Legislature(2003 - 2004)
2003-03-10 Senate Journal
Full Journal pdf2003-03-10 Senate Journal Page 0445 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday March 10, 2003 Forty-ninth Day Pursuant to adjournment the Senate was called to order by President Therriault at 11:19 a.m. The roll showed sixteen members present. Senators Bunde, French, Seekins, Wilken were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. In deepest respect of the different religious traditions present, never assuming that we all come from the same faith tradition, I invite you to spend a few moments with me in prayer and reflection. Let us pray: God of all people, help us to be honest today, but temper our honesty with compassion. May we always speak the truth in love. Preserve us from false talk, cheap words and insincere conversation as we seek to serve all the people. Inspired by those who have gone before us, give us the courage to lay aside our personal agendas, our anger or even our despair, and instead may we find the hope and healing that comes from the work You give us to do. Gracious God, guide the work of our hands this week to give the most attention to those who are most in need. May we never serve with arrogance or speak words that would harm another. May the result of our work be a state worthy of its many and varied people. Amen. 2003-03-10 Senate Journal Page 0446 Senator Davis led the Senate in the Pledge of Allegiance. Certification Senator Ben Stevens moved and asked unanimous consent that the journals for the forty-sixth through forty-eighth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 7 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 8 HOUSE CONCURRENT RESOLUTION NO. 8 BY REPRESENTATIVES KAPSNER, Meyer, Cissna, Heinze, Kerttula, Gatto, Wilson, Seaton, Samuels, Lynn, Harris, Requesting the Governor to declare March 16 - 22, 2003, to be Inhalants and Poisons Awareness Week. was read the first time and referred to the Health, Education and Social Services Committee. First Reading and Reference of House Bills HB 100 CS FOR HOUSE BILL NO. 100(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act making supplemental and other appropriations; amending appropriations; making appropriations to capitalize funds; and providing for an effective date." was read the first time and referred to the Finance Committee. 2003-03-10 Senate Journal Page 0447 Standing Committee Reports Reports dated March 6 were 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 appointments and recommends the appointments be forwarded to a Joint Session for consideration: State Commission for Human Rights Lester Lunceford Grace Merkes Robert B. Sawyer, Jr. There were no stated objections to the confirmation of any of the named individuals by committee members. This does not reflect an intent by any of the members to vote for or against the individuals during any further sessions. Signing the reports: Senator Gary Stevens, Chair; Senators Cowdery, Dyson. Report dated March 6 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: Alaska Public Offices Commission Larry D. Wood 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. 2003-03-10 Senate Journal Page 0448 SB 72 The Labor and Commerce Committee considered SENATE BILL NO. 72 "An Act extending the termination date of the Regulatory Commission of Alaska; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 72(L&C) Signing do pass: Senator Bunde, Chair; Senators Davis, French, Seekins, Gary Stevens. The following fiscal information was published today: Fiscal Note No. 2, Department of Community and Economic Development The bill was referred to the Finance Committee. SB 77 The State Affairs Committee considered SENATE BILL NO. 77 "An Act naming the William Ransom Wood Centennial Bridge in Fairbanks." Signing do pass: Senator Gary Stevens, Chair; Senators Cowdery, Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. SCR 4 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 4 Relating to Avalanche Awareness Month, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 4(STA) Signing do pass: Senator Gary Stevens, Chair; Senators Cowdery, Dyson. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate State Affairs Committee 2003-03-10 Senate Journal Page 0449 The resolution was referred to the Rules Committee. Introduction and Reference of Senate Resolutions SSCR 1 SENATE SPECIAL CONCURRENT RESOLUTION NO. 1 BY SENATORS ELTON, Davis, Lincoln, Disapproving Executive Order No. 107, relating to the transfer of certain functions of the Department of Fish and Game to the Department of Natural Resources and to the transfer of certain functions within the Department of Natural Resources. was read the first time and referred to the State Affairs and Resources Committees. SJR 10 SENATE JOINT RESOLUTION NO. 10 BY SENATORS GREEN, Bunde, Cowdery, Dyson, Ogan, Seekins, Ben Stevens, Gary Stevens, Taylor, Therriault, Wagoner, Wilken, Davis, Ellis, Elton, French, Lincoln, Olson, Guess, Relating to the Pledge of Allegiance. was read the first time and referred to the State Affairs Committee. SJR 11 SENATE JOINT RESOLUTION NO. 11 BY SENATORS ELLIS, Elton, Davis, Lincoln, French, Guess, Relating to urging that the 2006 National Veterans Wheelchair Games be held in Anchorage, Alaska. was read the first time and referred to the Community and Regional Affairs and State Affairs Committees. 2003-03-10 Senate Journal Page 0450 Introduction and Reference of Senate Bills SB 128 SENATE BILL NO. 128 BY SENATOR COWDERY, entitled: "An Act relating to licensing common carriers to dispense alcoholic beverages; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 129 SENATE BILL NO. 129 BY SENATOR TAYLOR BY REQUEST, entitled: "An Act relating to provider responsibility for ocular postoperative care; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Health, Education and Social Services Committees. SB 130 SENATE BILL NO. 130 BY SENATOR HOFFMAN, entitled: "An Act transferring the assets, liabilities, and responsibilities of the Alaska Municipal Bond Bank Authority and of the Alaska Student Loan Corporation to the Alaska Housing Finance Corporation; and relating to the Alaska Housing Finance Corporation." was read the first time and referred to the Labor and Commerce, Health, Education and Social Services and Finance Committees. SB 131 SENATE BILL NO. 131 BY SENATOR LINCOLN, entitled: "An Act relating to public school construction funding; and providing for an effective date." 2003-03-10 Senate Journal Page 0451 was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 132 SENATE BILL NO. 132 BY SENATOR LINCOLN, entitled: "An Act removing the Old Minto townsite from the Minto Flats State Game Refuge; and authorizing the Department of Natural Resources to convey certain land at the historic Old Minto site to the Minto Village Council." was read the first time and referred to the Community and Regional Affairs and Resources Committees. SB 133 SENATE BILL NO. 133 BY SENATORS ELLIS, Davis, Lincoln, French, Guess, entitled: "An Act relating to a state veterans' home; directing the Department of Administration to apply for federal grants available for construction of a state veterans' home; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, State Affairs and Finance Committees. SB 134 SENATE BILL NO. 134 BY SENATORS ELLIS, Davis, Lincoln, Guess, French, entitled: "An Act appropriating money for the construction of a state veterans' home; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, State Affairs and Finance Committees. 2003-03-10 Senate Journal Page 0452 SB 135 SENATE BILL NO. 135 BY SENATORS ELLIS, Elton, Davis, Lincoln, French, Guess, entitled: "An Act designating November 11 as Alaska Veterans Appreciation Day." was read the first time and referred to the State Affairs Committee. SB 136 SENATE BILL NO. 136 BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: "An Act increasing an optional exclusion or exemption from municipal taxation for residential property." was read the first time and referred to the Community and Regional Affairs and Finance Committees. Consideration of the Calendar Third Reading of Senate Bills SB 74 CS FOR SENATE BILL NO. 74(RES) "An Act extending the renewal period for oil discharge prevention and contingency plans; and providing for an effective date" was read the third time. Senator Lincoln moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. 2003-03-10 Senate Journal Page 0453 Senators Lincoln, Ogan offered Amendment No. 1 : Page 1, following line 3: Insert a new bill section to read: "*Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE FINDING. The legislature finds that focusing on the actual testing of oil spill prevention and response preparedness through in-the-field inspections, drills, and exercises is our most effective means of ensuring spill prevention and response readiness and protection of the environment." Renumber the following bill sections accordingly. Senator Lincoln moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 74(RES) am was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 74(RES) am "An Act extending the renewal period for oil discharge prevention and contingency plans; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 74(RES) am Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Stevens B, Stevens G, Taylor, Therriault, Wagoner Excused: Bunde, French, Seekins, Wilken and so, CS FOR SENATE BILL NO. 74(RES) am passed the Senate. 2003-03-10 Senate Journal Page 0454 Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Unfinished Business Senator Lincoln moved and asked unanimous consent to be excused from a call of the Senate on March 13. Without objection, Senator Lincoln was excused. Senator Hoffman moved and asked unanimous consent to be excused from a call of the Senate on March 19 and 20. Without objection, Senator Hoffman was excused. Announcements Announcements are at the end of the journal. Engrossment SB 74 CS FOR SENATE BILL NO. 74(RES) am "An Act extending the renewal period for oil discharge prevention and contingency plans; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Ben Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 12, 2003. Without objection, the Senate adjourned at 11:41 a.m. Kirsten Waid Secretary of the Senate March 2003 2003-03-10 Senate Journal Page 0455 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Mar 10 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 12 Wednesday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 14 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 10 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 11 Tuesday Senate Finance 532 9:00 AM SB 71 TRANSPORTATION ENHANCEMENT PROJECTS = SB 25 AHFC LOANS TO EDUCATORS = HB 101 APPROP: GRANT TO ARCTIC POWER FOR ANWR HB 100 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK Bills Previously Heard/Scheduled 2003-03-10 Senate Journal Page 0456 FINANCE (continued) Mar 12 Wednesday Senate Finance 532 9:00 AM AK Travel Industry Assoc. Presentation = HB 101 APPROP: GRANT TO ARCTIC POWER FOR ANWR = HB 100 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK Bills Previously Heard/Scheduled Mar 13 Thursday Senate Finance 532 9:00 AM SB 79 EXTEND ALASKA MINERALS COMMISSION Bills Previously Heard/Scheduled Mar 14 Friday Senate Finance 532 9:00 AM Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 10 Monday Butrovich 205 1:30 PM + HCR 8 INHALANTS AND POISONS AWARENESS WEEK + SB 124 ALCOHOLISM AND DRUG ABUSE GRANTS + SB 123 ELIMINATE REVIEW OF ADOPTION SUBSIDIES Bills Previously Heard/Scheduled += SB 55 TAMPERING WITH PUBLIC RECORDS += SB 8 TAMPERING WITH PUBLIC RECORDS Mar 12 Wednesday Butrovich 205 1:30 PM + Overview: Reorganization and Improvements Dept of Health and Social Services Bills Previously Heard/Scheduled += SB 41 MEDICAID COSTS AND CRIMES ---------------------------------------- JUDICIARY Mar 10 Monday Beltz 211 1:30 PM No Meeting Scheduled 2003-03-10 Senate Journal Page 0457 JUDICIARY (continued) Mar 12 Wednesday Beltz 211 1:30 PM + Bills Previously Heard/Scheduled + SB 45 LB&A CRIMES AND COOPERATION + SJR 5 DESTROY BRADY BILL RECORDS + SJR 8 DIVISION OF 9TH CIRCUIT CT OF APPEALS + HB 12 HARASSMENT BY ELECTRONIC COMMUNICATION Mar 14 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 11 Tuesday Beltz 211 1:30 PM + SB 93 ADVERSE POSSESSION HB 58 REINSTATEMENT OF NATIVE CORPS Mar 13 Thursday Beltz 211 1:30 PM + SB 82 ALCOHOLIC BEVERAGE TAX FOR WINE & OTHERS + HB 82 COMMERCIAL ELECTRONIC MAIL + SB 102 CHARITABLE GAMING REVENUE Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 10 Monday Butrovich 205 3:30 PM + EO 107: Transferring Fish Habitat Functions from DFG to DNR + EO 106: Transferring AK Coastal Policy Council and Office of Coastal Mgmt to DNR + Bills Previously Heard/Scheduled 2003-03-10 Senate Journal Page 0458 RESOURCES (continued) Mar 11 Tuesday Butrovich 205 2:30 PM Subcommittee Meeting = HB 69 REGULATION OF SHALLOW NATURAL GAS Mar 12 Wednesday Butrovich 205 3:30 PM + SB 116 EMISSION CONTROL PERMIT PROGRAM + SB 44 OIL SPILL RESPONSE COST RECOVERY + Bills Previously Heard/Scheduled Mar 14 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Mar 11 Tuesday Beltz 211 3:30 PM + SJR 7 VANCOUVER'S BID FOR 2010 WINTER GAMES + SJR 9 SUPPORTING MEMBERS OF MILITARY += SB 65 CORRECTIONAL FACILITY EXPANSION + SB 99 CORRECTIONAL FACILITIES Mar 13 Thursday Beltz 211 3:30 PM SB 83 SVEN HAAKANSON AIRPORT AT OLD HARBOR += SB 65 CORRECTIONAL FACILITY EXPANSION += SB 99 CORRECTIONAL FACILITIES ---------------------------------------- TRANSPORTATION 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> + 1:30 - 2:00: Joint w/(H) Transportation Port of Bellingham 2:00 - 3:00: HCR 2 EXTEND ALASKA RAILROAD TO FT. GREELY SB 103 MOTOR VEHICLE REGISTRATION FEES SB 106 FEE FOR STUDDED TIRES SB 112 INCREASE MOTOR FUEL TAX 2003-03-10 Senate Journal Page 0459 TRANSPORTATION (continued) 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 ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 13 Thursday Beltz 211 8:00 AM Dept of Administration Budget Overview ---------------------------------------- COMMUNITY AND ECONOMIC DEVELOPMENT Mar 11 Tuesday Terry Miller 104 11:00 AM -- Rescheduled to 3/14/03 -- Initial Budget Discussions Mar 14 Friday Terry Miller 104 8:00 AM -- Rescheduled from 3/11/03 -- Initial Budget Discussions ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 10 Monday Senate Finance 532 12:00 PM -- Rescheduled to 3/11/03 -- Initial Departmental Budget Overview 2003-03-10 Senate Journal Page 0460 FINANCE SUBCOMMITTEES (continued) EDUCATION & EARLY DEVELOPMENT (continued) Mar 11 Tuesday Senate Finance 532 5:00 PM -- Rescheduled from 3/10/03 -- Initial Departmental Budget Overview ---------------------------------------- FISH & GAME Mar 13 Thursday Senate Finance 532 3:30 PM Mar 25 Tuesday Senate Finance 532 3:30 PM Apr 03 Thursday Senate Finance 532 3:30 PM ---------------------------------------- LAW Mar 18 Tuesday Fahrenkamp 203 4:00 PM Dept of Law Budget Overview ---------------------------------------- PUBLIC SAFETY Mar 18 Tuesday Senate Finance 532 4:00 PM Apr 01 Tuesday Fahrenkamp 203 4:00 PM Apr 08 Tuesday Fahrenkamp 203 4:00 PM ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES Mar 12 Wednesday Terry Miller 104 8:00 AM Dept of Transportation/Public Facilities FY04 Operating Budget Overview ---------------------------------------- 2003-03-10 Senate Journal Page 0461 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 -- Teleconference <Listen Only> -- Military Legislative Address: Lt General Carrol H. "Howie" Chandler, USAF Commander, Alaska Command Brigadier General Craig Campbell, Adjutant General, Alaska National Guard ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Mar 27 Thursday House Finance 519 4:00 PM Audits and Other Committee Business Including an Executive Session ---------------------------------------- LEGISLATIVE COUNCIL Mar 12 Wednesday Senate Finance 532 12:00 PM ---------------------------------------- OTHER MEETINGS JOINT SESSION Mar 31 Monday House Chamber 11:00 AM Address by U.S. Senator Ted Stevens