Legislature(2003 - 2004)
2004-03-29 Senate Journal
Full Journal pdf2004-03-29 Senate Journal Page 2683 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 29, 2004 Seventy-eighth Day Pursuant to adjournment the Senate was called to order by President Therriault at 11:13 a.m. The roll showed seventeen members present. Senators French, Lincoln, Ogan were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Gary Waterhouse of the Seventh Day Adventist Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, Today we need Your strength. It seems sometimes the wells of our resources run dry. And we need the strength You offer to us to fill our diminishing reserves. You are the one who can provide the ability to think clearly and to act decisively. Bless the senators today as they place their trust in You. Give us the power to remove the mountainous differences that often divide us. Turn those mountains into sandhills as we put our faith and trust in You. Guide us to resolve our present concerns. Bring us together in unity. Nothing is impossible to You, and Lord, today we need You. Amen. Senator Wilken led the Senate in the Pledge of Allegiance. Certification Senator Ben Stevens moved and asked unanimous consent that the journals for the seventy-fifth through seventy-seventh legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 2004-03-29 Senate Journal Page 2684 Standing Committee Reports SB 69 The Resources Committee considered SENATE BILL NO. 69 "An Act relating to participation in matters before the Board of Fisheries by members of the board; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 69(RES) Signing no recommendation: Senator Ogan, Chair; Senator Dyson. Signing do pass: Senators Elton, Ben Stevens, Wagoner. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Fish and Game The bill was referred to the Rules Committee. SB 322 The Finance Committee considered SENATE BILL NO. 322 "An Act relating to the rate of the salmon enhancement tax." Signing do pass: Senator Wilken, Cochair; Senators Bunde, Ben Stevens. Signing no recommendation: Senator Green, Cochair; Senators Dyson, Hoffman, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, indeterminate, Department of Revenue The bill was referred to the Rules Committee. SB 326 The Finance Committee considered SENATE BILL NO. 326 "An Act relating to investments of Alaska permanent fund assets; and providing for an effective date" and recommended the adoption of the State Affairs Committee Substitute offered on page 2429. Signing do pass: Senators Green, Wilken; Cochairs. Signing no recommendation: Senators Dyson, Hoffman, Ben Stevens, Bunde, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Revenue The bill was referred to the Rules Committee. 2004-03-29 Senate Journal Page 2685 SB 328 The Finance Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 328 "An Act relating to the national forest income program in the Department of Community and Economic Development and to the authority of the department to adopt regulations; making conforming amendments; and providing for an effective date" and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 328(FIN) Signing do pass: Senators Green, Wilken, Cochairs; Senator Ben Stevens. Signing no recommendation: Senators Dyson, Hoffman, Bunde. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Rules Committee. Consideration of the Calendar Second Reading of House Bills HB 348 CS FOR HOUSE BILL NO. 348(JUD) "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" 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. CS FOR HOUSE BILL NO. 348(JUD) was read the third time. 2004-03-29 Senate Journal Page 2686 The question being: "Shall CS FOR HOUSE BILL NO. 348(JUD) "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" pass the Senate?" The roll was taken with the following result: CSHB 348(JUD) Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: French, Lincoln, Ogan and so, CS FOR HOUSE BILL NO. 348(JUD) passed the Senate. Senator Ben Stevens moved and asked unanimous consent for the adoption of the House Letter of Intent (House Journal page 2564). Without objection, the Legislative Letter of Intent was adopted. Senator Ellis gave notice of reconsideration. HB 397 CS FOR HOUSE BILL NO. 397(JUD) "An Act relating to defense contacts with and recordings of statements of victims and witnesses of sexual offenses" was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2600. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD) was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD) will be on the March 31 calendar. 2004-03-29 Senate Journal Page 2687 Reconsideration of Senate Bills SB 273 Senator Ellis requested that the reconsideration on CS FOR SENATE BILL NO. 273(FIN) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 273(FIN) "An Act amending the size, membership, and powers of the board of directors of the Alaska Seafood Marketing Institute and making a corresponding change in the quorum requirement; authorizing the establishment of the seafood marketing assessment at a rate of 0.5 percent or 0.6 percent of the value of seafood products produced; providing for an election to retain, terminate, or increase the seafood marketing assessment; providing for the repeal of the salmon marketing tax and provisions related to the salmon marketing tax; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 273(FIN) Third Reading - On Reconsideration Effective Dates YEAS: 15 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wilken Nays: Elton, Wagoner Excused: French, Lincoln, Ogan and so, CS FOR SENATE BILL NO. 273(FIN) passed the Senate on reconsideration. 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 2004-03-29 Senate Journal Page 2688 Second Reading of House Bills (continued) HB 398 CS FOR HOUSE BILL NO. 398(JUD) am "An Act relating to domestic violence fatality review teams" was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2601. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD) was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD) was read the third time. Senators Dyson, Guess, Olson, Davis moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD) "An Act relating to domestic violence fatality review teams" pass the Senate?" The roll was taken with the following result: SCS CSHB 398(JUD) Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: French, Lincoln, Ogan and so, SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD) passed the Senate. Senator Ellis gave notice of reconsideration. 2004-03-29 Senate Journal Page 2689 Third Reading of Senate Bills SB 286 CS FOR SENATE BILL NO. 286(FIN) was read the third time. Senators Wagoner, Hoffman declared a conflict of interest. The question being: "Shall CS FOR SENATE BILL NO. 286(FIN) "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" pass the Senate?" The roll was taken with the following result: CSSB 286(FIN) Third Reading - Final Passage Effective Dates YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: French, Lincoln, Ogan and so, CS FOR SENATE BILL NO. 286(FIN) 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 clauses. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. Citations Honoring - Bob and Linda Adams, Greater Ketchikan Chamber of Commerce 2003 Citizens of the Year Senator(s) Stedman, Therriault, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Wagoner, Wilken 2004-03-29 Senate Journal Page 2690 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 SB 286 Senator Gary Stevens moved and asked unanimous consent to be shown as a cosponsor on CS FOR SENATE BILL NO. 286(FIN) "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." Without objection, it was so ordered. HB 348 Senator Dyson moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 348(JUD) "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." Without objection, it was so ordered. Senator Dyson declared a conflict of interest related to CS FOR HOUSE BILL NO. 348(JUD). HB 344 Senator Wilken, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 344(RES) "An Act relating to annual rental fees, statements of annual labor, and production royalty for mining claims; and providing a cure for abandonment." Without objection, the bill was referred to the Rules Committee. SB 300 The reconsideration on CS FOR SENATE BILL NO. 300(FIN) "An Act relating to an attorney's lien, to court actions, and to other proceedings where attorneys are employed; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 2004-03-29 Senate Journal Page 2691 Announcements Announcements are at the end of the journal. Engrossment SB 273 CS FOR SENATE BILL NO. 273(FIN) "An Act amending the size, membership, and powers of the board of directors of the Alaska Seafood Marketing Institute and making a corresponding change in the quorum requirement; authorizing the establishment of the seafood marketing assessment at a rate of 0.5 percent or 0.6 percent of the value of seafood products produced; providing for an election to retain, terminate, or increase the seafood marketing assessment; providing for the repeal of the salmon marketing tax and provisions related to the salmon marketing tax; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 300 CS FOR SENATE BILL NO. 300(FIN) "An Act relating to an attorney's lien, to court actions, and to other proceedings where attorneys are employed; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Ben Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 31, 2004. Without objection, the Senate adjourned at 11:37 a.m. Kirsten Waid Secretary of the Senate March 2004 2004-03-29 Senate Journal Page 2692 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 29 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 31 Wednesday Fahrenkamp 203 1:30 PM + SB 361 SMALL CRUISE SHIP DISCHARGES Apr 02 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 29 Monday Senate Finance 532 9:00 AM += SB 328 NATIONAL FOREST INCOME PROGRAM/DCED REGS += SB 322 SALMON ENHANCEMENT TAX + SB 374 PERMANENT FUND INCOME DISTRIBUTION + SB 326 PERMANENT FUND INVESTMENTS + Bills Previously Heard/Scheduled += SJR 3 CONST AM: APPROPRIATION/SPENDING LIMIT Mar 30 Tuesday Senate Finance 532 9:00 AM += SB 40 CONSTRUCTION OF HIGHWAYS BY DOTPF + HB 394 COMMISSION ON AGING += SB 306 NATUROPATHIC MEDICINE += SB 298 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY + Bills Previously Heard/Scheduled += SJR 3 CONST AM: APPROPRIATION/SPENDING LIMIT 2004-03-29 Senate Journal Page 2693 FINANCE(continued) Mar 31 Wednesday Senate Finance 532 9:00 AM + SB 357 INSURANCE += SB 366 STATE SALES TAX <Teleconference - above Bill Listen Only> + Bills Previously Heard/Scheduled Apr 01 Thursday Senate Finance 532 9:00 AM + SB 255 ILLEGAL USE TRAFFIC PREEMPTION DEVICE + SB 350 4 DAM POOL JOINT ACTION AGENCY + Monetary Terms of Collective Bargaining Units + Bills Previously Heard/Scheduled Apr 02 Friday Senate Finance 532 9:00 AM += SB 313 FIRST SUPPLEMENTAL APPROPRIATION + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 29 Monday Butrovich 205 1:30 PM No Meeting Scheduled Mar 31 Wednesday Butrovich 205 1:30 PM -- Teleconference <Listen Only> -- + SB 248 HIGH SCHOOL COMPETENCY EXAMS/DIPLOMAS + SB 372 SECONDARY SCHOOL ASSESSMENTS + Bills Previously Heard/Scheduled Apr 02 Friday Butrovich 205 1:30 PM += HB 25 HEALTH CARE SERVICES DIRECTIVES + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 29 Monday Butrovich 205 8:00 AM -- Meeting Canceled -- += SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE + Bills Previously Heard/Scheduled 2004-03-29 Senate Journal Page 2694 JUDICIARY (continued) Mar 31 Wednesday Butrovich 205 8:00 AM + HB 340 DAMAGES IN CONSTRUCTION CLAIMS += SB 340 DETENTION OF MINORS += HB 349 ILLEGALLY OBTAINED EVIDENCE/EVID RULE 412 += HB 513 CSED NAME CHANGE/DRIVER'S LIC.SUSPENSION + Bills Previously Heard/Scheduled Apr 02 Friday Butrovich 205 8:00 AM + SB 318 CONSUMPTIVE USE OF FISH AND GAME <Pending Referral> += SB 319 CLAIMS AGAINST HEALTH CARE PROVIDERS += SB 323 WORKERS COMPENSATION AND CONTRACTORS + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Mar 30 Tuesday Beltz 211 1:30 PM + Confirmation Hearing: Personnel Board Laura Plenert + HB 478 COMMERCIAL FISHING INTERIM USE PERMITS + HJR 35 MAD COW DISEASE/COUNTRY OF ORIGIN LABELS Bills Previously Heard/Scheduled Including but Not Limited to: += HB 409 SEINE VESSEL LENGTH Apr 01 Thursday Beltz 211 1:30 PM Senate Bill: SAFETY CODE DEPARTMENT MOVE <Pending Introduction & Referral> + SB 365 SPEECH-LANGUAGE PATHOLOGIST ASSISTANTS + HB 341 DIVE FISHERY MANAGEMENT ASSESSMENT Bills Previously Heard/Scheduled Including but Not Limited to: = SB 358 ALASKA RAILROAD TRACK WORK ---------------------------------------- RESOURCES Mar 29 Monday Butrovich 205 3:30 PM + SJR 31 FEDERAL FUNDING FOR EDUCATION + HB 524 WASTE MANAGEMENT/DISPOSAL + Bills Previously Heard/Scheduled 2004-03-29 Senate Journal Page 2695 RESOURCES (continued) Mar 31 Wednesday Butrovich 205 3:30 PM + HJR 34 FED TRAINING AND ASSISTANCE FOR FISHERMEN Alaska Stranded Gas Act Applications - Testimony by Invitation Only + Bills Previously Heard/Scheduled Apr 02 Friday Butrovich 205 3:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Mar 30 Tuesday Beltz 211 3:30 PM + HCR 25 ALASKA WILD SALMON WEEK + SJR 25 FLOODING AND EROSION CONTROL ASSISTANCE += SB 356 VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS Bills Previously Heard/Scheduled += HB 213 PROVISIONAL DRIVER'S LICENSE Apr 01 Thursday Beltz 211 3:30 PM + SB 231 DECREASE TIME TO CLAIM UNCLAIMED PROPERTY + SJR 30 AMEND & FUND NO CHILD LEFT BEHIND ACT += SB 354 HUMAN RIGHTS COMMISSION PROCEDURES Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 30 Tuesday Butrovich 205 1:30 PM -- Meeting Postponed to 04/01/04 -- SB 371 POWERS/DUTIES DOTPF Senate Bill: REPLAT ON CONDEMNATION PROCEEDINGS <Pending Introduction & Referral> Bills Previously Heard/Scheduled Apr 01 Thursday Butrovich 205 1:30 PM = SB 371 POWERS/DUTIES DOTPF Senate Bill: <Pending Introduction and Referral> Bills Previously Heard/Scheduled REPLAT ON CONDEMNATION PROCEEDINGS ---------------------------------------- 2004-03-29 Senate Journal Page 2696 FINANCE SUBCOMMITTEES CORRECTIONS Apr 01 Thursday Senate Finance 532 12:00 PM FY 05 Budget Close-out ---------------------------------------- FISH & GAME Mar 30 Tuesday Fahrenkamp 203 4:00 PM Close-out ---------------------------------------- HEALTH & SOCIAL SERVICES Apr 01 Thursday Senate Finance 532 4:00 PM FY 05 Budget: Unfinished Business & Preliminary Close-out Apr 03 Saturday Senate Finance 532 10:00 AM FY 05 Budget Close-out ---------------------------------------- PUBLIC SAFETY Mar 30 Tuesday Beltz 211 8:00 AM Close-out ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 30 Tuesday Senate Finance 532 4:30 PM Close-out ---------------------------------------- SPECIAL COMMITTEES WORLD TRADE AND STATE/FEDERAL RELATIONS Mar 29 Monday Speakers Chambers 4:00 PM Joint w/(H) Economic Development Committee USDA International Trade Representative for Alaska ---------------------------------------- 2004-03-29 Senate Journal Page 2697 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Mar 29 Monday House Finance 519 12:00 PM Discussion: Hiring Stranded Gas Act Consultant Apr 15 Thursday House Finance 519 12:00 PM Veteran's Home Feasibility Study Presented by ASCG ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Apr 01 Thursday Anch Lio Conf Rm 8:30 AM -- Teleconference <Listen Only> -- ** SUBCOMMITTEE MEETING ** Open Meetings ---------------------------------------- OTHER MEETINGS ENERGY POLICY TASK FORCE Mar 30 Tuesday Anchorage 1:00 PM AIDEA/AEA Board Room 813 W. Northern Lights Blvd., Third Floor 1:00 PM - 5:00 PM ---------------------------------------- JOINT SESSION Apr 02 Friday House Chamber 11:00 AM Address by US Senator Lisa Murkowski