Legislature(2003 - 2004)

2004-02-02 Senate Journal

Full Journal pdf

2004-02-02                     Senate Journal                      Page 2049
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Monday                  February 2, 2004                       
                                                                                                    
                              Twenty-second Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:11 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Davis was absent.                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
Senator Davis be excused from a call of the Senate today through                                    
February 6. Without objection, Senator Davis was excused.                                           
                                                                                                    
The prayer was offered by the Chaplain, Pastor Tom Matthews of the                                  
Douglas Island Bible Church. Senator Hoffman moved and asked                                        
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
       In great respect for the religious beliefs of each                                           
       person who is assembled here today, I invite you into                                        
       a time of prayer and reflection. Please, let us pray:                                        
                                                                                                    
       Dear Lord, it is indeed an honor today to come                                               
       before You in prayer. We acknowledge that You are                                            
       holy, righteous and just, and yet You desire our                                             
       communication with You. For that we are humbled.                                             
                                                                                                    
       This is a traumatic time for our country, Lord. There                                        
       are people who would seek to harm us, who hate                                               
       everything this great nation stands for. I pray for                                          
       safety and protection for our military that are in                                           
       harm's way as they seek to protect our nation. I pray                                        
       for Your blessing in the middle of conflict as I                                             
       remember Your promise that "blessed is the nation                                            
       whose God is the Lord."                                                                      

2004-02-02                     Senate Journal                      Page 2050
       Today Lord, the Senate is again gathered together to                                         
       start another week of discussing the business of the                                         
       great State of Alaska. Many decisions need to be                                             
       made. We pray for Your direction, Lord. We have a                                            
       great heritage of being a nation that is "under God."                                        
       As a state, we also affirm that and seek Your clear                                          
       direction.                                                                                   
                                                                                                    
       So guide us Lord. Help us to sense Your presence in                                          
       this place today. I pray this in the name of Your                                            
       beloved Son, Jesus Christ.                                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 nineteenth through twenty-first legislative days be                                
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Message dated January 30 was read, stating:                                                         
                                                                                                    
Under the provision of article III, section 18 of the Alaska                                        
Constitution, I am pleased to accept your invitation to address a Joint                             
Session of the Twenty-third Alaska State Legislature on Wednesday,                                  
February 4, 2004, at 11:00 a.m. to present an update of the                                         
administration's actions regarding a gas pipeline.                                                  
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-02-02                     Senate Journal                      Page 2051
HCR 6                                                                                             
                                                                             rd                     
Joint Legislative Salmon Industry Task Force Report to the 23                                       
Alaska State Legislature dated January 31, 2004                                                     
from Senator Ben Stevens, Chair                                                                     
in accordance with Legislative Resolve 3, 2003                                                      
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 288                                                                                            
SENATE BILL NO. 288 BY SENATOR GREEN, entitled:                                                     
                                                                                                    
          "An Act relating to certain determinations concerning                                     
          placement of a child in emergency custody and                                             
          temporary placement hearings in child-in-need-of-aid                                      
          proceedings; and providing for an effective date."                                        
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
SB 289                                                                                            
SENATE BILL NO. 289 BY SENATOR GREEN, entitled:                                                     
                                                                                                    
          "An Act extending the termination date of the special                                     
          education service agency; and providing for an                                            
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 290                                                                                            
SENATE BILL NO. 290 BY SENATOR ELTON, entitled:                                                     
                                                                                                    
          "An Act relating to the continuation of pay and                                           
          benefits to employees of public corporations called to                                    
          active duty; and providing for an effective date."                                        
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    

2004-02-02                     Senate Journal                      Page 2052
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Kodiak Electric Association for its Outstanding Efforts to                               
Reduce Raptor Losses                                                                                
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
Honoring - William "Bill" J. Tobin                                                                  
Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wagoner, Wilken                                                              
Representative(s) Berkowitz                                                                         
                                                                                                    
Honoring - Carl Brady, Jr.                                                                          
Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wagoner, Wilken                                                              
Representative(s) Berkowitz                                                                         
                                                                                                    
Honoring - Service High School Hockey Team, 2002 - 2003 State                                       
Champions                                                                                           
Representative(s) Rokeberg, Meyer, Hawker, McGuire, Samuels                                         
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman,                                     
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Dr. Harriet "Rusty" Bellringer                                                        
Representative(s) Stoltze, Dahlstrom                                                                
Senator(s) Ogan, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Cynthia E. Samuelson                                                                  
Representative(s) Moses                                                                             
Senator(s) Hoffman, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                
Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens,                                 
Wagoner, Wilken                                                                                     

2004-02-02                     Senate Journal                      Page 2053
In Memoriam - George Wehmhoff                                                                       
Representative(s) Stoltze, Berkowitz                                                                
Senator(s) French, Ogan, Therriault, Cowdery, Davis, Dyson, Elton,                                  
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
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 Guess moved and asked unanimous consent to be excused                                       
from a call of the Senate on February 6, February 9, February 11 and                                
February 13. Without objection, Senator Guess was excused.                                          
                                                                                                    
Senator Ogan moved and asked unanimous consent to be excused                                        
from a call of the Senate from morning plane time, February 9 to                                    
morning plane time, February 11. Without objection, Senator Ogan                                    
was excused.                                                                                        
                                                                                                    
Senator Bunde moved and asked unanimous consent to be excused                                       
from a call of the Senate from evening plane time, February 6 to                                    
evening plane time, February 8. Without objection, Senator Bunde was                                
excused.                                                                                            
                                                                                                    
Senator Stedman moved and asked unanimous consent to be excused                                     
from a call of the Senate from plane time, February 6 to plane time,                                
February 8. Without objection, Senator Stedman was excused.                                         
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent to be                                         
excused from a call of the Senate from afternoon plane time, February                               
9 to morning plane time, February 13. Without objection, Senator Ben                                
Stevens was excused.                                                                                
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 20. Without objection, Senator                                
Hoffman was excused.                                                                                
                                                                                                    

2004-02-02                     Senate Journal                      Page 2054
                                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 10:45 a.m., February 4, 2004.                                     
Without objection, the Senate adjourned at 11:24 a.m.                                               
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2004                        

2004-02-02                     Senate Journal                      Page 2055
                                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 02        Monday                       Fahrenkamp 203             1:30 PM                     
+ SB 266 BRISTOL BAY OIL & GAS LEASE SALE CLOSURE                                                   
                                                                                                    
Feb 04        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ SB 250 NATURAL GAS LEASES ON THE KENAI PENINSULA                                                  
                ** Teleconference <Listen Only> **                                                  
              ** No Public Testimony Will Be Heard**                                                
                                                                                                    
Feb 06        Friday                       Fahrenkamp 203             1:30 PM                     
              -- Rescheduled to 02/09/04 --                                                         
= SB 260 METROPOLITAN PLANNING ORGANIZATIONS                                                        
                                                                                                    
Feb 09        Monday                       Fahrenkamp 203             1:30 PM                     
              -- Rescheduled from 02/06/04 --                                                       
+ SB 260 METROPOLITAN PLANNING ORGANIZATIONS                                                        
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Feb 02        Monday                    Senate Finance 532          10:00 AM                      
              --  Time Change --                                                                    
     SB 283 APPROP:  REVERSE 2003 CBR SWEEP                                                         
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 03        Tuesday                   Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    

2004-02-02                     Senate Journal                      Page 2056
                             FINANCE (continued)                                                 
                                                                                                    
Feb 04        Wednesday                 Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 05        Thursday                  Senate Finance 532            9:00 AM                     
              Alaska Mental Health Trust Authority                                                  
              Presentation by Mr. Jeff Jessee                                                       
              Executive Director                                                                    
              Veteran's Home Project Update                                                         
              Presentation by Governor Murkowski's                                                  
              Administration                                                                        
     HB 374 SENIORCARE                                                                              
              <Pending Referral>                                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 06        Friday                    Senate Finance 532            9:00 AM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 02        Monday                          Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 04        Wednesday                       Butrovich 205           1:30 PM                     
+ SB 201 HOME & RESPITE CARE: CRIMINAL RECORDS                                                      
+ SB 277 STUDENT LOAN PROGRAMS                                                                      
+ SB 239 LENGTH OF SCHOOL TERM                                                                      
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Feb 02        Monday                          Butrovich 205           8:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 04        Wednesday                       Butrovich 205           8:00 AM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 06        Friday                          Butrovich 205           8:00 AM                     
+ SB 217 GENETIC PRIVACY                                                                            
+= SB 203 OFFICE OF ADMINISTRATIVE HEARINGS                                                         

2004-02-02                     Senate Journal                      Page 2057
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 03        Tuesday                               Beltz 211         1:30 PM                     
+ SB 273 ASMI BOARD/ SEAFOOD TAXES & ASSESSMENTS                                                    
+= HB 305 UNEMPLOYMENT COMPENSATION BENEFITS                                                        
+ SB 276 ALASKA INSURANCE GUARANTY ASSOCIATION                                                      
                                                                                                    
Feb 05        Thursday                              Beltz 211         1:30 PM                     
              Committee Work Session on Pull-tab                                                    
              Regulations                                                                           
              <Teleconference and Testimony                                                         
              by Invitation Only>                                                                   
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Feb 02        Monday                          Butrovich 205           3:30 PM                     
+ HB  98 SPORT FISHING SEASONS FOR YOUTH                                                            
+ HB 196 CARBON SEQUESTRATION                                                                       
+= HCR 10 RESTORATION OF RIPARIAN HABITAT                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 04        Wednesday                       Butrovich 205           3:30 PM                     
+ SB 265 OIL&GAS LEASE SALE SCHEDULE/NOTIFICATION                                                   
+ SB 266 BRISTOL BAY OIL & GAS LEASE SALE CLOSURE                                                   
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 06        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 03        Tuesday                               Beltz 211         3:30 PM                     
+ SB 279 AHFC WATER & SEWER BONDS                                                                   
     HB 288 CHANGING NAME OF DEPT OF COMM & ECON DEV.                                               
+ SB 270 AVALANCHE AWARENESS MONTH                                                                  
                                                                                                    
Feb 05        Thursday                              Beltz 211         3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        

2004-02-02                     Senate Journal                      Page 2058
                                TRANSPORTATION                                                   
                                                                                                    
Feb 03        Tuesday                         Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 05        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Feb 25        Wednesday                 Senate Finance 532            3:00 PM                     
              Alaskan Command's Annual Address by                                                   
              Lt.General Carrol H."Howie" Chandler                                                  
              Testimony by Invitation Only                                                          
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Feb 03        Tuesday                    House Finance 519          11:00 AM                      
              ISER's Peer Review of the School                                                      
              District Cost Study                                                                   
                                                                                                    
Feb 19        Thursday                   House Finance 519           12:00 PM                     
              Audits and Other Committee Business                                                   
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Feb 05        Thursday                  Senate Finance 532            4:00 PM                     
              Roll Call                                                                             
              Approval of January 15, 2004 Minutes                                                  
              Approval of Intro. of 2004 Revisor's Bill                                             
              Approval of Flag and Walrus Pins                                                      
              Copies of FY03 Legislature Audit                                                      
              Presentation of FY05 Proposed LAA Budget                                              
              Presentation of FY05 Office of Ombudsman Budget                                       
              Appointment of IT Subcommittee                                                        
              Protest on RFP #391                                                                   
                   ----------------------------------------                                        

2004-02-02                     Senate Journal                      Page 2059
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Feb 03        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Children's Justice Act Task Force:                                                    
              This is a federally funded group that is                                              
              tasked with recommending improvements                                                 
              to the system of addressing child sexual                                              
              abuse and exploitation.                                                               
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Feb 04        Wednesday                    House Chamber            11:00 AM                      
              Address by Governor Murkowski                                                         
              Administration's Actions Regarding a Gas                                              
              Pipeline                                                                              
                                                                                                    
Feb 25        Wednesday                    House Chamber            11:00 AM                      
              State of the Judiciary                                                                
              Chief Justice Alexander O. Bryner                                                     
                                                                                                    
Mar 16        Tuesday                      House Chamber            11:00 AM                      
              Address by U.S. Senator Lisa Murkowski