Legislature(2003 - 2004)

2003-01-29 Senate Journal

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2003-01-29                     Senate Journal                      Page 0071
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                        Wednesday                     January 29, 2003              
                                                                                                    
                                  Ninth Day                                                      
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:02 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Wilken was                                        
excused from a call of the Senate.                                                                  
                                                                                                    
The prayer was offered by the Chaplain, Pastor Larry Rorem of the                                   
Shepherd of the Valley Lutheran Church. Senator Hoffman moved and                                   
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
     In deepest respect for the religious beliefs of each person                                    
     here, I invite you into a time of prayer and reflection. Let us                                
     pray.                                                                                          
                                                                                                    
     Dear generous, all giving God, we give thanks for these                                        
     leaders who serve. We give thanks for their generosity of                                      
     time and energy that is devoted to public service. Our state                                   
     needs them and needs to be willing to show appreciation and                                    
     thankfulness.                                                                                  
                                                                                                    
     We live in an age when compassion and love are too often                                       
     replaced by division. Respect is replaced by disrespect.                                       
     People in leadership are under intense and sometimes unfair                                    
     scrutiny.                                                                                      
                                                                                                    
     As agendas build for our leaders, help them to grow in their                                   
     inter-connectedness with all people. Uphold and bless each                                     
     Senator gathered here today in being good listeners and good                                   
     decision makers for all God's people who call Alaska home.                                     
                                                                                                    
In Your Holy Name.                                                       Amen.                     

2003-01-29                     Senate Journal                      Page 0072
Senator Dyson led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Stevens moved and asked unanimous consent that the journals                                 
for the seventh and eighth legislative days be approved as certified by                             
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Investment Earnings for the Alaska Marine Highway Vessel                                            
Replacement Fund                                                                                    
from William A. Corbus, Commissioner, Department of Revenue                                         
in accordance with AS 37.05.550(c)                                                                  
                                                                                                    
Investment Earnings for the Alaska Marine Highway System Fund                                       
from William A. Corbus, Commissioner, Department of Revenue                                         
in accordance with AS 19.65.070                                                                     
                                                                                                    
Developmental Disabilities Waitlist Report for FY02                                                 
from Joel Gilbertson, Commissioner, Department of Health and Social                                 
Services                                                                                            
in accordance with AS 47.80.140(d)                                                                  
                                                                                                    
Alaska Permanent Fund Corporation Fiscal 2002 Annual Report                                         
from Robert D. Storer, Executive Director                                                           
in accordance with AS 37.13.170                                                                     
                                                                                                    
State of Alaska Comprehensive Annual Financial Report for the Fiscal                                
Year July 1, 2001 - June 30, 2002                                                                   
from Department of Administration, Division of Finance                                              
in accordance with AS 37.05.210                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2003-01-29                     Senate Journal                      Page 0073
Anticipated Expenditures from the International Airports Construction                               
Fund                                                                                                
from Mike Barton, Acting Commissioner, Department of                                                
Transportation and Public Facilities                                                                
in accordance with AS 37.15.420                                                                     
                                                                                                    
Underground Storage Tank Revolving Loan Fund Annual Report                                          
Fiscal Year 2002                                                                                    
from the Department of Environmental Conservation, Spill Prevention                                 
and Response Division                                                                               
in accordance with AS 46.03.410                                                                     
                                                                                                    
The Trustees' Papers Volume VII                                                                     
from Jim Sampson, Chair, Board of Trustees, Alaska Permanent Fund                                   
Corporation                                                                                         
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated January 28 was read, stating:                                                          
                                                                                                    
In accordance with AS 39.05.080, the Senate Finance Committee                                       
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
Commissioner, Department of Revenue                                                               
 William Corbus                                                                                     
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individual by committee members. This does not reflect an intent by                                 
any of the members to vote for or against him during any further                                    
sessions.                                                                                           
                                                                                                    
Signing the report: Senators Wilken, Green, Cochairs; Senators                                      
Austerman, Hoffman, Stevens, Olson, Bunde.                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-01-29                     Senate Journal                      Page 0074
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 40                                                                                             
SENATE BILL NO. 40 BY SENATOR COWDERY, entitled:                                                    
                                                                                                    
             "An Act relating to construction of highways by the                                   
           Department of Transportation and Public Facilities."                                     
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
SB 41                                                                                             
SENATE BILL NO. 41 BY SENATOR GREEN, entitled:                                                      
                                                                                                    
             "An Act relating to medical care and crimes relating                                  
              to medical care, including medical care and crimes                                   
           relating to the medical assistance program."                                             
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services, Judiciary and Finance Committees.                                                         
                                                                                                    
SB 42                                                                                             
SENATE BILL NO. 42 BY SENATOR GREEN, entitled:                                                      
                                                                                                    
           "An Act relating to the office of victims' rights."                                      
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Judiciary Committees.                                                                   
                                                                                                    
SB 43                                                                                             
SENATE BILL NO. 43 BY SENATOR OLSON, entitled:                                                      
                                                                                                    
             "An Act extending the termination date of the State                                   
           Medical Board."                                                                          
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    

2003-01-29                     Senate Journal                      Page 0075
SB 44                                                                                             
SENATE BILL NO. 44 BY SENATOR OLSON, entitled:                                                      
                                                                                                    
           "An Act relating to the recovery of the expenses of                                      
           the Department of Environmental Conservation that                                        
           are incurred when containing or cleaning up a                                            
           discharge, release, or threatened release of oil; and                                    
           providing for an effective date."                                                        
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 45                                                                                             
SENATE BILL NO. 45 BY SENATOR GREEN, entitled:                                                      
                                                                                                    
           "An Act relating to the Legislative Budget and Audit                                     
           Committee."                                                                              
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 46                                                                                             
SENATE BILL NO. 46 BY SENATOR GUESS, entitled:                                                      
                                                                                                    
           "An Act relating to stalking and to violating a                                          
           protective order; and amending Rules 4 and 65,                                           
           Alaska Rules of Civil Procedure, and Rule 9, Alaska                                      
           Rules of Administration."                                                                
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
SB 47                                                                                             
SENATE BILL NO. 47 BY SENATOR WAGONER, entitled:                                                    
                                                                                                    
           "An Act extending the termination date of the Board                                      
           of Nursing."                                                                             
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 

2003-01-29                     Senate Journal                      Page 0076
SB 48                                                                                             
SENATE BILL NO. 48 BY SENATOR WAGONER, entitled:                                                    
                                                                                                    
             "An Act extending the termination date of the Board                                   
           of Certified Direct-Entry Midwives."                                                     
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Davis moved and asked unanimous consent to be excused                                       
from a call of the Senate from noon, January 31, through plane time,                                
February 2. Without objection, Senator Davis was excused.                                           
                                                                                                    
Senator Wagoner moved and asked unanimous consent to be excused                                     
from a call of the Senate from 5:00 p.m. January 30, through morning                                
plane time, February 3. Without objection, Senator Wagoner was                                      
excused.                                                                                            
                                                                                                    
Senator Cowdery moved and asked unanimous consent to be excused                                     
from a call of the Senate on January 31, through morning plane time,                                
February 3. Without objection, Senator Cowdery was excused.                                         
                                                                                                    
Senator Ogan moved and asked unanimous consent to be excused                                        
from a call of the Senate from evening plane time, February 13,                                     
through morning plane time, February 17. Without objection, Senator                                 
Ogan was excused.                                                                                   
                                                                                                    
Senator Austerman moved and asked unanimous consent to be                                           
excused from a call of the Senate from noon, February 6, through                                    
evening plane time, February 9. Without objection, Senator Austerman                                
was excused.                                                                                        
                                                                                                    
Senator French moved and asked unanimous consent to be excused                                      
from a call of the Senate from February 7 through February 10.                                      
Without objection, Senator French was excused.                                                      
                                                                                                    
                                                                                                    

2003-01-29                     Senate Journal                      Page 0077
SB 13                                                                                             
Senator French moved and asked unanimous consent to be shown as a                                   
cosponsor on SENATE BILL NO. 13, "An Act prohibiting                                                
discrimination in insurance rates based on credit rating or credit                                  
scoring; and providing for an effective date." Without objection, it was                            
so ordered.                                                                                         
                                                                                                    
SB 19                                                                                             
Senators French and Dyson moved and asked unanimous consent to be                                   
shown as cosponsors on SENATE BILL NO. 19, "An Act amending                                         
the definition of group health insurance, and allowing the Department                               
of Administration to obtain a policy or policies of group health care                               
insurance for employers that are small businesses, nonprofit                                        
organizations, special services organizations, or small associations for                            
insurance purposes; and providing for an effective date."  Without                                  
objection, it was so ordered.                                                                       
                                                                                                    
SB 28                                                                                             
Senators French and Dyson moved and asked unanimous consent to be                                   
shown as cosponsors on SENATE BILL NO. 28, "An Act amending                                         
the definition of group health insurance, and allowing the Department                               
of Administration to obtain a policy or policies of group health care                               
insurance for employers that are small businesses, nonprofit                                        
organizations, special services organizations, or small associations for                            
insurance purposes; and providing for an effective date." Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
SJR 4                                                                                             
Senator French moved and asked unanimous consent to be shown as a                                   
cosponsor on SENATE JOINT RESOLUTION NO. 4 Urging the                                               
United States Congress to pass legislation to open the coastal plain of                             
the Arctic National Wildlife Refuge, Alaska, to oil and gas                                         
exploration, development, and production. Without objection, it was                                 
so ordered.                                                                                         
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    

2003-01-29                     Senate Journal                      Page 0078
                                 Adjournment                                                     
                                                                                                    
Senator Stevens moved and asked unanimous consent that the Senate                                   
stand in adjournment until 10:00 a.m., January 31, 2003. Without                                    
objection, the Senate adjourned at 11:22 a.m.                                                       
                                                                                                    
                                                                          Kirsten Waid              
                                                             Secretary of the Senate                
                                                                                                    
                                                                          January 2003              

2003-01-29                     Senate Journal                      Page 0079
                                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 29          Wednesday                        Fahrenkamp 203                  1:30 PM          
                No Meeting Scheduled                                                                
                                                                                                    
Jan 31          Friday                           Fahrenkamp 203                  1:30 PM          
                No Meeting Scheduled                                                                
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 29          Wednesday                     Senate Finance 532                9:00 AM           
                No Meeting Scheduled                                                                
                                                                                                    
Jan 30          Thursday                      Senate Finance 532                9:00 AM           
                No Meeting Scheduled                                                                
                                                                                                    
Jan 31          Friday                        Senate Finance 532                9:00 AM           
                No Meeting Scheduled                                                                
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Jan 29          Wednesday                            Butrovich 205               1:30 PM          
                No Meeting Scheduled                                                                
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2003-01-29                     Senate Journal                      Page 0080
                                  JUDICIARY                                                      
                                                                                                    
Jan 29          Wednesday                                  Beltz 211             1:30 PM          
                No Meeting Scheduled                                                                
                                                                                                    
Jan 31          Friday                                  Capitol 122              1:00 PM          
                -- Time and Location Change --                                                      
+               Joint w/(H) Judiciary                                                               
                Confirmation Hearings:                                                              
                Select Committee on Legislative Ethics-                                             
                Dennis "Skip" Cook                                                                  
                Shirley McCoy                                                                       
                Herman G. Walker, Jr.                                                               
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Jan 30          Thursday                                   Beltz 211             1:30 PM          
                Confirmation Hearing:                                                               
                Greg O'Claray                                                                       
                Commissioner, Dept of Labor                                                         
                                                                                                    
Feb 26          Wednesday                     Senate Finance 532                 3:00 PM          
                -- Time and Location Change --                                                      
+               Joint w/(H) Labor and Commerce                                                      
                Confirmation Hearings:                                                              
                Regulatory Commission of Alaska-                                                    
                Dave Harbour                                                                        
                Mark Johnson                                                                        
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Jan 29          Wednesday                            Butrovich 205               3:30 PM          
                No Meeting Scheduled                                                                
                                                                                                    
Jan 31          Friday                               Butrovich 205               3:30 PM          
                No Meeting Scheduled                                                                
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2003-01-29                     Senate Journal                      Page 0081
                                    RULES                                                        
                                                                                                    
Feb 03          Monday                           Fahrenkamp 203                  1:00 PM          
                Organizational Meeting                                                              
                Longevity Pay Increment Policy                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Jan 30          Thursday                                   Beltz 211             3:30 PM          
                No Meeting Scheduled                                                                
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Feb 11          Tuesday                              Butrovich 205               1:30 PM          
     SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Feb 05          Wednesday                                  Beltz 211            8:30 AM           
                Introductory Organizational Meeting                                                 
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                 FISH CAUCUS                                                     
                                                                                                    
Feb 05          Wednesday                            Butrovich 205             12:00 PM           
                Status of AK Commercial Seafood Industry:                                           
                Chris McDowell