Legislature(2003 - 2004)
2004-02-25 Senate Journal
Full Journal pdf2004-02-25 Senate Journal Page 2283 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday February 25, 2004 Forty-fifth Day Pursuant to adjournment the Senate was called to order by President Therriault at 10:55 a.m. The roll showed nineteen members present. Senator Davis was excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Dan Doran of Faith Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Almighty God, You have given us this good land as our heritage. Make us always remember Your generosity and constantly strive to do Your will. Bless those who hold office in the government of this state, that they do their work in a spirit of wisdom, kindness, and justice for all. Help our leaders use their authority to serve faithfully to the end that the general welfare is promoted. Help them to be good stewards of all that which is a gift from You. Bless their efforts and give them adequate rest from their labors. All this we ask in the name of Your Son Amen. Senator Wagoner led the Senate in the Pledge of Allegiance. Certification Senator Ben Stevens moved and asked unanimous consent that the journals for the forty-third and forty-fourth legislative days be approved as certified by the Secretary with the following notation: 2004-02-25 Senate Journal Page 2284 The advancement of SENATE BILL NO. 264 (Repeal Pipeline Preapplication Deadline) to third reading on February 23 (page 2266) was invalid. Article 2, Section 14 of the Alaska Constitution requires a vote of three-fourths of the body, which is 15 members. Since the motion did not receive the necessary votes, the bill has been placed back on today's calendar under Third Reading of Senate Bills. Without objection, the journals were certified. Recess Senator Ben Stevens moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 11:08 a.m. After Recess Joint Session in the House Speaker Kott called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Therriault, who called the Joint Session to order at 11:15 a.m. The purpose of the Joint Session was to hear an address by the Honorable Chief Justice Alexander O. Bryner. Senator Ben Stevens moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. President Therriault appointed Representatives Berkowitz and Kerttula to escort Chief Justice Bryner to the Joint Session. 2004-02-25 Senate Journal Page 2285 The Senate Sergeant at Arms, Jamiann Stevens, announced Chief Justice Bryner's entrance to the House Chamber. The Honorable Chief Justice Alexander O. Bryner was escorted to the rostrum and introduced by President Therriault. Chief Justice Bryner delivered his address. This address appears in House and Senate Joint Journal Supplement No. 15. The Chief Justice received a standing ovation and was escorted from the chamber by Representatives Kerttula and Berkowitz. Senator Ben Stevens moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Therriault adjourned the Joint Session at 11:44 a.m. After Recess In the Senate The Senate reconvened at 11:49 a.m. Messages from the Governor SCR 21 Message dated and received February 24 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 21 Relating to declaring March 2004 as Sobriety Awareness Month. Legislative Resolve No. 36 2004-02-25 Senate Journal Page 2286 Messages from the House Message dated February 23 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., Friday, April 2 instead of the previously scheduled time to hear U.S. Senator Lisa Murkowski address 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. Messages dated February 23 and 24 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 337 CS FOR HOUSE BILL NO. 337(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to anatomical donor registries, to an anatomical gift awareness fund, to an anatomical gift awareness program, to motor vehicle licenses and registrations, and to state identification cards." was read the first time and referred to the State Affairs and Finance Committees. HB 340 CS FOR HOUSE BILL NO. 340(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to damages in an action for a defect in the design, construction, and remodeling of certain dwellings; and providing for an effective date." 2004-02-25 Senate Journal Page 2287 was read the first time and referred to the Labor and Commerce and Judiciary Committees. HB 348 CS FOR HOUSE BILL NO. 348(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the rights of certain victims of crime to receive information about the office of victims' rights and the Violent Crimes Compensation Board." with a House Letter of Intent, was read the first time and referred to the Judiciary Committee. HB 397 CS FOR HOUSE BILL NO. 397(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to defense contacts with and recordings of statements of victims and witnesses of sexual offenses." was read the first time and referred to the Judiciary Committee. HB 398 CS FOR HOUSE BILL NO. 398(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to domestic violence fatality review teams." was read the first time and referred to the Judiciary Committee. Communications The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: 2004-02-25 Senate Journal Page 2288 Department of Education and Early Development, Special Education Service Agency, Sunset Review, December 18, 2003 Department of Environmental Conservation, Village Safe Water Program, Selected Projects, November 19, 2003 Standing Committee Reports SB 224 The Transportation Committee considered SENATE BILL NO. 224 "An Act relating to lowering the legal level of intoxication for operating a motor vehicle, aircraft, or watercraft to .02 percent or the equivalent for persons under 21 years of age; relating to implied consent for purposes of determining consumption of alcohol; and providing for an effective date." Signing do pass: Senators Cowdery, Wagoner, Cochairs. Signing no recommendation: Senators Therriault, Lincoln. The following fiscal information was published today: Fiscal Note No. 1, Department of Administration Fiscal Note No. 2, indeterminate, Department of Public Safety Fiscal Note No. 3, indeterminate, Department of Law Fiscal Note No. 4, indeterminate, Department of Corrections President Therriault added a Finance Committee referral to the bill. The bill was referred to the State Affairs, then Finance Committees. SB 269 The Health, Education and Social Services Committee considered SENATE BILL NO. 269 "An Act relating to access to the library records of a child by a parent or guardian" and recommended the adoption of the Community and Regional Affairs Committee Substitute offered on page 2222. Signing do pass: Senator Green, Vice Chair; Senator Wilken. Signing no recommendation: Senator Guess. 2004-02-25 Senate Journal Page 2289 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, zero, Department of Education and Early Development The bill was referred to the Rules Committee. SB 284 Forthcoming fiscal information (page 2211) for the State Affairs Committee Substitute for SENATE BILL NO. 284 "An Act relating to an optional election to prevent the name and address of a permanent fund dividend applicant from being disclosed, except to a state or federal agency" published today: Fiscal Note No. 1, Department of Revenue SJR 26 Forthcoming Resources Committee Substitute (page 2263) for SENATE JOINT RESOLUTION NO. 26 Requesting the United States Department of the Interior and the United States Department of Justice to appeal the decision of the United States Court of Appeals for the Ninth Circuit in The Wilderness Society v. United States Fish and Wildlife Service and to seek an emergency stay of the decision pending an appeal of the decision to the United States Supreme Court, was received today: CS FOR SENATE JOINT RESOLUTION NO. 26(RES) Requesting the United States Department of the Interior and the United States Department of Justice to appeal the decision of the United States Court of Appeals for the Ninth Circuit in The Wilderness Society v. United States Fish and Wildlife Service and to seek an emergency stay of the decision pending an appeal of the decision. HJR 30 The Health, Education and Social Services Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 30(STA) am Relating to supporting the repeal of the Government Pension Offset and the Windfall Elimination Provisions from the Social Security Act. Signing do pass: Senator Green, Vice Chair; Senators Guess, Wilken. 2004-02-25 Senate Journal Page 2290 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 331 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 331 BY SENATOR FRENCH, entitled: "An Act relating to removing political organizations and nonprofit trade associations from being qualified organizations for the purpose of conducting bingo and pull-tab games but not other forms of charitable gaming." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 353 SENATE BILL NO. 353 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act relating to repealing a requirement for a day- care facility in the Fairbanks courthouse; and providing for an effective date." was read the first time and referred to the Finance Committee. Consideration of the Calendar Second Reading of House Bills HB 304 HOUSE BILL NO. 304 "An Act naming the Jack Coghill Bridge to the Interior" was read the second time. Senator Ben Stevens moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. 2004-02-25 Senate Journal Page 2291 HOUSE BILL NO. 304 was read the third time. Senator Ellis moved and asked unanimous consent that Senator Lincoln be shown as a cross sponsor on the bill. Without objection, it was so ordered. Senators Seekins, Wagoner, Gary Stevens, Dyson, French, Ben Stevens, Guess, Stedman, Cowdery, Bunde, Hoffman, Olson, Wilken moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall HOUSE BILL NO. 304 "An Act naming the Jack Coghill Bridge to the Interior" pass the Senate?" The roll was taken with the following result: HB 304 Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Davis Absent: Lincoln and so, HOUSE BILL NO. 304 passed the Senate, was signed by the President and Secretary and returned to the House. Third Reading of Senate Bills SB 264 SENATE BILL NO. 264 was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: 2004-02-25 Senate Journal Page 2292 SB 264 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Davis Absent: Lincoln and so, SENATE BILL NO. 264 passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 265 CS FOR SENATE BILL NO. 265(RES) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 265(RES) "An Act relating to the schedule of proposed oil and gas lease sales and to a related report to the legislature; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 265(RES) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Davis Absent: Bunde, Lincoln and so, CS FOR SENATE BILL NO. 265(RES) passed the Senate. 2004-02-25 Senate Journal Page 2293 Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 266 SENATE BILL NO. 266 was read the third time. The question being: "Shall SENATE BILL NO. 266 "An Act approving an interim classification by the commissioner of natural resources closing certain land within the area of the proposed Bristol Bay (Alaska Peninsula) competitive oil and gas areawide lease sale to oil and gas exploration licensing and shallow natural gas leasing; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 266 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Davis Absent: Lincoln and so, SENATE BILL NO. 266 passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations In Memoriam - Lyndsey Marie Kvasnikoff Representative(s) Chenault Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary Stevens, Wilken 2004-02-25 Senate Journal Page 2294 In Memoriam - Edna Hester Representative(s) Ogg Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben 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. Senator Ben Stevens moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Barbara Andrews-Mee Representative(s) Harris Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken 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 President Therriault announced the policy on citations. The limit is ten citations per member per session, not including In Memoriam citations. Senator Guess moved and asked unanimous consent to be excused from a call of the Senate on February 27. Without objection, Senator Guess was excused. Senator Cowdery moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, February 27 to evening plane time, February 29. Without objection, Senator Cowdery was excused. 2004-02-25 Senate Journal Page 2295 Announcements Announcements are at the end of the journal. Engrossment SB 264 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 265 CS FOR SENATE BILL NO. 265(RES) "An Act relating to the schedule of proposed oil and gas lease sales and to a related report to the legislature; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 266 SENATE BILL NO. 266 "An Act approving an interim classification by the commissioner of natural resources closing certain land within the area of the proposed Bristol Bay (Alaska Peninsula) competitive oil and gas areawide lease sale to oil and gas exploration licensing and shallow natural gas leasing; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2004-02-25 Senate Journal Page 2296 Adjournment Senator Ben Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., February 27, 2004. Without objection, the Senate adjourned at 12:16 p.m. Kirsten Waid Secretary of the Senate February 2004 2004-02-25 Senate Journal Page 2297 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 Feb 25 Wednesday Fahrenkamp 203 1:30 PM + SJR 25 FLOODING AND EROSION CONTROL ASSISTANCE + SB 328 NATIONAL FOREST INCOME PROGRAM/DCED REGS Feb 27 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 25 Wednesday Senate Finance 532 9:00 AM No Meeting Scheduled Feb 26 Thursday Senate Finance 532 9:00 AM + SB 348 ROYALTY OIL CONTRACT SALE APPROVAL + SB 273 ASMI BOARD/ SEAFOOD TAXES & ASSESSMENTS += SB 313 FIRST SUPPLEMENTAL APPROPRIATION += SB 314 SECOND SUPPLEMENTAL APPROPRIATION + Bills Previously Heard/Scheduled Feb 27 Friday Senate Finance 532 9:00 AM + SB 276 ALASKA INSURANCE GUARANTY ASSOCIATION += SB 289 EXTENDING THE SPECIAL ED SERVICE AGENCY + SB 194 LIQUOR DELIVERED TO HOTELS/CRUISE SHIPS + Bills Previously Heard/Scheduled ---------------------------------------- 2004-02-25 Senate Journal Page 2298 HEALTH, EDUCATION & SOCIAL SERVICES Feb 25 Wednesday Butrovich 205 1:30 PM += SB 301 PIONEERS' HOMES/VETERANS' HOMES += SB 274 HOUSING PROGRAMS + SCR 19 SUPPORTING FISHERIES EDUCATION + Bills Previously Heard/Scheduled += SB 239 LENGTH OF SCHOOL TERM Mar 03 Wednesday Butrovich 205 1:30 PM ---------------------------------------- JUDICIARY Feb 25 Wednesday Butrovich 205 8:00 AM + SB 333 IF UNREAS. AGENCY DELAY, COURT DECIDES + HB 260 IMMUNITY FOR PROVIDING FREE HEALTH CARE += SB 217 GENETIC PRIVACY += HB 252 OCC LICENSING: TERMS OF BD & CONT. EDUC Feb 27 Friday Butrovich 205 8:00 AM + SJR 24 CONST AM: GUARANTEE PERM FUND DIVIDEND + SJR 32 CONST AM: PERM FUND INCOME FOR DIVIDENDS += SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING += SJR 19 CONST. AM: PERMANENT FUND INCOME ---------------------------------------- LABOR & COMMERCE Feb 26 Thursday Beltz 211 1:30 PM + SB 324 FLORAL BUSINESS TELEPHONE LISTINGS <Bill Hearing Postponed> + SB 27 TRACKING OF PESTICIDE USE + Bills Previously Heard/Scheduled Including but Not Limited to: += SB 306 NATUROPATHIC MEDICINE += SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM += SB 315 ENTRY PERMIT BUY-BACK PROGRAM ---------------------------------------- 2004-02-25 Senate Journal Page 2299 RESOURCES Feb 25 Wednesday Senate Finance 532 3:30 PM -- Location Change -- + Overview Presentation: MidAmerican Energy Holding Co Feb 27 Friday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Feb 26 Thursday Beltz 211 3:30 PM + SB 327 ROLLERBLADERS REGULATED LIKE BICYCLES + SB 316 SEAT BELT VIOLATION AS PRIMARY OFFENSE + SB 245 PERS BENEFITS FOR HARBOR OFFICERS Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 26 Thursday Butrovich 205 1:30 PM No Meeting Scheduled Feb 28 Saturday Anch Lio Conf Rm 9:30 AM -- Time and Location Change -- Special Meeting: Overview of the Knik Arm Crossing 9:30 - 11:30 am ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Feb 27 Friday Fahrenkamp 203 8:00 AM FY 05 Budget Overview and Mission & Measures ---------------------------------------- 2004-02-25 Senate Journal Page 2300 ENVIRONMENTAL CONSERVATION Mar 02 Tuesday Fahrenkamp 203 1:30 PM Overview of Department of Environmental Conservation Budget ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 02 Tuesday Fahrenkamp 203 8:00 AM FY 05 Budget Overview and Mission & Measures ---------------------------------------- LAW Mar 02 Tuesday Fahrenkamp 203 4:00 PM FY 05 Budget Overview and Mission & Measures ---------------------------------------- MILITARY AND VETERANS AFFAIRS Mar 08 Monday Fahrenkamp 203 7:30 AM Overview of Department of Military and Veterans' Affairs Budget ---------------------------------------- NATURAL RESOURCES Mar 03 Wednesday Fahrenkamp 203 8:00 AM FY 05 Budget Overview and Mission & Measures ---------------------------------------- REVENUE Mar 03 Wednesday Fahrenkamp 203 6:00 PM Overview of Department of Revenue Budget ---------------------------------------- 2004-02-25 Senate Journal Page 2301 JOINT COMMITTEES ARMED SERVICES COMMITTEE Feb 25 Wednesday Senate Finance 532 9:00 AM -- Time Change -- Alaskan Command's Annual Address by Lt. General Carrol H."Howie" Chandler Testimony by Invitation Only ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS Feb 26 Thursday Fahrenkamp 203 8:00 AM 8:00 a.m.-11:15 a.m.& 1:15 p.m.-4:15 p.m. Full Committee: Open Session Advisory Opinions Open Meetings House Subcommittee: Executive Session ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Feb 25 Wednesday Butrovich 205 12:00 PM + Bring Alaska's Children Home From Out Of State Treatment Mar 02 Tuesday Butrovich 205 12:00 PM + The Mental Illness Plague of the Alaskan Child ---------------------------------------- FISH CAUCUS Feb 26 Thursday Butrovich 205 12:00 PM Gulf of Alaska Rationalization and Implications for State Management ---------------------------------------- 2004-02-25 Senate Journal Page 2302 OTHER MEETINGS (continued) 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 -- Date Changed to 04/02/04 -- Address by U.S. Senator Lisa Murkowski Apr 02 Friday House Chamber 11:00 AM -- Date Changed from 03/16/04 -- Address by US Senator Lisa Murkowski