Legislature(2003 - 2004)

2003-02-28 Senate Journal

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2003-02-28                     Senate Journal                      Page 0287
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- FIRST SESSION                                      
                                                                                                    
Juneau, Alaska                      Friday               February 28, 2003                        
                                                                                                    
                               Thirty-ninth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 10:10 a.m.                                                                            
                                                                                                    
The roll showed eighteen members present. Senators Ogan, Wilken                                     
were excused from a call of the Senate.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Jim Duncan of the                                    
Peninsula Christian Center, Soldotna. Senator Hoffman moved and                                     
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
          Let's pray:                                                                               
                                                                                                    
          Heavenly Father, I am grateful for the opportunity to                                     
          be here this morning, and I'm thankful to be able to                                      
          pray for those who have answered the call.                                                
                                                                                                    
          They've answered a call of leadership, of servant                                         
          leadership, and some may even ask why, Lord, at a                                         
          time like this, with a future that has some difficult                                     
          navigation to be done. I just pray that we would rely                                     
          on You. I know that they may ask, Lord, what does                                         
          the future hold, but we rely on a God that knows the                                      
          plan and the future for us, and has a hope for us. So                                     
          we pray that You would bless each Senator. We                                             
          invoke Your wisdom and insight for state issues and                                       
          then even as our country navigates global issues, we                                      
          pray that the same wisdom of our Heavenly Father                                          
          would be handed down to those in national offices:                                        
          our President, our Congress. And then we also pray                                        
          today for travel mercy. We pray, Lord, that You keep                                      

2003-02-28                     Senate Journal                      Page 0288
                Your hand upon each one that may be traveling                                      
         today. We ask it in Christ's name.                     Amen.                              
                                                                                                    
Senator Lincoln led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the thirty-seventh and thirty-eighth legislative days be                               
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Letter dated February 27 was received, requesting that previously                                   
submitted expiration dates for certain appointees to boards and                                     
commissions be corrected in order to adhere to AS 39.05.053.                                        
                                                                                                    
Alaska State Board of Public Accountancy                                                          
 Dan F. Kennedy - Wasilla                                                                           
  Appointed: 04/25/03     Expires: 03/01/07                                                         
 Laura Welles - Kenai                                                                               
  Appointed: 04/25/03     Expires: 03/01/07                                                         
                                                                                                    
State Board of Registration for Architects, Engineers, and Land                                   
Surveyors                                                                                         
 Robert E. Gilfilian - Anchorage                                                                    
  Appointed: 03/01/03     Expires: 03/01/06                                                         
 Kimberly Mills - Homer                                                                             
  Appointed: 02/12/03     Expires: 03/01/06                                                         
                                                                                                    
Board of Dispensing Opticians                                                                     
 Roberta Rawcliffe - Wasilla                                                                        
  Appointed: 02/19/99 Reappointed: 07/18/02                                                         
  Expires: 03/01/06                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0289
State Board of Education and Early Development                                                    
 Shirley Holloway - Anchorage                                                                       
  Appointed: 03/03/03     Expires: 03/01/05                                                         
 Richard I. Mauer - Delta Junction                                                                  
  Appointed: 02/20/03     Expires 03/01/08                                                          
 Sylvia Reynolds - Soldotna                                                                         
  Appointed: 02/20/03     Expires 03/01/04                                                          
 Rex Rock - Point Hope                                                                              
  Appointed: 02/20/03     Expires 03/01/04                                                          
                                                                                                    
State Commission for Human Rights                                                                 
 Robert B. Sawyer, Jr. - Fairbanks                                                                  
  Appointed: 02/19/03     Expires: 03/01/08                                                         
                                                                                                    
Alaska Judicial Council                                                                           
 Bill Gordon - Fairbanks                                                                            
  Appointed: 05/18/03     Expires: 03/01/09                                                         
                                                                                                    
State Medical Board                                                                               
 Dr. G. Bert Flaming - Glennallen                                                                   
  Appointed: 02/12/03     Expires: 03/01/04                                                         
 Dr. John Troxel - Anchorage                                                                        
  Appointed: 02/12/03     Expires: 03/01/06                                                         
                                                                                                    
Oil and Gas Conservation Commission                                                               
 Sarah H. Palin - Wasilla                                                                           
  Appointed: 02/19/03     Expires: 03/01/08                                                         
 Randy Ruedrich - Anchorage                                                                         
  Appointed: 02/19/03     Expires: 03/01/06                                                         
                                                                                                    
Personnel Board                                                                                   
 Paulette M. Simpson - Juneau                                                                       
  Appointed 02/11/03 Expires: 03/01/08                                                              
                                                                                                    
State Physical Therapy and Occupational Therapy Board                                             
 Mary Ann Paul - Eagle River                                                                        
  Appointed: 11/22/02  Expires: 03/01/06                                                            
                                                                                                    
Board of Certified Real Estate Appraisers                                                         
 Steve MacSwain - Anchorage                                                                         
  Appointed: 02/19/03 Expires: 03/01/06                                                             

2003-02-28                     Senate Journal                      Page 0290
University of Alaska Board of Regents                                                             
 Mary K. Hughes - Anchorage                                                                         
  Appointed: 07/09/02     Expires 02/01/09                                                          
 Michael Snowden - Sitka                                                                            
  Appointed: 01/21/03     Expires 02/01/09                                                          
                                                                                                    
Regulatory Commission of Alaska (RCA)                                                             
 Mark Johnson - Anchorage                                                                           
  Appointed: 07/01/03     Expires 03/01/09                                                          
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated February 28 was read, stating:                                                        
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Twenty-third Legislature at 12:00 noon Tuesday, March                                
4, 2003, for the purpose of limited confirmation of Governor                                        
Murkowski's appointees.                                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate accept the House invitation to meet in Joint Session. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
Message dated February 27 was read, stating:                                                        
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Twenty-third Alaska Legislature at 7:00 p.m.                                         
Wednesday, March 5, 2003, for the purpose of hearing Governor                                       
Murkowski's 2003 Budget Address.                                                                    
                                                                                                    
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.                                                    
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0291
SJR 4                                                                                             
Message dated February 26 was read, stating the House passed and                                    
returned:                                                                                           
                                                                                                    
          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.                                                                               
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
Message dated February 26 was read, stating the House passed and                                    
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 79                                                                                             
HOUSE BILL NO. 79 BY THE HOUSE COMMUNITY AND                                                        
REGIONAL AFFAIRS COMMITTEE, entitled:                                                               
                                                                                                    
          "An Act extending the termination date of the Alaska                                      
          regional economic assistance program; and providing                                       
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 101                                                                                            
CS FOR HOUSE BILL NO. 101(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act making special appropriations to promote                                          
          the opening of the Arctic National Wildlife Refuge                                        
          for oil and gas exploration and development; and                                          
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0292
                          Standing Committee Reports                                             
                                                                                                    
Report dated February 26 was read, stating:                                                         
                                                                                                    
In accordance with AS 39.05.080, the Senate Labor and Commerce                                      
Committee in Joint Session with the House Labor and Commerce                                        
Committee reviewed the following with regard to confirmation of the                                 
Governor's appointments and recommends the appointments be                                          
forwarded to a Joint Session for consideration:                                                     
                                                                                                    
Regulatory Commission of Alaska                                                                   
 Dave Harbour                                                                                       
 Mark Johnson                                                                                       
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individuals by committee members. This does not reflect intent by any                               
of the members to vote for or against the individuals during any                                    
further sessions.                                                                                   
                                                                                                    
Signing the report: Senator Bunde, Chair; Senator Seekins, Vice                                     
Chair; Senators Gary Stevens, Davis, French.                                                        
                                                                                                    
Reports dated February 26 were read, stating:                                                       
                                                                                                    
In accordance with AS 39.05.080, the Senate Resources Committee                                     
reviewed the following with regard to confirmation of the Governor's                                
appointments and recommends the appointments be forwarded to a                                      
Joint Session for consideration:                                                                    
                                                                                                    
Oil and Gas Conservation Commission                                                               
 Sarah H. Palin                                                                                     
 Randy Ruedrich                                                                                     
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individuals during any further sessions.                                                
                                                                                                    
Signing the report: Senator Ogan, Chair; Senators Wagoner, Dyson,                                   
Seekins, Ben Stevens, Lincoln, Elton.                                                               
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0293
Report dated February 27 was read, stating:                                                         
                                                                                                    
In accordance with AS 39.05.080, the Senate State Affairs Committee                                 
reviewed the following with regard to confirmation of the Governor's                                
appointment and recommends the appointment be forwarded to a Joint                                  
Session for consideration:                                                                          
                                                                                                    
Commissioner - Department of Public Safety                                                        
 Bill Tandeske                                                                                      
                                                                                                    
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 the individual during any                                 
further sessions.                                                                                   
                                                                                                    
Signing the report: Senator Gary Stevens, Chair; Senators Cowdery,                                  
Dyson, Guess.                                                                                       
                                                                                                    
Report dated February 27 was read, stating:                                                         
                                                                                                    
In accordance with AS 39.05.080, the Senate State Affairs Committee                                 
reviewed the following with regard to confirmation of the Governor's                                
appointment and recommends the appointment be forwarded to a Joint                                  
Session for consideration:                                                                          
                                                                                                    
Commissioner - Department of Administration                                                       
 Mike Miller                                                                                        
                                                                                                    
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 the individual during any                                 
further sessions.                                                                                   
                                                                                                    
Signing the report: Senator Gary Stevens, Chair; Senators Cowdery,                                  
Dyson, Guess, Hoffman.                                                                              
                                                                                                    
SB 43                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
43 "An Act extending the termination date of the State Medical                                      
Board." Signing do pass: Senator Bunde, Chair; Senators Seekins,                                    
Davis, French, Gary Stevens.                                                                        

2003-02-28                     Senate Journal                      Page 0294
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Community and Economic                                            
 Development                                                                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 51                                                                                             
The Finance Committee considered SENATE BILL NO. 51 "An Act                                         
relating to revenue bonds issued by the Alaska Municipal Bond Bank                                  
Authority and the total amount of bonds and notes outstanding of that                               
authority; and providing for an effective date." Signing do pass:                                   
Senators Green and Wilken, Cochairs; Senators Taylor, Hoffman,                                      
Bunde, Ben Stevens. Signing no recommendation: Senator Olson.                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
 Development                                                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 54                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
54 "An Act exempting flight crew members of certain air carriers from                               
overtime pay requirements." Signing do pass: Senator Bunde, Chair;                                  
Senators Seekins, Davis, French, Gary Stevens.                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
 Development                                                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 62                                                                                             
The Community and Regional Affairs Committee considered                                             
SENATE BILL NO. 62 "An Act extending the termination date of the                                    
Alaska regional economic assistance program; and providing for an                                   
effective date." Signing do pass: Senator Wagoner, Chair; Senators                                  
Taylor, Gary Stevens, Lincoln, Elton.                                                               
                                                                                                    

2003-02-28                     Senate Journal                      Page 0295
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Community and Economic                                            
 Development                                                                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 63                                                                                             
The Community and Regional Affairs Committee considered                                             
SENATE BILL NO. 63 "An Act relating to municipal property                                           
taxation in annexed and detached areas; and providing for an effective                              
date." Signing do pass: Senator Wagoner, Chair; Senator Taylor.                                     
Signing no recommendation: Senators Gary Stevens, Elton.                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
 Development                                                                                        
                                                                                                    
The bill was referred to the State Affairs Committee.                                               
                                                                                                    
SB 71                                                                                             
The Transportation Committee considered SENATE BILL NO. 71                                          
"An Act relating to funding for transportation enhancement projects"                                
and recommended it be replaced with                                                                 
                                                                                                    
                    CS FOR SENATE BILL NO. 71(TRA) "An Act                                         
             relating to funding for transportation projects; and                                  
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Cowdery, Chair; Senators Olson, Wagoner.                                   
Signing no recommendation: Senator Therriault. Signing amend:                                       
Senator Lincoln.                                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
 Facilities                                                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0296
SB 73                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
73 "An Act relating to the authority of the Alaska Industrial                                       
Development and Export Authority to issue bonds; and providing for                                  
an effective date." Signing do pass: Senator Bunde, Chair; Senators                                 
Seekins, Davis, French, Gary Stevens.                                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
 Development                                                                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 78                                                                                             
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 78 "An Act relating to an optional group of                                         
persons eligible for medical assistance who require treatment for                                   
breast and cervical cancer; relating to cost sharing by those recipients                            
under the medical assistance program; and providing for an effective                                
date." Signing do pass: Senator Dyson, Chair; Senators Wilken, Green.                               
Signing no recommendation: Senator Guess. Signing amend: Senator                                    
Davis.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Health & Social Services                                          
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 58                                                                                             
The Community and Regional Affairs Committee considered HOUSE                                       
BILL NO. 58 "An Act relating to the reinstatement of Native                                         
corporations; and providing for an effective date." Signing do pass:                                
Senator Wagoner, Chair; Senators Taylor, Gary Stevens. Signing no                                   
recommendation: Senator Elton.                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
 Development                                                                                        
                                                                                                    
The bill was referred to the Labor and Commerce Committee.                                          

2003-02-28                     Senate Journal                      Page 0297
HB 68                                                                                             
The Community and Regional Affairs Committee considered CS FOR                                      
HOUSE BILL NO. 68(JUD) "An Act relating to the jurisdiction of the                                  
office of victims' rights." Signing do pass: Senator Wagoner, Chair;                                
Senators Taylor, Gary Stevens, Elton.                                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Legislative Agency                                                        
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SCR 1                                                                                             
The Finance Committee considered SENATE CONCURRENT                                                  
RESOLUTION NO. 1 Relating to economic development generated                                         
by new road construction and to the design and construction of the Hot                              
Springs Loop Road to connect Chena Hot Springs and Circle Hot                                       
Springs and recommended it be replaced with                                                         
                                                                                                    
          CS FOR SENATE CONCURRENT RESOLUTION                                                       
          NO. 1(FIN) Relating to economic development                                               
          generated by new road construction and to the design                                      
          and construction of the Hot Springs Loop Road to                                          
          connect Chena Hot Springs and Circle Hot Springs,                                         
          of a highway along the Bradfield/Iskut Rivers                                             
          transportation corridor, of the Knik Arm Crossing, of                                     
          a road from Iliamna Bay to Pile Bay, and of other                                         
          roads and highways.                                                                       
                                                                                                    
Signing do pass: Senators Green and Wilken, Cochair; Senators                                       
Taylor, Hoffman, Olson, Ben Stevens. Signing no recommendation:                                     
Senator Bunde.                                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
 Facilities                                                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0298
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 8                                                                                             
SENATE JOINT RESOLUTION NO. 8 BY SENATOR SEEKINS,                                                   
                                                                                                    
          Relating to the division of the Ninth Circuit Court of                                    
          Appeals.                                                                                  
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 86                                                                                             
SENATE BILL NO. 86 BY THE SENATE FINANCE COMMITTEE,                                                 
entitled:                                                                                           
                                                                                                    
          "An Act relating to the rate of interest on delinquent                                    
          taxes."                                                                                   
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 87                                                                                             
SENATE BILL NO. 87 BY SENATOR SEEKINS, entitled:                                                    
                                                                                                    
          "An Act relating to principal and income in the                                           
          administration of trusts and decedents' estates and the                                   
          mental health trust fund; adopting a version of the                                       
          Uniform Principal and Income Act; and providing for                                       
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
SB 88                                                                                             
SENATE BILL NO. 88 BY SENATOR SEEKINS, entitled:                                                    
                                                                                                    
          "An Act relating to standards for forest resources and                                    
          practices; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Resources Committee.                                    

2003-02-28                     Senate Journal                      Page 0299
SB 89                                                                                             
SENATE BILL NO. 89 BY SENATOR SEEKINS, entitled:                                                    
                                                                                                    
          "An Act amending the definition of 'lobbyist' in the                                      
          Regulation of Lobbying Act, and as it applies in the                                      
          act setting standards of conduct for legislators and                                      
          legislative employees, to define 'regular' and                                            
          'substantial' as those terms describe activities for                                      
          which a person receives consideration for the purpose                                     
          of influencing legislative or administrative action."                                     
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
SB 90                                                                                             
SENATE BILL NO. 90 BY SENATOR GARY STEVENS, entitled:                                               
                                                                                                    
          "An Act relating to the base student allocation used in                                   
          the formula for state funding of public education; and                                    
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 91                                                                                             
SENATE BILL NO. 91 BY SENATOR DAVIS, entitled:                                                      
                                                                                                    
          "An Act relating to the base student allocation used in                                   
          the formula for state funding of public education; and                                    
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 92                                                                                             
SENATE BILL NO. 92 BY THE SENATE RESOURCES                                                          
COMMITTEE, entitled:                                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0300
          "An Act amending the standards applicable to                                              
          determining whether, for purposes of the Alaska                                           
          Stranded Gas Development Act, a proposed new                                              
          investment constitutes a qualified project, and                                           
          extending the deadline for applications relating to the                                   
          development of contracts for payments in lieu of                                          
          taxes and for royalty adjustments that may be                                             
          submitted for consideration under that Act; and                                           
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 93                                                                                             
SENATE BILL NO. 93 BY SENATOR WAGONER, entitled:                                                    
                                                                                                    
          "An Act relating to limitations on actions to quiet title                                 
          to, eject a person from, or recover real property or the                                  
           possession of it; and providing for an effective date."                                 
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
SB 94                                                                                             
SENATE BILL NO. 94 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to benefits for retired teachers or                                      
          employees who participated in retirement incentive                                        
          programs and are subsequently reemployed as a                                             
          commissioner; and providing for an effective date."                                       
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
Governor's transmittal letter dated February 27:                                                    
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0301
Dear President Therriault:                                                                          
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to reemployment of certain members of the                              
Teachers' Retirement System of Alaska (TRS) and the Public                                          
Employees' Retirement System (PERS) who have retired under a                                        
retirement incentive plan (RIP).                                                                    
                                                                                                    
The objective of this bill is to allow a person who retired under a RIP                             
to return to state service as a commissioner without being penalized.                               
                                                                                                    
It is in the best interest of the people of Alaska to ensure that                                   
administrative departments of state government be managed by                                        
competent, skilled, knowledgeable, and experienced persons.                                         
Choosing to serve Alaska as the head of a state agency, in many cases,                              
requires an individual to make sacrifices they may never have                                       
anticipated. This bill would remove one of the major disincentives,                                 
and give the Governor greater flexibility in filling out his cabinet.                               
                                                                                                    
Under existing law, if a TRS or PERS member who took normal                                         
retirement and retired under a RIP is re-employed in the TRS or PERS                                
system, the member forfeits the incentive credit and becomes indebted                               
to the TRS or PERS. This bill would allow a TRS or PERS member in                                   
this situation who is re-employed as a commissioner to accept the                                   
position without being subject to the reemployment indebtedness.                                    
                                                                                                    
Under existing law, a retired member of the TRS or PERS who took                                    
normal retirement and is re-employed in a TRS or PERS position may                                  
elect to continue receiving the member's retirement benefits during the                             
period of employment. A member who retired under a RIP, however,                                    
may not make the election to continue receiving TRS or PERS                                         
retirement benefits. This bill would allow a TRS or PERS member in                                  
this situation who is subsequently re-employed as a commissioner to                                 
elect to continue receiving retirement benefit payments during the                                  
period of reemployment.                                                                             
                                                                                                    
Finally, under existing law, the option to elect to continue receiving                              
TRS or PERS benefits during the period of reemployment is repealed                                  
as of July 1, 2005. This bill repeals that option for individuals subject                           
to the bill, i.e., TRS or PERS members who retired under a RIP and                                  
are subsequently re-employed as a commissioner.                                                     

2003-02-28                     Senate Journal                      Page 0302
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor                                                                                            
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Jason P. Quinn                                                                           
Senator(s) Gary Stevens, Ogan, French, Therriault, Cowdery, Davis,                                  
Dyson, Elton, Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens,                                 
Taylor, Wilken                                                                                      
                                                                                                    
In Memoriam -  Michael Lee Mikkelsen                                                                
Senator(s) Ogan, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                   
Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens,                                        
Taylor, Wilken                                                                                      
                                                                                                    
In Memoriam - Patricia Marie Acton                                                                  
Senator(s) Ogan, Green, Therriault, Cowdery, Davis, Dyson, Elton,                                   
Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Gary Stevens,                                        
Taylor, Wilken                                                                                      
Representative(s) Masek                                                                             
                                                                                                    
In Memoriam - Larry L. Clendenen                                                                    
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Cowdery, Davis, Dyson, Elton,                                  
Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Taylor,                                       
Wilken                                                                                              
                                                                                                    
In Memoriam - Jonathan Bruce Perry                                                                  
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Cowdery, Davis, Dyson, Elton,                                  
Green, Guess, Hoffman, Lincoln, Seekins, Ben Stevens, Taylor,                                       
Wilken                                                                                              
                                                                                                    

2003-02-28                     Senate Journal                      Page 0303
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.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Ellis moved and asked unanimous consent to be excused from                                  
a call of the Senate on March 3, to plane time. Without objection,                                  
Senator Ellis was excused.                                                                          
                                                                                                    
Senator Bunde moved and asked unanimous consent to be excused                                       
from a call of the Senate from February 28, evening plane time,                                     
through March 3, morning plane time. Without objection, Senator                                     
Bunde was excused.                                                                                  
                                                                                                    
Senator Guess moved and asked unanimous consent to be excused                                       
from a call of the Senate from March 5, noon, through March 10,                                     
plane time. Without objection, Senator Guess was excused.                                           
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SCR 5                                                                                             
SENATE CONCURRENT RESOLUTION NO. 5 Relating to                                                      
declaring March 2003 as Sobriety Awareness Month, was enrolled,                                     
signed by the President and Secretary, Speaker and Chief Clerk and                                  
the engrossed and enrolled copies transmitted to the Office of the                                  
Governor at 2:33 p.m., February 27, 2003.                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0304
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., March 3 2003. Without                                 
objection, the Senate adjourned at 10:31 a.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2003                        

2003-02-28                     Senate Journal                      Page 0305
                                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 28        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 03        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 05        Wednesday                    Fahrenkamp 203             1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
+= SB  38 ADOPTION OF SAFETY CODES                                                                  
+= HCR  2 EXTEND ALASKA RAILROAD TO FT. GREELY                                                      
                                                                                                    
Mar 07        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 03        Monday                    Senate Finance 532            9:00 AM                     
     SB  78 MEDICAID FOR BREAST & CERVICAL CANCER                                                   
= SB  75 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
= SB  76 SUPPLEMENTAL APPROPRIATIONS                                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 04        Tuesday                   Senate Finance 532            9:00 AM                     
              Joint w/(H) Finance                                                                   
              State of Our University Address                                                       
              President Mark Hamilton, University of Alaska                                         

2003-02-28                     Senate Journal                      Page 0306
                             FINANCE (continued)                                                 
                                                                                                    
Mar 05        Wednesday                 Senate Finance 532            9:00 AM                     
= SB  75 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
= SB  76 SUPPLEMENTAL APPROPRIATIONS                                                                
     HB 101 APPROP: GRANT TO ARCTIC POWER FOR ANWR                                                  
= SB  20 EXTEND BOARD OF MARINE PILOTS                                                              
     SB  47 EXTEND BOARD OF NURSING                                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 06        Thursday                  Senate Finance 532            9:00 AM                     
= SB  75 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
= SB  76 SUPPLEMENTAL APPROPRIATIONS                                                                
     SB  25 AHFC LOANS TO EDUCATORS                                                                 
     SB  43 EXTEND STATE MEDICAL BOARD                                                              
     HB  71 EXTEND BOARD OF MIDWIVES                                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 07        Friday                    Senate Finance 532            9:00 AM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 03        Monday                          Butrovich 205           1:30 PM                     
+             Confirmation Hearings:                                                                
              University of Alaska Board of Regents -                                               
              James C. Hayes, Cynthia Henry,                                                        
              Mary K. Hughes, Michael Snowden,                                                      
              Derek Miller                                                                          
              Board of Education and Early Development-                                             
              Patsy DeWitt, Esther Cox,                                                             
              Shirley Holloway, Richard I. Mauer,                                                   
              Sylvia Reynolds, Rex Rock, Tim R. Scott                                               
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 05        Wednesday                       Butrovich 205           1:30 PM                     
+ SB   8 TAMPERING WITH PUBLIC RECORDS                                                              
+ SB  55 TAMPERING WITH PUBLIC RECORDS                                                              
+ SB  17 MEDICAID FOR BREAST & CERVICAL CANCER                                                      
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    

2003-02-28                     Senate Journal                      Page 0307
                                  JUDICIARY                                                      
                                                                                                    
Feb 28        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 03        Monday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 05        Wednesday                          Capitol 120          1:00 PM                     
              -- Time and Location Change --                                                        
              Joint w/(H) Judiciary                                                                 
              Confirmation Hearings:                                                                
              Select Committee on Legislative Ethics -                                              
              Dennis "Skip" Cook, Herman G. Walker, Jr                                              
              Judicial Council - Bill Gordon                                                        
              Violent Crimes Compensation Board -                                                   
              Gerad G. Godfrey                                                                      
                                                                                                    
Mar 07        Friday                             Capitol 120          1:00 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Mar 04        Tuesday                               Beltz 211         1:30 PM                     
+ SJR  7 VANCOUVER'S BID FOR 2010 WINTER GAMES                                                      
              Confirmation Hearings:                                                                
              Board of Public Accountancy                                                           
              Alcoholic Beverage Control Board                                                      
              Architects, Engineers and Land Surveyors                                              
              Board of Barbers and Hairdressers                                                     
              Board of Chiropractic Examiners                                                       
              Board of Marine Pilots                                                                
              Personnel Board                                                                       
              Certified Real Estate Appraisers                                                      
              Board of Veterinary Examiners                                                         
              Workers Compensation Board                                                            
                                                                                                    
Mar 06        Thursday                              Beltz 211         1:30 PM                     
+= SB  72 EXTEND REGULATORY COMMISSION OF ALASKA                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2003-02-28                     Senate Journal                      Page 0308
                                  RESOURCES                                                      
                                                                                                    
Feb 28        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 03        Monday                          Butrovich 205           3:30 PM                     
+             Confirmation Hearing:                                                                 
              Commissioner, Dept of Fish & Game                                                     
              (Pending Referral)                                                                    
+ SB  79 EXTEND ALASKA MINERALS COMMISSION                                                          
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 05        Wednesday                       Butrovich 205           3:30 PM                     
+ SB  92 STRANDED GAS DEVELOPMENT ACT AMENDMENTS                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 07        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 06        Thursday                              Beltz 211         3:30 PM                     
              <Rescheduled from 2/27/03>                                                            
+             Confirmation Hearings:                                                                
              State Commission on Human Rights -                                                    
              Grace Merkes                                                                          
              Lester Lunceford                                                                      
              Robert B. Sawyer, Jr                                                                  
              AK Public Offices Commission -                                                        
              Larry D. Wood                                                                         
+ SCR  4 AVALANCHE AWARENESS MONTH                                                                  
+ SB  77 WILLIAM RANSOM WOOD CENTENNIAL BRIDGE                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Mar 04        Tuesday                         Butrovich 205           1:30 PM                     
     SB  83 SVEN HAAKANSON AIRPORT AT OLD HARBOR                                                    
     SB  23 ANCHORAGE COASTAL WILDLIFE REFUGE                                                       
                                                                                                    
Mar 06        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  

2003-02-28                     Senate Journal                      Page 0309
                          TRANSPORTATION (continued)                                             
                                                                                                    
Mar 11        Tuesday                      Terry Miller 104           1:30 PM                     
              -- Location Change --                                                                 
= SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                   
              <Bill Hearing Postponed to 3/18/03>                                                   
+             Joint w/(H) Transportation                                                            
              Port of Bellingham                                                                    
                                                                                                    
Mar 13        Thursday                     Terry Miller 104           1:15 PM                     
              -- Time and Location Change --                                                        
+             Joint w/(H) Transportation                                                            
              Airport Bond Issues                                                                   
                                                                                                    
Mar 18        Tuesday                         Butrovich 205           1:30 PM                     
              -- Rescheduled from 3/11/03 --                                                        
+= SB  31 RAILROAD UTILITY CORRIDOR TO & IN CANADA                                                  
                                                                                                    
Mar 25        Tuesday                         Butrovich 205           1:30 PM                     
+= SB  40 CONSTRUCTION OF HIGHWAYS BY DOTPF                                                         
                   ----------------------------------------                                        
                                                                                                    
                              SPECIAL COMMITTEES                                                 
                                                                                                    
                   WORLD TRADE AND STATE/FEDERAL RELATIONS                                       
                                                                                                    
Mar 10        Monday                       Fahrenkamp 203             4:00 PM                     
              Briefings:                                                                            
              Northern Forum,                                                                       
              Circumpolar Infrastructure Task Force                                                 
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Mar 11        Tuesday                   Senate Finance 532            1:00 PM                     
              Military Legislative Address:                                                         
              Lt General Carrol H. "Howie" Chandler,                                                
              USAF Commander, Alaska Command                                                        
              Brigadier General Craig Campbell,                                                     
              Adjutant General, Alaska National Guard                                               

2003-02-28                     Senate Journal                      Page 0310
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Mar 27        Thursday                   House Finance 519            4:00 PM                     
              Audits and Other Committee Business                                                   
              Including an Executive Session                                                        
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Mar 04        Tuesday                      House Chamber             12:00 PM                     
              Limited Confirmation of Governor's                                                    
              Appointees                                                                            
                                                                                                    
Mar 05        Wednesday                    House Chamber            11:00 AM                      
              State of the Judiciary                                                                
              Chief Justice Dana Fabe                                                               
                                                                                                    
Mar 05        Wednesday                    House Chamber              7:00 PM                     
              Budget Address                                                                        
              Governor Frank Murkowski                                                              
                                                                                                    
Mar 31        Monday                       House Chamber            11:00 AM                      
              Address by U.S. Senator Ted Stevens