                                                                                    
SB 217                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 217 "An Act relating to genetic privacy; and                                        
amending Rule 82, Alaska Rules of Civil Procedure, and Rule 508,                                    
Alaska Rules of Appellate Procedure" and recommended it be                                          
replaced with                                                                                       
                                                                                                    
                   CS FOR SENATE BILL NO. 217(HES) "An Act                                         
          relating to genetic privacy."                                                             
                                                                                                    
Signing do pass: Senator Dyson, Chair. Signing no recommendation:                                   
Senator Guess. Signing amend: Senators Green, Wilken.                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Law                                                
 Fiscal Note No. 2, zero, Department of Public Safety                                               
 Fiscal Note No. 3, zero, Alaska Court System                                                       
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   

2004-01-30                     Senate Journal                      Page 2037
SB 241                                                                                            
The Resources Committee considered SENATE BILL NO. 241 "An                                          
Act making an appropriation to the Alaska Natural Gas Development                                   
Authority; and providing for an effective date." Signing no                                         
recommendation: Senator Ogan, Chair; Senators Ben Stevens, Dyson.                                   
Signing do pass: Senators Seekins, Elton.                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 264                                                                                            
The Resources Committee considered SENATE BILL NO. 264 "An                                          
Act repealing the time limitation on the authority of the Department of                             
Natural Resources to enter into agreements with a person or persons                                 
desiring to own an oil or natural gas pipeline proposed to be located on                            
state land for the purposes of providing for payment of the reasonable                              
costs incurred in preparing for activities before receipt of an                                     
application under the Alaska Right-of-Way Leasing Act; and                                          
providing for an effective date." Signing do pass: Senator Ogan, Chair;                             
Senators Ben Stevens, Seekins, Dyson. Signing no recommendation:                                    
Senator 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.                                                       
                                                                                                    
HB 260                                                                                            
The Health, Education and Social Services Committee considered CS                                   
FOR HOUSE BILL NO. 260(JUD) "An Act relating to immunity for                                        
free health care services provided by certain health care providers; and                            
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          260(HES)                                                                                  
                                                                                                    
Signing do pass: Senator Dyson, Chair; Senator Wilken. Signing                                      
amend: Senators Green, Guess.                                                                       
                                                                                                    
The following fiscal information was published today:                                               
     Fiscal Note No. 2, zero, Department of Community and Economic                                  
          Development                                                                               

2004-01-30                     Senate Journal                      Page 2038
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 286                                                                                            
SENATE BILL NO. 286 BY SENATORS STEDMAN BY                                                          
REQUEST OF THE JOINT LEGISLATIVE SALMON INDUSTRY                                                    
TASK FORCE, Ben Stevens, Elton, entitled:                                                           
                                                                                                    
          "An Act relating to direct marketing fisheries                                            
          businesses, to the fisheries business tax, and to                                         
          liability for payment of taxes and assessments on the                                     
          sale or transfer of fishery resources; and providing                                      
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 287                                                                                            
SENATE BILL NO. 287 BY SENATOR THERRIAULT, entitled:                                                
                                                                                                    
             "An Act relating to review of regulations under the                                   
               Administrative Procedure Act by the Legislative                                     
            Affairs Agency; and providing for an effective date."                                  
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - L. James "Smiley" Shields                                                                
Representative(s) McGuire                                                                           
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, French, Green, Guess, Hoffman, Lincoln, Seekins, Stedman,                                    
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    

2004-01-30                     Senate Journal                      Page 2039
Senator Ben Stevens moved and asked unanimous consent that the                                      
citation be adopted. Without objection, the citation was adopted and                                
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Seekins moved and asked unanimous consent to be excused                                     
from a call of the Senate from evening plane time, February 9 to                                    
morning plane time, February 15. Without objection, Senator Seekins                                 
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., February 2, 2004.                                     
Without objection, the Senate adjourned at 10:44 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                January 2004                        

2004-01-30                     Senate Journal                      Page 2040
                                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 30        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 02        Monday                       Fahrenkamp 203             1:30 PM                     
+ SB 266 BRISTOL BAY OIL & GAS LEASE SALE CLOSURE                                                   
                                                                                                    
Feb 04        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ SB 250 NATURAL GAS LEASES ON THE KENAI PENINSULA                                                  
                ** Teleconference <Listen Only> **                                                  
              ** No Public Testimony Will Be Heard**                                                
                                                                                                    
Feb 06        Friday                       Fahrenkamp 203             1:30 PM                     
+ SB 260 METROPOLITAN PLANNING ORGANIZATIONS                                                        
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 30        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 02        Monday                    Senate Finance 532          10:00 AM                      
              --  Time Change --                                                                    
     SB 283 APPROP:  REVERSE 2003 CBR SWEEP                                                         
              Bills Previously Heard/Scheduled                                                      
                                                                                                    

2004-01-30                     Senate Journal                      Page 2041
                             FINANCE (continued)                                                 
                                                                                                    
Feb 03        Tuesday                   Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 04        Wednesday                 Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 05        Thursday                  Senate Finance 532            9:00 AM                     
              Alaska Mental Health Trust Authority                                                  
              Presentation by Mr. Jeff Jessee                                                       
              Executive Director                                                                    
              Veteran's Home Project Update                                                         
              Presentation by Governor Murkowski's                                                  
              Administration                                                                        
     HB 374 SENIORCARE                                                                              
              <Pending Referral>                                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 06        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 02        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 04        Wednesday                       Butrovich 205           1:30 PM                     
+ SB 201 HOME & RESPITE CARE: CRIMINAL RECORDS                                                      
+ SB 277 STUDENT LOAN PROGRAMS                                                                      
+ SB 239 LENGTH OF SCHOOL TERM                                                                      
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Jan 30        Friday                          Butrovich 205           8:00 AM                     
+ SB 244 INCREASE FINE FOR SCHOOL ZONE VIOLATIONS                                                   
+= SB 203 OFFICE OF ADMINISTRATIVE HEARINGS                                                         
                                                                                                    
Feb 02        Monday                          Butrovich 205           8:00 AM                     
              No Meeting Scheduled                                                                  

2004-01-30                     Senate Journal                      Page 2042
                            JUDICIARY (continued)                                                
                                                                                                    
Feb 04        Wednesday                       Butrovich 205           8:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 06        Friday                          Butrovich 205           8:00 AM                     
+ SB 217 GENETIC PRIVACY                                                                            
+= SB 203 OFFICE OF ADMINISTRATIVE HEARINGS                                                         
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 03        Tuesday                               Beltz 211         1:30 PM                     
+ SB 273 ASMI BOARD/ SEAFOOD TAXES & ASSESSMENTS                                                    
+= HB 305 UNEMPLOYMENT COMPENSATION BENEFITS                                                        
+ SB 276 ALASKA INSURANCE GUARANTY ASSOCIATION                                                      
                                                                                                    
Feb 05        Thursday                              Beltz 211         1:30 PM                     
              Committee Work Session on Pull-tab                                                    
              Regulations                                                                           
              <Teleconference and Testimony                                                         
              by Invitation Only>                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Jan 30        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 02        Monday                          Butrovich 205           3:30 PM                     
+ HB  98 SPORT FISHING SEASONS FOR YOUTH                                                            
+ HB 196 CARBON SEQUESTRATION                                                                       
+= HCR 10 RESTORATION OF RIPARIAN HABITAT                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 04        Wednesday                       Butrovich 205           3:30 PM                     
+ SB 265 OIL&GAS LEASE SALE SCHEDULE/NOTIFICATION                                                   
+ SB 266 BRISTOL BAY OIL & GAS LEASE SALE CLOSURE                                                   
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 06        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  

2004-01-30                     Senate Journal                      Page 2043
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 03        Tuesday                               Beltz 211         3:30 PM                     
+ SB 279 AHFC WATER & SEWER BONDS                                                                   
     HB 288 CHANGING NAME OF DEPT OF COMM & ECON DEV.                                               
+ SB 270 AVALANCHE AWARENESS MONTH                                                                  
                                                                                                    
Feb 05        Thursday                              Beltz 211         3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Feb 03        Tuesday                         Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 05        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               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 BUDGET & AUDIT                                             
                                                                                                    
Feb 19        Thursday                   House Finance 519           12:00 PM                     
              Audits and Other Committee Business                                                   
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Feb 05        Thursday                  Senate Finance 532            4:00 PM                     
              Agenda to be Announced                                                                
                   ----------------------------------------                                        
                                                                                                    

2004-01-30                     Senate Journal                      Page 2044
                                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.                                                               
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Feb 25        Wednesday                    House Chamber            11:00 AM                      
              State of the Judiciary                                                                
              Chief Justice Alexander O. Bryner                                                     
                                                                                                    
Mar 16        Tuesday                      House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski