Legislature(2003 - 2004)
2004-03-12 Senate Journal
Full Journal pdf2004-03-12 Senate Journal Page 2491 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday March 12, 2004 Sixty-first Day Pursuant to adjournment the Senate was called to order by President Therriault at 10:08 a.m. Senator Seekins, Acting Majority Leader, moved and asked unanimous consent that all members not excused be shown as present. Without objection, it was so ordered. Senators Cowdery, Dyson, Ellis, Green, Hoffman, Ogan, Ben Stevens, Wagoner were excused from a call of the Senate. The prayer was offered by the Chaplain, Reverend Bob Rooks, Pastor of Glacier Valley Baptist Church. Senator Bunde moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O Lord our God, we pray to You today because we are weak, but You are strong. We seek Your wisdom because our wisdom is imperfect, but Your wisdom is always perfect. In Your grace and with Your mercy, You have guided and blessed our nation in the past with many victories over those who would destroy us, and even today You have granted a great degree of peace amidst the constant threats of those committed to destructive terror. We are glad today here in Alaska to share in these great blessings upon America. O Lord, I ask Your special blessing upon this body of Senators that they may sense Your presence as they conduct their business in the best interests of Your people. Also, I pray Your protection upon those who travel this weekend. Bless their time with family and friends. In the name of Christ, I ask these blessings. Amen. 2004-03-12 Senate Journal Page 2492 Senator Guess led the Senate in the Pledge of Allegiance. Communications The following reports are on file in the Office of the Secretary of the Senate: Report from the Commissioner of the Department of Administration dated February 27 was received, stating the monetary terms for the collective bargaining agreement reached between the University of Alaska and the Alaska Higher Education Crafts and Trades Employees Local 6070 in accordance with AS 23.40.215. Report from the Commissioner of the Department of Administration dated March 4 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Public Employees Local 71 representing the Labor, Trades and Crafts Bargaining Unit in accordance with AS 23.40.215. President Therriault referred the reports to the Finance Committee. Standing Committee Reports SB 308 The State Affairs Committee considered SENATE BILL NO. 308 "An Act increasing the duration of certain provisions of domestic violence protective orders from six months to one year." Signing do pass: Senator Gary Stevens, Chair; Senators Stedman, Guess. The following fiscal information was published today: Fiscal Note No. 1, Department of Administration Fiscal Note No. 2, zero, Alaska Court System President Therriault added a Finance Committee referral to the bill. The bill was referred to the Judiciary, then Finance Committees. 2004-03-12 Senate Journal Page 2493 SB 316 The Judiciary Committee considered SENATE BILL NO. 316 "An Act relating to motor vehicle safety belt violations." Signing do pass: Senator Seekins, Chair. Signing no recommendation: Senators French, Therriault. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, zero, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. SB 319 The Labor and Commerce Committee considered SENATE BILL NO. 319 "An Act relating to claims for personal injury or wrongful death against health care providers; and providing for an effective date." Signing no recommendation: Senator Bunde, Chair; Senators Seekins, Gary Stevens. Signing do not pass: Senators French, Davis. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, zero, Department of Community and Economic Development The bill was referred to the Judiciary Committee. SB 344 The Labor and Commerce Committee considered SENATE BILL NO. 344 "An Act relating to the Uniform Probate Code and trusts, including pleadings, orders, nonprobate assets, estates of decedents, minors, protected persons, incapacitated persons, guardians, conservators, trustees, foreign trusts, principal and income, and transfer restrictions; relating to corporate voting trusts; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Davis, Seekins. Signing no recommendation: Senator French. 2004-03-12 Senate Journal Page 2494 The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Community and Economic Development Fiscal Note No. 2, zero, Department of Law The bill was referred to the Judiciary Committee. SB 346 The State Affairs Committee considered SENATE BILL NO. 346 "An Act approving the monetary terms of the collective bargaining agreement with the International Organization of Masters, Mates, and Pilots, Pacific Maritime Region, for the Masters, Mates, and Pilots Unit for fiscal year 2004; and providing for an effective date." Signing do pass: Senator Gary Stevens, Chair; Senator Stedman. Signing no recommendation: Senator Guess. The following fiscal information was published today: Fiscal Note No. 1, zero, Office of the Governor The bill was referred to the Finance Committee. SB 350 The Labor and Commerce Committee considered SENATE BILL NO. 350 "An Act relating to the four dam pool joint action agency; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 350(L&C) "An Act allowing a joint action agency to encumber property interests for security purposes; declaring certain joint action agencies to be political subdivisions for certain purposes; restricting the sale of property of the joint action agency; allowing the joint action agency to transfer property to security interest holders under a security interest or to other parties without legislative approval; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Davis, Seekins, Gary Stevens. Signing no recommendation: Senator French. 2004-03-12 Senate Journal Page 2495 The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Finance Committee. SB 355 The Community and Regional Affairs Committee considered SENATE BILL NO. 355 "An Act relating to the protection of land and water from waste disposal; providing for the regulation of waste management; making conforming amendments; and providing for an effective date." Signing do pass: Senator Stedman, Chair. Signing no recommendation: Senators Lincoln, Gary Stevens, Elton. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Environmental Conservation The bill was referred to the Resources Committee. HB 230 The State Affairs Committee considered CS FOR HOUSE BILL NO. 230(STA) "An Act relating to political signs on private property" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 230(STA) (forthcoming) Signing no recommendation: Senator Gary Stevens, Chair; Senators Stedman, Guess. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Transportation and Public Facilities The bill was referred to the Judiciary Committee. 2004-03-12 Senate Journal Page 2496 SR 3 The State Affairs Committee considered SENATE RESOLUTION NO. 3 Relating to commemoration of Senator Frank R. Ferguson and other distinguished Senators. Signing do pass: Senator Gary Stevens, Chair; Senators Stedman, Guess. The following fiscal information was published today: Fiscal Note No. 1, zero, Legislative Agency The resolution was referred to the Finance Committee. HCR 5 The State Affairs Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(FIN) am Establishing a task force to make recommendations regarding a new design for the official seal of the State of Alaska, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(STA) (forthcoming) Signing no recommendation: Senator Gary Stevens, Chair; Senator Stedman. Signing do pass: Senator Guess. The following fiscal information was published today: Fiscal Note No. 3, Legislative Agency The resolution was referred to the Finance Committee. Consideration of the Calendar Second Reading of House Resolutions HJR 32 President Therriault stated CS FOR HOUSE JOINT RESOLUTION NO. 32(FSH) am Relating to the labeling of fish and fishery food products, will be on the March 15 calendar. 2004-03-12 Senate Journal Page 2497 Unfinished Business SB 311 President Therriault added a Judiciary Committee referral to SENATE BILL NO. 311 "An Act providing for a special deposit for workers' compensation insurers; relating to the board of governors of the Alaska Insurance Guaranty Association; relating to covered workers' compensation claims paid by the Alaska Insurance Guaranty Association; stating the intent of the legislature, and setting out limitations, concerning the interpretation, construction, and implementation of workers' compensation laws; relating to restructuring the Alaska workers' compensation system; eliminating the Alaska Workers' Compensation Board; establishing a division of workers' compensation within the Department of Labor and Workforce Development and assigning certain Alaska Workers' Compensation Board functions to the division and the Department of Labor and Workforce Development; establishing a Workers' Compensation Appeals Commission; assigning certain functions of the Alaska Workers' Compensation Board to the Workers' Compensation Appeals Commission; relating to agreements that discharge workers' compensation liability; providing for hearing officers in workers' compensation proceedings; relating to workers' compensation awards; relating to an employer's failure to insure and keep insured or provide security; providing for appeals from compensation orders; relating to workers' compensation proceedings; providing for supreme court jurisdiction of appeals from the Workers' Compensation Appeals Commission; providing for a maximum amount for the cost-of- living adjustment for workers' compensation benefits; providing for administrative penalties for employers uninsured or without adequate security for workers' compensation; relating to assigned risk pools and insurers; and providing for an effective date." The bill was referred to the Judiciary, then Finance Committees. EO 112 In accordance with AS 24.08.210, action was not taken on the following Executive Order and it was returned to the Governor's Office at 10:27 a.m., March 12, 2004: 2004-03-12 Senate Journal Page 2498 Transferring international trade functions and duties from the Department of Community and Economic Development to the Office of the Governor Announcements Announcements are at the end of the journal. Adjournment Senator Seekins, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 15, 2004. Without objection, the Senate adjourned at 10:20 a.m. Kirsten Waid Secretary of the Senate March 2004 2004-03-12 Senate Journal Page 2499 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 Mar 12 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 15 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 17 Wednesday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 19 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 12 Friday Senate Finance 532 9:00 AM Mar 15 Monday Senate Finance 532 9:00 AM -- Teleconference <Listen Only> -- + State's Fiscal Picture - Looking Forward Presentation by Ms. Cheryl Frasca Office of Management & Budget, Director Conference of Alaskans Presentation by Mr. Mike Burns, Chair Comments by Senator Ben Stevens & Senator Kim Elton 2004-03-12 Senate Journal Page 2500 FINANCE (continued) Mar 15 Monday Senate Finance 532 1:30 PM -- Teleconference <Listen Only> -- + SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING + Bills Previously Heard/Scheduled Mar 16 Tuesday Senate Finance 532 9:00 AM -- Teleconference <Listen Only> -- + HB 233 INCREASE EDUCATION FUNDING + SJR 19 CONST. AM: PERMANENT FUND INCOME + SJR 32 CONST AM: PERM FUND INCOME FOR DIVIDENDS + Bills Previously Heard/Scheduled Mar 16 Tuesday Senate Finance 532 1:30 PM -- Teleconference <Listen Only> -- + Constitutional Budget Reserve Fund Presentation by Mr. William Corbus Department of Revenue, Commissioner + SJR 24 CONST AM: GUARANTEE PERM FUND DIVIDEND += SJR 3 CONST AM: APPROPRIATION/SPENDING LIMIT + Bills Previously Heard/Scheduled Mar 16 Tuesday Senate Finance 532 6:00 PM -- Teleconference <Listen Only> -- + Continuation of the Afternoon Hearing If Necessary + Bills Previously Heard/Scheduled Mar 17 Wednesday Senate Finance 532 9:00 AM -- Teleconference <Listen Only> -- + Additional Legislative Proposals Presentations Offered by Senators + Bills Previously Heard/Scheduled Mar 17 Wednesday Senate Finance 532 1:30 PM + Statewide Public Testimony Public testimony may be limited to 2 minutes. 2004-03-12 Senate Journal Page 2501 FINANCE (continued) Mar 17 Wednesday Senate Finance 532 6:00 PM + Statewide Public Testimony - Legislative Off-Net Sites: 6 - 7 PM Statewide Public Testimony - Legislative Information Offices: 7 - 9 PM Public testimony may be limited to 2 minutes. Mar 18 Thursday Senate Finance 532 9:00 AM -- Teleconference <Listen Only> -- + Senate Finance Committee Discussion Action + Bills Previously Heard/Scheduled Mar 18 Thursday Senate Finance 532 1:30 PM -- Teleconference <Listen Only> -- + Continuation Senate Finance Committee Discussion/Action, If Necessary + Bills Previously Heard/Scheduled Mar 19 Friday Senate Finance 532 9:00 AM -- Teleconference <Listen Only> -- + Continuation of Senate Finance Committee Discussion/Action, If Necessary + Bills Previously Heard/Scheduled Mar 20 Saturday Senate Finance 532 9:00 AM -- Teleconference <Listen Only> -- + Continuation of Senate Finance Committee Discussion/Action, if necessary + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 15 Monday Butrovich 205 1:30 PM -- Meeting Canceled -- + Bills Previously Heard/Scheduled If Necessary 2004-03-12 Senate Journal Page 2502 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Mar 17 Wednesday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled If Necessary Mar 19 Friday Butrovich 205 1:30 PM -- Meeting Canceled -- + SB 364 LIMIT STATE AID FOR MENTAL HEALTH CARE + Bills Previously Heard/Scheduled If Necessary ---------------------------------------- JUDICIARY Mar 12 Friday Butrovich 205 8:00 AM + SB 316 SEAT BELT VIOLATION AS PRIMARY OFFENSE + HB 513 CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION Bills Previously Heard/Scheduled += SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE += HB 83 REVISED UNIFORM ARBITRATION ACT Mar 15 Monday Butrovich 205 8:00 AM + HB 348 NOTICE TO CRIME VICTIMS + HB 349 ILLEGALLY OBTAINED EVIDENCE/EVID RULE 412 + HB 357 RESTITUTION += HB 397 DEFENSE CONTACTS WITH VICTIMS & WITNESSES + HB 398 DOMESTIC VIOLENCE FATALITY REVIEW TEAM + Bills Previously Heard/Scheduled Mar 17 Wednesday Butrovich 205 8:00 AM + SB 344 TRUSTS/ESTATES/PROPERTY TRANSFERS + SB 319 CLAIMS AGAINST HEALTH CARE PROVIDERS + SB 323 WORKERS COMPENSATION AND CONTRACTORS + SB 309 BLOOD PATHOGENS TESTING OF PRISONERS + Bills Previously Heard/Scheduled Mar 19 Friday Butrovich 205 8:00 AM + SB 255 ILLEGAL USE TRAFFIC PREEMPTION DEVICE + SB 302 OATHS; NOTARIES PUBLIC; STATE SEAL + SB 340 DETENTION OF MINORS + Bills Previously Heard/Scheduled ---------------------------------------- 2004-03-12 Senate Journal Page 2503 LABOR & COMMERCE Mar 16 Tuesday Beltz 211 1:30 PM -- Rescheduled to 03/18/04 -- CONFIRMATION HEARINGS: Alcohol Beverage Control Board - Billy G. Andrews, Gail M. Niemi Board of Chiropractic Examiners - Dr. R. Clark Davis Alaska Labor Relations Board - Randall C. Frank Board of Marine Pilots - Tony J. Joslyn, Robert (Tiny) Schasteen Personnel Board - Debra E. English Board of Certified Real Estate Appraisers Nelida Irvine, Gene H. Shafer Real Estate Commission - Larry J. Bauer, Glenn Clary, Rita C. Stuckart Board of Veterinary Examiners - David J. Hunt Bills Previously Heard/Scheduled += SB 254 TOURISM & RECREATION ASSESSMENT Mar 18 Thursday Beltz 211 1:30 PM -- Rescheduled from 03/16/04 -- CONFIRMATION HEARINGS: Alcohol Beverage Control Board - Billy G. Andrews, Gail M. Niemi Board of Chiropractic Examiners - Dr. R. Clark Davis Alaska Labor Relations Board - Randall C. Frank Board of Marine Pilots - Tony J. Joslyn, Robert (Tiny) Schasteen Personnel Board - Debra E. English Board of Certified Real Estate Appraisers Nelida Irvine, Gene H. Shafer Real Estate Commission - Larry J. Bauer, Glenn Clary, Rita C. Stuckart Board of Veterinary Examiners - David J. Hunt Bills Previously Heard/Scheduled += SB 254 TOURISM & RECREATION ASSESSMENT ---------------------------------------- 2004-03-12 Senate Journal Page 2504 RESOURCES Mar 12 Friday Butrovich 205 3:30 PM No Meeting Scheduled Mar 15 Monday Butrovich 205 3:30 PM += SB 247 AK NATURAL GAS DEV. AUTHORITY INITIATIVE += SB 127 PRIORITY TREATMENT OF PERMIT APPLICATIONS + Bills Previously Heard/Scheduled Mar 17 Wednesday Butrovich 205 3:30 PM + SB 297 TAKING BLACK, BROWN,& GRIZZLY BEAR/GUIDES + Bills Previously Heard/Scheduled Mar 19 Friday Butrovich 205 3:30 PM + Confirmation Hearings: Frank Homan - Commercial Fisheries Entry Commission John K. Norman - Alaska Oil & Gas Conservation Commission Charles Cole - Royalty & Gas Development Advisory Board Ken Stout - Royalty & Gas Development Advisory Board + SB 69 BOARD OF FISHERIES CONFLICTS OF INTEREST + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 16 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Mar 18 Thursday Beltz 211 3:30 PM + HB 91 RETIRED PEACE OFFICER'S MEDICAL BENEFITS + HB 414 U.S.SENATE VACANCY/DEF OF POLITICAL PARTY + SB 292 USE CRIMINAL FINES FOR YOUTH COURTS + SJR 31 FEDERAL FUNDING FOR EDUCATION Bills Previously Heard/Scheduled ---------------------------------------- 2004-03-12 Senate Journal Page 2505 TRANSPORTATION Mar 16 Tuesday Butrovich 205 1:30 PM + SB 345 LIABILITY FOR AIRPORTS AND AIRSTRIPS Mar 18 Thursday Butrovich 205 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES COMMUNITY AND ECONOMIC DEVELOPMENT Mar 19 Friday Terry Miller 104 4:00 PM DCED FY 05 Operating Budget ---------------------------------------- CORRECTIONS Mar 19 Friday Senate Finance 532 4:30 PM FY 05 Budget Overview -- Subject to Adjournment of the Senate Finance Committee -- ---------------------------------------- COURT SYSTEM Mar 17 Wednesday Senate Finance 532 12:00 PM FY 05 Budget Request ---------------------------------------- FISH & GAME Mar 16 Tuesday Butrovich 205 4:00 PM Closeout ---------------------------------------- GOVERNOR Mar 18 Thursday Senate Finance 532 12:00 PM FY 05 Budget Request 2004-03-12 Senate Journal Page 2506 FINANCE SUBCOMMITTEES (continued) HEALTH & SOCIAL SERVICES Mar 15 Monday Senate Finance 532 4:30 PM FY 05 Budget: Medicaid, Seniors, and DD Services --Subject to Adjournment of the Senate Finance Committee-- Mar 18 Thursday Senate Finance 532 4:30 PM FY 05 Budget: Behavioral Health -- Subject to Adjournment of the Senate Finance Committee -- ---------------------------------------- LEGISLATURE Mar 16 Tuesday Senate Finance 532 11:30 AM FY 05 Budget Request ---------------------------------------- PUBLIC SAFETY Mar 16 Tuesday Beltz 211 8:00 AM Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 18 Thursday Senate Finance 532 4:00 PM DOT&PF FY 05 Operating Budget ---------------------------------------- JOINT COMMITTEES SELECT COMMITTEE ON LEGISLATIVE ETHICS Mar 16 Tuesday Anch Lio Conf Rm 8:30 AM -- Time Change -- <Subcommittee Meeting on Open Meetings> Review 2003 Proposed Open Meetings Guidelines + -- Teleconference <Listen Only> -- 2004-03-12 Senate Journal Page 2507 OTHER MEETINGS FISH CAUCUS Mar 18 Thursday Butrovich 205 12:00 PM By-product Development: Getting the Most Out of Our Salmon ---------------------------------------- JOINT SESSION Apr 02 Friday House Chamber 11:00 AM Address by US Senator Lisa Murkowski