Legislature(2003 - 2004)
2004-01-30 Senate Journal
Full Journal pdf2004-01-30 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