Legislature(2003 - 2004)

2004-01-16 Senate Journal

Full Journal pdf

2004-01-16                     Senate Journal                      Page 1943
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                      Friday                 January 16, 2004                       
                                                                                                    
                                  Fifth Day                                                      
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 10:13 a.m.                                                                            
                                                                                                    
The roll showed seventeen members present. Senators Davis, Wilken                                   
were excused from a call of the Senate. Senator Guess was absent.                                   
                                                                                                    
The prayer was offered by the Chaplain, The Venerable Mark Boesser,                                 
Archdeacon of Southeast Alaska for the Episcopal Church. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          The story goes that an old Arab died and left his                                         
          estate to his three sons: one-half to the eldest, one-                                    
          third to the middle son, and one-ninth to the                                             
          youngest. The trouble was the total inheritance                                           
          amounted to seventeen camels, and when the family                                         
          tried to divvy things up, they found that seventeen                                       
          could not be divided by two or three or nine. So what                                     
          to do? "Not to worry." A neighbor solved the                                              
          problem very simply by lending them one camel so                                          
          there would be a total of eighteen. It was easy now to                                    
          divide the estate: one-half, nine camels, went to the                                     
          eldest; one-third, six went to the middle son; one-                                       
          ninth, two, went to the youngest. Nine plus six is                                        
          fifteen plus two equals seventeen. So they divided the                                    
          estate, returned the borrowed eighteenth camel to the                                     
          neighbor, and all was well.                                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-01-16                     Senate Journal                      Page 1944
          A point I'd like to draw from that neat story, is that                                    
          each of us probably has some sort of "camel" to at                                        
          least loan to a fellow legislator to assist in solving                                    
          some seemingly unsolvable problem or meeting some                                         
          really difficult need.                                                                    
                                                                                                    
              My prayer this morning is that as the legislative                                    
           session unfolds, each person here may find it in his or                                 
         her heart to be that kind of a neighbor.              Amen.                               
                                                                                                    
Senator Gary Stevens led the Senate in the Pledge of Allegiance.                                    
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the third and fourth legislative days be approved as                                   
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Message dated January 13 and received January 14 was read, stating:                                 
                                                                                                    
Under the provision of article III, section 18 of the Alaska                                        
Constitution, I am requesting the opportunity to address a Joint                                    
Session of the Twenty-third Alaska State Legislature on Tuesday,                                    
March 9, 2004, at 7:00 p.m. to provide an update of the initiatives and                             
developments of the administration.                                                                 
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated January 13 was read, stating:                                                         
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Twenty-third Alaska Legislature at 11:00 a.m. on                                     
Wednesday, February 25 for the purpose of hearing Chief Justice                                     
Alexander O. Bryner present the annual State of the Judiciary                                       
message.                                                                                            

2004-01-16                     Senate Journal                      Page 1945
                                                                                                    
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.                                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following Budget and Audit Report was received from Pat                                         
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                  
is on file in the Office of the Secretary of the Senate:                                            
                                                                                                    
State of Alaska, Legislative Budget and Audit Committee, Annual                                     
Report 2003                                                                                         
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Annual Report of the Alaska Drinking Water and Clean Water Loan                                     
Funds                                                                                               
from Ernesta Ballard, Commissioner, Department of Environmental                                     
Conservation                                                                                        
in accordance with AS 37.05.035 and AS 46.03.032                                                    
                                                                                                    
State of Alaska's Assumption of the National Pollutant Discharge                                    
Elimination System                                                                                  
from Ernesta Ballard, Commissioner, Department of Environmental                                     
Conservation                                                                                        
in accordance with Chapter 50, SLA 2002                                                             
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 259                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 259 "An Act establishing the SeniorCare                                             
program and relating to that program; and providing for an effective                                
date." Signing do pass: Senator Dyson, Chair; Senators Green, Davis,                                
Wilken. Signing no recommendation: Senator Guess.                                                   

2004-01-16                     Senate Journal                      Page 1946
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
 Fiscal Note No. 2, Department of Health and Social Services                                        
 Fiscal Note No. 3, Department of Health and Social Services                                        
 Fiscal Note No. 4, Department of Health and Social Services                                        
 Fiscal Note No. 5, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 14                                                                                             
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 14 BY                                                        
SENATORS WAGONER, Wilken, 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 267                                                                                            
SENATE BILL NO. 267 BY SENATOR WILKEN, entitled:                                                    
                                                                                                    
          "An Act relating to the exemption from taxation of                                        
          real property used as the primary residence of the                                        
          widow or widower of a resident 65 years of age or                                         
          older, and to tax equivalency payments for the widow                                      
          or widower of a resident 65 years of age or older."                                       
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     
                                                                                                    
SB 268                                                                                            
SENATE BILL NO. 268 BY SENATOR WILKEN, entitled:                                                    
                                                                                                    
          "An Act relating to the safe storage of firearms."                                        
                                                                                                    

2004-01-16                     Senate Journal                      Page 1947
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
SB 269                                                                                            
SENATE BILL NO. 269 BY SENATOR GREEN, entitled:                                                     
                                                                                                    
            "An Act relating to access to the library records of a                                 
          child by a parent or guardian."                                                           
                                                                                                    
was read the first time and referred to Community and Regional                                      
Affairs and Health, Education and Social Services Committees.                                       
                                                                                                    
SB 270                                                                                            
SENATE BILL NO. 270 BY SENATOR GREEN, entitled:                                                     
                                                                                                    
                  "An Act establishing November as Avalanche                                       
          Awareness Month."                                                                         
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Valdez High School Girls Volleyball Team, 2003 State 3A                                  
Championships                                                                                       
Representative(s) Harris                                                                            
Senator(s) Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                  
Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Ford Horst                                                                            
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary                                        
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
                                                                                                    
                                                                                                    

2004-01-16                     Senate Journal                      Page 1948
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 Dyson moved and asked unanimous consent to be excused                                       
from a call of the Senate on March 4 through plane time, March 7,                                   
from evening plane time, March 9 through March 15 and from noon,                                    
March 19 through March 21. Without objection, Senator Dyson was                                     
excused.                                                                                            
                                                                                                    
Senator Wagoner moved and asked unanimous consent to be excused                                     
from a call of the Senate from evening plane time, January 29 to plane                              
time, February 1. Without objection, Senator Wagoner was excused.                                   
                                                                                                    
Senator Ogan moved and asked unanimous consent to be excused                                        
from a call of the Senate from plane time, February 13 to plane time,                               
February 16 and from plane time, March 8, to plane time, March 15.                                  
Without objection, Senator Ogan was excused.                                                        
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 4 through February 6. Without                                 
objection, Senator Hoffman was excused.                                                             
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate to plane time, January 20. Without objection,                             
Senator Olson was excused.                                                                          
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 5 and February 6. Without                                     
objection, Senator Lincoln was excused.                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent to be                                         
excused from a call of the Senate from afternoon plane time, March 11                               
to morning plane time, March 15. Without objection, Senator Ben                                     
Stevens was excused.                                                                                
                                                                                                    
                                                                                                    

2004-01-16                     Senate Journal                      Page 1949
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., January 20, 2004.                                     
Without objection, the Senate adjourned at 10:32 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                January 2004                        

2004-01-16                     Senate Journal                      Page 1950
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Jan 16        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 19        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 21        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 23        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 16        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 19        Monday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 20        Tuesday                   Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2004-01-16                     Senate Journal                      Page 1951
                             FINANCE (continued)                                                 
                                                                                                    
Jan 21        Wednesday                 Senate Finance 532            9:00 AM                     
     SB 259 SENIORCARE                                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Jan 21        Wednesday                  House Finance 519            1:30 PM                     
              -- Time and Location Change --                                                        
              Joint W/(H) Finance Committee Meeting                                                 
              Presentation by the Denali Commission                                                 
                                                                                                    
Jan 22        Thursday                  Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 23        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Jan 19        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 21        Wednesday                       Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 22        Thursday                           Capitol 124          1:00 PM                     
              -- Time and Location Change --                                                        
              Joint w/(H) Education                                                                 
+             Overview: Alternative Governance for                                                  
              Charter Schools                                                                       
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Jan 16        Friday                                Beltz 211         1:00 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 21        Wednesday                             Beltz 211         8:00 AM                     
+= SJR 18 CONST. AM: PF APPROPS/INFLATION-PROOFING                                                  
+= SJR 19 CONST. AM: PERMANENT FUND INCOME                                                          
              Bills Previously Heard/Scheduled                                                      

2004-01-16                     Senate Journal                      Page 1952
                               LABOR & COMMERCE                                                  
                                                                                                    
Jan 20        Tuesday                               Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 22        Thursday                              Beltz 211         1:30 PM                     
+             Overview: Pulltabs Subcommittee Report                                                
              -- Teleconference <Listen Only> --                                                    
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Jan 16        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 19        Monday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 21        Wednesday                       Butrovich 205           3:30 PM                     
+= HCR 10 RESTORATION OF RIPARIAN HABITAT                                                           
+ SB 241 APPROP: NATURAL GAS DEVELOPMENT AUTHORITY                                                  
+ SB 247 AK NATURAL GAS DEV. AUTHORITY INITIATIVE                                                   
                                                                                                    
Jan 23        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Jan 20        Tuesday                               Beltz 211         3:30 PM                     
+ SB 190 KENAI RIVER SPECIAL MANAGEMENT AREA                                                        
+ SB 167 INTRODUCTION OF BILLS                                                                      
+ SCR  8 AMENDING UNIFORM RULES 37 AND 44                                                           
                                                                                                    
Jan 22        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Jan 20        Tuesday                         Butrovich 205           1:30 PM                     
              Overview of Knik Arm Bridge and Toll                                                  
              Authority                                                                             

2004-01-16                     Senate Journal                      Page 1953
                               JOINT COMMITTEES                                                  
                                                                                                    
                          SALMON INDUSTRY TASK FORCE                                             
                                                                                                    
Jan 18        Sunday                     House Finance 519            1:00 PM                     
              Final Discussion of Subcommittee                                                      
              Recommendations to the Task Force                                                     
                                                                                                    
Jan 19        Monday                     House Finance 519            8:00 AM                     
              Final Discussion of Subcommittee                                                      
              Recommendations to the Task Force                                                     
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                            MISCELLANEOUS MEETINGS                                               
                                                                                                    
Jan 26        Monday                    Senate Finance 532            1:00 PM                     
              Senator Bunde will offer a presentation,                                              
              "The High School Graduation Qualifying                                                
              Exam - A Refresher" to provide                                                        
              legislators staff and others the                                                      
              opportunity to review the history of the                                              
              exam, what the law contains and new                                                   
              developments since 2001.  Copies of the                                               
              Practice Test will be available.  All are                                             
              welcome.