Legislature(2001 - 2002)

2001-01-08 Senate Journal

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2001-01-08                     Senate Journal                      Page 0001
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                      Monday                  January 8, 2001                       
                                                                                                    
                                  First Day                                                      
                                                                                                    
Pursuant to provisions of the Constitution of the State of Alaska, the                              
Uniform Rules of the Alaska State Legislature, and AS 24.05.160, the                                
Senate of the State of Alaska assembled in the Senate Chamber for the                               
first regular session of the Twenty-second Legislature. The Senate was                              
called to order at 11:04 a.m. by the Honorable Fran Ulmer, Lieutenant                               
Governor.                                                                                           
                                                                                                    
Commander Pat Farrell, VFW Taku Post 5559; Commander Jim Pisa,                                      
American Legion Auke Bay Post 2; and Vice Commander Clayton                                         
Love, Disabled American Veterans, Department of Alaska, presented                                   
the colors.                                                                                         
                                                                                                    
Audrey Solomon, Miss Alaska, performed The National Anthem.                                         
                                                                                                    
The prayer was offered by the Chaplain, The Reverend Elkinton, Elder                                
of the Wesleyan Church. Senator Hoffman moved and asked                                             
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          Almighty God, Creator of all things great and small. I                                    
          praise Your glorious and powerful Name and                                                
          encourage others to do the same.                                                          
                                                                                                    
          I thank You today that, although Eternity and                                             
          Omnipotence are among Your attributes, You have                                           
          revealed Yourself to us as Our Loving Heavenly                                            
          Father. As such, You have urged us to come boldly to                                      
          You with our requests and with our thanks. Help us                                        
          now to focus on thanks.                                                                   
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0002
          Father, I thank You for the reminder that "every good                                     
          gift and every perfect gift comes from above, from                                        
          the Father" who is constant in love and grace.                                            
                                                                                                    
          Thanks for the blessings we enjoy as Americans and                                        
          Alaskans. Our history reveals not only the temporal                                       
          blessings of abundant natural resources and                                               
          unsurpassed natural beauty, but the record of those                                       
          whose dedicated service has sought to improve the                                         
          quality of life for our children and our families.                                        
                                                                                                    
          And now, these senators are convened to add to that                                       
          record of service to our people. These men and                                            
          women have zealously sought and won the support of                                        
          the voters in their respective districts. Many groups                                     
          have contributed much money and time to their                                             
          election efforts. Now they face the task of balancing                                     
          their desire to reward their supporters with the                                          
          demand to do what is best for all Alaskans.                                               
                                                                                                    
          For these senators we pray. Purify their motives,                                         
          clarify their purposes, and amplify their wisdom.                                         
                                                                                                    
          We request that You lead the leadership of this body.                                     
          May they daily seek the "wisdom which is from                                             
          above which is first pure then peaceable, gentle, easy                                    
          to be entreated, full of mercy and good fruits, without                                   
          partiality and without hypocrisy". (James 3:17)                                           
                                                                                                    
              And may they find wisdom! And may we all.   Amen.                                    
                                                                                                    
                                                                                                    
                            Election Certification                                               
                                                                                                    
The Lieutenant Governor read the certificate of election:                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0003
I, Janet Kowalski, Director of the Division of Elections for the State of                           
Alaska, do hereby certify that the following candidates were elected                                
and certified to the State Senate at the General Election held on the 7th                           
day of November, 2000, in the State of Alaska, as shown by the                                      
official certification of the State Review Board as provided by AS                                  
15.15.450.                                                                                          
                                                                                                    
          District A  Robin L. Taylor (R)                                                           
          District C  Alan Austerman (R)                                                            
          District E  Jerry Ward (R)                                                                
          District G  Loren D. Leman (R)                                                            
          District I  John Cowdery (R)                                                              
          District K  Bettye Davis (D)                                                              
          District M  Rick Halford (R)                                                              
          District O  Gary Wilken (R)                                                               
          District Q  Gene P. Therriault (R)                                                        
          District S  Donald C. Olson (D)                                                           
                                                                                                    
              In Testimony Whereof, I have hereunto set my                                          
              hand and affixed hereto the Seal of the State of                                      
              Alaska, at Juneau, the Capital, this 5th day of                                       
              December, A.D. 2000                                                                   
              /s/                                                                                   
              Janet Kowalski, Director                                                              
              Division of Elections                                                                 
                                                                                                    
Lieutenant Governor Ulmer requested the following Senators                                          
approach the rostrum to be administered the Oath of Office:                                         
                                                                                                    
          District A  Senator Robin L. Taylor                                                       
          District C  Senator Alan Austerman                                                        
          District E  Senator Jerry Ward                                                            
          District G  Senator Loren Leman                                                           
          District I  Senator John Cowdery                                                          
                                                                                                    
The Lieutenant Governor administered the Oath of Office to the                                      
Senators.                                                                                           
                                                                                                    
Lieutenant Governor Ulmer requested the following Senators                                          
approach the rostrum to be administered the Oath of Office:                                         

2001-01-08                     Senate Journal                      Page 0004
          District K  Senator Bettye Davis                                                          
          District M  Senator Rick Halford                                                          
          District O  Senator Gary Wilken                                                           
          District Q  Senator Gene P. Therriault                                                    
          District S  Senator Donald C. Olson                                                       
                                                                                                    
The Lieutenant Governor administered the Oath of Office to the                                      
Senators.                                                                                           
                                                                                                    
Audrey Solomon performed Alaska's Flag.                                                             
                                                                                                    
                                                                                                    
                            President Pro Tempore                                                
                                                                                                    
Lieutenant Governor Ulmer announced that nominations were in order                                  
for President pro tempore of the Senate.                                                            
                                                                                                    
Senator Kelly moved and asked unanimous consent that Senator                                        
Phillips be nominated. Without objection, it was so ordered.                                        
                                                                                                    
Senator Halford moved and asked unanimous consent that Senator                                      
Phillips be elected President pro tempore. There being no objection,                                
Senator Phillips was elected President pro tempore.                                                 
                                                                                                    
Lieutenant Governor Ulmer requested Senator Green and Senator Ellis                                 
escort the President pro tempore to the rostrom.                                                    
                                                                                                    
President pro tempore Phillips requested Senator Ellis and Senator                                  
Green escort the Lieutenant Governor from the chamber.                                              
                                                                                                    
President pro tempore Phillips announced that under provisions of law,                              
AS 24.05.120, the Uniform Rules of the Twelfth Legislature, First                                   
Session, as amended in 1985, 1988, 1989, 1991 and 1998, will serve                                  
as the temporary rules of the current legislature until permanent rules                             
are adopted.                                                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0005
                                  President                                                      
                                                                                                    
President pro tempore Phillips announced that nominations for                                       
permanent President of the Senate were open.                                                        
                                                                                                    
Senator Pearce moved that Senator Halford be nominated President of                                 
the Senate for the Twenty-second Legislature.                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that nominations                                    
be closed. Without objection, it was so ordered.                                                    
                                                                                                    
Senator Ellis moved and asked unanimous consent that Senator                                        
Halford be elected President of the Senate for the Twenty-second                                    
Legislature. Without objection, Senator Halford was elected President                               
of the Senate.                                                                                      
                                                                                                    
President pro tempore Phillips requested Senator Green and Senator                                  
Ellis escort President Halford to the podium.                                                       
                                                                                                    
President Halford requested Senator Ellis and Senator Green escort                                  
Senator Phillips from the podium.                                                                   
                                                                                                    
Representative Guess and Representative Bunde called on the Senate                                  
to advise that the House of Representatives was organized and ready                                 
to do business.                                                                                     
                                                                                                    
President Halford appointed:                                                                        
                                                                                                    
                           Committee on Committees                                               
                                                                                                    
          Senator Halford, Chair                                                                    
          Senator Pearce                                                                            
          Senator Kelly                                                                             
          Senator Ward                                                                              
          Senator Ellis                                                                             
                                                                                                    
President Halford appointed Senator Kelly and Senator Hoffman to                                    
inform the Governor that the Senate was organized and ready to do                                   
business.                                                                                           
                                                                                                    

2001-01-08                     Senate Journal                      Page 0006
President Halford appointed Senator Therriault and Senator Elton to                                 
inform the House that the Senate was organized and ready to do                                      
business.                                                                                           
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to a Call of the Chair for a Committee on Committees                                
meeting. Without objection, the Senate recessed at 11:35 a.m.                                       
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 1:41 p.m.                                                                  
                                                                                                    
                        Committee on Committees Report                                           
                                                                                                    
Mr. President:                                                                                      
                                                                                                    
Your Committee on Committees has met and submits to the Senate for                                  
its consideration chairs and members of nine standing committees as                                 
approved by the Committee on Committees:                                                            
                                                                                                    
Community and Regional Affairs Committee                                                          
     Senator Torgerson, Chair                                                                       
     Senator Wilken, Vice Chair                                                                     
     Senator Austerman                                                                              
     Senator Phillips                                                                               
     Senator Lincoln                                                                                
                                                                                                    
Finance Committee                                                                                 
     Senator Donley, Cochair                                                                        
     Senator Kelly, Cochair                                                                         
     Senator Ward, Vice Chair                                                                       
     Senator Leman                                                                                  
     Senator Green                                                                                  
     Senator Wilken                                                                                 
     Senator Austerman                                                                              
     Senator Hoffman                                                                                
     Senator Olson                                                                                  

2001-01-08                     Senate Journal                      Page 0007
Health, Education and Social Services Committee                                                   
     Senator Green, Chair                                                                           
     Senator Leman, Vice Chair                                                                      
     Senator Kelly                                                                                  
     Senator Ward                                                                                   
     Senator Davis                                                                                  
                                                                                                    
Judiciary Committee                                                                               
     Senator Taylor, Chair                                                                          
     Senator Donley, Vice Chair                                                                     
     Senator Cowdery                                                                                
     Senator Therriault                                                                             
     Senator Ellis                                                                                  
                                                                                                    
Labor and Commerce Committee                                                                      
     Senator Phillips, Chair                                                                        
     Senator Austerman                                                                              
     Senator Leman                                                                                  
     Senator Torgerson                                                                              
     Senator Davis                                                                                  
                                                                                                    
Resources Committee                                                                               
     Senator Torgerson, Chair                                                                       
     Senator Pearce, Vice Chair                                                                     
     Senator Halford                                                                                
     Senator Kelly                                                                                  
     Senator Taylor                                                                                 
     Senator Elton                                                                                  
     Senator Lincoln                                                                                
                                                                                                    
Rules Committee                                                                                   
     Senator Pearce, Chair                                                                          
     Senator Cowdery, Vice Chair                                                                    
     Senator Phillips                                                                               
     Senator Therriault                                                                             
     Senator Ellis                                                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0008
State Affairs Committee                                                                           
     Senator Therriault, Chair                                                                      
     Senator Phillips, Vice Chair                                                                   
     Senator Halford                                                                                
     Senator Pearce                                                                                 
     Senator Davis                                                                                  
                                                                                                    
Transportation Committee                                                                          
     Senator Cowdery, Chair                                                                         
     Senator Ward, Vice Chair                                                                       
     Senator Taylor                                                                                 
     Senator Wilken                                                                                 
     Senator Elton                                                                                  
                                                                                                    
The report was signed by Senator Halford, Chair, Senators Kelly,                                    
Pearce, Ward. Senator Ellis signed amend.                                                           
                                                                                                    
Senator Leman moved that the Committee on Committees Report be                                      
adopted. Senator Ellis objected.                                                                    
                                                                                                    
Senators Ellis, Davis, Elton, Hoffman, Lincoln, Olson offered the                                   
following Amendment No. 1 to the Committee on Committees Report:                                    
                                                                                                    
              The name of Senator Kim Elton is to be substituted                                   
              for the name of Senator Donald Olson on the Senate                                   
          Finance Committee.                                                                        
                                                                                                    
Senator Ellis moved and asked unanimous consent for the adoption of                                 
Amendment No. 1. Senator Green objected.                                                            
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?". The roll                                   
was taken with the following result:                                                                
                                                                                                    
Committee on Committees Report                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       

2001-01-08                     Senate Journal                      Page 0009
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
Senators Ellis, Davis, Elton, Hoffman, Lincoln, Olson offered the                                   
following Amendment No. 2 to the Committee on Committees Report:                                    
                                                                                                    
               The name of Senator Georgianna Lincoln is to be                                     
             substituted for the name of Senator Donald Olson on                                   
          the Senate Finance Committee.                                                             
                                                                                                    
Senator Ellis moved for the adoption of Amendment No. 2. Objections                                 
were heard.                                                                                         
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?". The roll                                   
was taken with the following result:                                                                
                                                                                                    
Committee on Committees Report                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
The question being: "Shall the Committee on Committees Report be                                    
adopted?" The roll was taken with the following result:                                             
                                                                                                    
Shall the Committee on Committees                                                                   
Report be adopted?                                                                                  
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the Committee on Committees Report was adopted.                                             
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0010
President Halford stated that Senator Leman would serve as Majority                                 
Leader.                                                                                             
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Message dated January 4 was read, stating:                                                          
                                                                                                    
Under the provisions of article III, section 18 of the Alaska                                       
Constitution, I am requesting the opportunity to address a Joint                                    
Session of the Twenty-second Alaska State Legislature on                                            
Wednesday, January 10, 2001, at 7:00 p.m. for presentation of a                                     
combined State of the State and State of the Budget Address.                                        
                                                                                                    
Thank you for you cooperation in this effort. I look forward to a                                   
successful session.                                                                                 
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated January 8 was read, stating:                                                          
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Legislature at 7:00 p.m. Wednesday, January 10, 2001                                 
for the purpose of hearing the Governor's State of the State and Budget                             
Messages.                                                                                           
                                                                                                    
Senator Leman 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                                                   
                                                                                                    
Letters dated November 27 from Chief Justice Dana Fabe were read,                                   
stating the Chief Justice has nominated Thomas P. Owens, Jr. and                                    
Dennis "Skip" Cook to serve as public members of the Select                                         
Committee on Legislative Ethics.                                                                    

2001-01-08                     Senate Journal                      Page 0011
President Halford referred the appointments to the Judiciary                                        
Committee.                                                                                          
                                                                                                    
The resumes for these appointments have been submitted to the                                       
Offices of the Senate Secretary and the Chief Clerk.                                                
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 1                                                                                             
SENATE JOINT RESOLUTION NO. 1 BY SENATOR                                                            
THERRIAULT,                                                                                         
                                                                                                    
          Urging the United States Congress to remove Land                                          
          and Water Conservation Fund restrictions on                                               
          Alaskaland, formerly known as Pioneer Memorial                                            
          Park.                                                                                     
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 1                                                                                              
SENATE BILL NO. 1 BY SENATORS WILKEN, Taylor, 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 Community and Regional                                  
Affairs, Health, Education and Social Services and Finance                                          
Committees. (Prefile released December 29, 2000)                                                    
                                                                                                    
SB 2                                                                                              
SENATE BILL NO. 2 BY SENATORS TORGERSON, Pearce,                                                    
entitled:                                                                                           
                                                                                                    

2001-01-08                     Senate Journal                      Page 0012
          "An Act relating to reimbursement of municipal                                            
          bonds for school construction; and providing for an                                       
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees. (Prefile released December 29,                                     
2000)                                                                                               
                                                                                                    
SB 3                                                                                              
SENATE BILL NO. 3 BY SENATOR THERRIAULT, entitled:                                                  
                                                                                                    
          "An Act making a special appropriation for studies                                        
          for the northern access into Denali National Park and                                     
          Preserve; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees. (Prefile released December 29, 2000)                                                    
                                                                                                    
SB 4                                                                                              
SENATE BILL NO. 4 BY SENATOR THERRIAULT, entitled:                                                  
                                                                                                    
          "An Act relating to a mandatory exemption from                                            
          municipal property taxes for certain residences and to                                    
          an optional exemption from municipal taxes for                                            
          residential property; and providing for an effective                                      
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees. (Prefile released December 29,                                      
2000)                                                                                               
                                                                                                    
SB 5                                                                                              
SENATE BILL NO. 5 BY SENATORS ELTON, Ellis, entitled:                                               
                                                                                                    
          "An Act relating to the offense of operating a motor                                      
          vehicle, aircraft, or watercraft while intoxicated;                                       
          relating to presumptions arising from the amount of                                       
          alcohol in a person's breath or blood; and providing                                      
          for an effective date."                                                                   
                                                                                                    

2001-01-08                     Senate Journal                      Page 0013
was read the first time and referred to the Transportation, Judiciary                               
and Finance Committees. (Prefile released December 29, 2000)                                        
                                                                                                    
SB 6                                                                                              
SENATE BILL NO. 6 BY SENATORS ELLIS, Davis, entitled:                                               
                                                                                                    
              "An Act relating to required notice of eviction to                                   
                 mobile home park dwellers and tenants before                                      
          redevelopment of the park."                                                               
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees. (Prefile released December 29, 2000)                                            
                                                                                                    
SB 7                                                                                              
SENATE BILL NO. 7 BY SENATOR THERRIAULT, entitled:                                                  
                                                                                                    
               "An Act relating to employment of constables as                                     
          peace officers in the unorganized borough."                                               
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs, Judiciary and Finance Committees. (Prefile released                                        
December 29, 2000)                                                                                  
                                                                                                    
SB 8                                                                                              
SENATE BILL NO. 8 BY SENATOR ELTON, entitled:                                                       
                                                                                                    
          "An Act increasing the alcoholic beverage tax rate                                        
          and authorizing appropriation of a portion of the                                         
          alcoholic beverage tax revenue to municipal revenue                                       
          sharing programs."                                                                        
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs, Judiciary and Finance Committees. (Prefile released                                        
December 29, 2000)                                                                                  
                                                                                                    
SB 9                                                                                              
SENATE BILL NO. 9 BY SENATOR THERRIAULT, entitled:                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0014
             "An Act extending the termination date of the State                                   
             Board of Registration for Architects, Engineers, and                                  
          Land Surveyors."                                                                          
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee. (Prefile released December 29, 2000)                                                     
                                                                                                    
SB 10                                                                                             
SENATE BILL NO. 10 BY SENATOR THERRIAULT, entitled:                                                 
                                                                                                    
             "An Act extending the termination date of the Board                                   
          of Public Accountancy."                                                                   
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee. (Prefile released December 29, 2000)                                                     
                                                                                                    
SB 11                                                                                             
SENATE BILL NO. 11 BY SENATORS THERRIAULT, Davis,                                                   
entitled:                                                                                           
                                                                                                    
           "An Act relating to the legal age for attending school;                                 
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees. (Prefile released December 29,                                     
2000)                                                                                               
                                                                                                    
SB 12                                                                                             
SENATE BILL NO. 12 BY SENATOR ELLIS, entitled:                                                      
                                                                                                    
             "An Act requiring a person under 16 years of age to                                   
              wear a helmet when riding a bicycle; and providing                                   
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees. (Prefile released December 29, 2000)                                                    
                                                                                                    
SB 13                                                                                             
SENATE BILL NO. 13 BY SENATOR ELLIS, entitled:                                                      
                                                                                                    

2001-01-08                     Senate Journal                      Page 0015
          "An Act requiring a person under 16 years of age to                                       
          wear a helmet when operating or riding on an off-                                         
          road vehicle; and providing for an effective date."                                       
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees. (Prefile released December 29, 2000)                                                    
                                                                                                    
SB 14                                                                                             
SENATE BILL NO. 14 BY SENATOR ELLIS, entitled:                                                      
                                                                                                    
          "An Act relating to pesticide use; and providing for                                      
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees. (Prefile released December 29, 2000)                                                    
                                                                                                    
SB 15                                                                                             
SENATE BILL NO. 15 BY SENATORS ELLIS, Davis, entitled:                                              
                                                                                                    
          "An Act requiring that the cost of contraceptives be                                      
          included in certain health care insurance coverage."                                      
                                                                                                    
was read the first time and referred to the State Affairs, Health,                                  
Education and Social Services and Finance Committees. (Prefile                                      
released January 5, 2001)                                                                           
                                                                                                    
SB 16                                                                                             
SENATE BILL NO. 16 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE TASK FORCE ON MOTORIZED OIL                                                       
TRANSPORT, entitled:                                                                                
                                                                                                    
          "An Act regarding oil discharge prevention and                                            
          cleanup involving self-propelled nontank vessels                                          
          exceeding 400 gross registered tonnage and railroad                                       
          tank cars and related facilities and operations and                                       
          requiring preparation and implementation of oil                                           
          discharge contingency plans for those nontank                                             
          vessels and railroad tank cars; amending the                                              
          definition of 'response action' that relates to releases                                  
          or threatened releases of oil and thereby amending                                        

2001-01-08                     Senate Journal                      Page 0016
          the duties and liabilities of response action                                             
          contractors; and authorizing compliance verification                                      
          for nontank vessels and for trains and related                                            
          facilities and operations; and providing for an                                           
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 17                                                                                             
SENATE BILL NO. 17 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act amending the application deadline, and the                                        
          standards applicable to determining whether a                                             
          proposed new investment constitutes a qualified                                           
          project, for purposes of the Alaska Stranded Gas                                          
          Development Act; and providing for an effective                                           
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Transportation, Resources                               
and Finance Committees.                                                                             
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Natural Resources.                                          
                                                                                                    
Governor's transmittal letter dated January 8:                                                      
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
Alaska must ensure that our fiscal regime is an incentive to the                                    
commercialization of our natural gas, not an impediment.  To provide                                
the State with the appropriate tools to achieve this goal I am                                      
transmitting this bill to amend the Alaska Stranded Gas Development                                 
Act to allow any potentially successful natural gas project to take                                 
advantage of the provisions of that Act.                                                            
                                                                                                    
The Alaska Stranded Gas Development Act (Act) allows the                                            
commissioner of the Department of Revenue to negotiate a contract                                   
for payments in lieu of taxes for a certain type of project that will                               

2001-01-08                     Senate Journal                      Page 0017
develop the enormous natural gas resources of Alaska's North Slope.                                 
                                                                                                    
The potential benefits of the current program are limited to liquefied                              
natural gas ("LNG") projects. Developments in the international                                     
natural gas marketplace - particularly the recent energy price increases                            
in North America - suggest that other projects may be viable in                                     
advance of the type of LNG project the Act was initially designed to                                
support.  This bill would expand the scope of the Act to cover other                                
forms of gas development, such as a natural gas pipeline through                                    
Canada along the Alaska Highway or an in-state gas-to-liquids facility.                             
                                                                                                    
Although this Act, with the amendments I propose, grants certain                                    
authorities to executive agencies, any proposed changes to tax policy                               
would require legislative ratification.                                                             
                                                                                                    
The only other change proposed by this bill is to extend the application                            
deadline for this program for a limited time.                                                       
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                             Sincerely,                                                             
                             /s/                                                                    
                             Tony Knowles                                                           
                             Governor                                                               
                                                                                                    
SB 18                                                                                             
SENATE BILL NO. 18 BY SENATOR HALFORD, entitled:                                                    
                                                                                                    
                "An Act  relating to certain passenger vessels                                     
          operating in the marine waters of the state."                                             
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                       Introduction of Executive Orders                                          
                                                                                                    
EO 102                                                                                            
EXECUTIVE ORDER NO. 102                                                                             
                                                                                                    

2001-01-08                     Senate Journal                      Page 0018
          Transferring the office of long term care ombudsman                                       
          from the Alaska Commission on Aging in the                                                
          Department of Administration to the Alaska Mental                                         
          Health Trust Authority in the Department of                                               
          Revenue.                                                                                  
                                                                                                    
was referred to the Health, Education and Social Services Committee.                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Administration.                                                   
  Fiscal Note No. 2, Department of Revenue.                                                         
                                                                                                    
Governor's transmittal letter dated January 8:                                                      
                                                                                                    
Dear President Halford :                                                                            
                                                                                                    
The long term care ombudsman serves an important protection and                                     
advocacy function for Alaska's seniors, their families and friends by                               
investigating possible violations of a resident's rights and safety in a                            
long-term care setting, such as a nursing home or assisted living                                   
facility. The placement of the office under the Department of                                       
Administration, which administers the very programs the ombudsman                                   
investigates, can carry the appearance of a conflict of interest. While I                           
believe the office and the Administration have the integrity to                                     
overcome any practical conflict, I am introducing this Executive Order                              
to transfer the ombudsman office out of the Department of                                           
Administration to avoid any future inference of conflict.                                           
                                                                                                    
This Executive Order transfers the office of the long term care                                     
ombudsman from the Alaska Commission on Aging in the Department                                     
of Administration to the Alaska Mental Health Trust Authority                                       
(AMHTA) in the Department of Revenue.                                                               
                                                                                                    
The federal Older Americans Act requires states to provide a long                                   
term care ombudsman function as a condition of receiving other                                      
federal money for nutrition, transportation, and support services for                               
seniors. The state unit on aging may contract out this function to                                  
another entity, as this Executive Order proposes.                                                   
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0019
The Alaska Commission on Aging requested this action and advised                                    
the ombudsman be located in an agency that has no direct involvement                                
with long term care services. While the AMHTA does not actually                                     
administer long term care programs, approximately 70 percent of the                                 
recipients of long term care in Alaska are also beneficiaries of the                                
AMHTA. Moreover, AMHTA's duties include providing redress and                                       
administrative adjudication procedures for its beneficiaries, placing it                            
on similar ground to the work of the long term care ombudsman.                                      
                                                                                                    
In the interest of continuing a strong system of quality long term care                             
services for Alaskans, I urge your support of this Executive Order.                                 
                                                                                                    
                             Sincerely,                                                             
                             /s/                                                                    
                             Tony Knowles                                                           
                             Governor                                                               
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
President Halford appointed Senator Torgerson and Senator Hoffman                                   
to serve as members of the Select Committee on Legislative Ethics.                                  
President Halford appointed Senator Pearce and Senator Davis to                                     
serve as alternate members of the Select Committee on Legislative                                   
Ethics.                                                                                             
                                                                                                    
Senator Leman moved that Senators Torgerson and Hoffman be                                          
confirmed as members of the Select Committee on Legislative Ethics                                  
and that Senator Pearce and Senator Davis be confirmed as alternate                                 
members.                                                                                            
                                                                                                    
The question being: "Shall Senators Torgerson and Hoffman be                                        
confirmed as members of the Select Committee on Legislative Ethics                                  
and Senator Pearce and Senator Davis be confirmed as alternate                                      
members?" The roll was taken with the following result:                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0020
                                                                                                    
Shall Senators Torgerson, Hoffman, and                                                              
Pearce, Davis (alternates) be confirmed to the                                                      
Select Committee on Legislative Ethics?                                                             
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, Senators Torgerson, Hoffman were confirmed as members to                                    
the Select Committee on Legislative Ethics and Senators Pearce, Davis                               
were confirmed as alternate members.                                                                
                                                                                                    
President Halford made the following appointments:                                                  
                                                                                                    
Legislative Council                                                                               
  Senator Cowdery, Vice Chair                                                                       
  Senator  Donley                                                                                   
  Senator Kelly                                                                                     
  Senator  Pearce                                                                                   
  Senator Torgerson                                                                                 
  Senator Elton                                                                                     
  Senator Halford                                                                                   
                                                                                                    
Legislative Budget and Audit                                                                      
  Senator Therriault, Chair                                                                         
  Senator Phillips                                                                                  
  Senator Ward                                                                                      
  Senator Hoffman                                                                                   
  Senator Donley                                                                                    
  Senator Wilken (alternate)                                                                        
                                                                                                    
Administrative Regulation Review                                                                  
  Senator Taylor, Vice Chair                                                                        
  Senator Green                                                                                     
  Senator Lincoln                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0021
Senator Pearce moved and asked unanimous consent to be excused                                      
from a call of the Senate from evening plane time, January 10 through                               
January 12 . Without objection, Senator Pearce was excused.                                         
                                                                                                    
Senator Pearce moved and asked unanimous consent to be excused                                      
from a call of the Senate through morning plane time on January 16.                                 
Without objection, Senator Pearce was excused.                                                      
                                                                                                    
Senator Phillips moved and asked unanimous consent to be excused                                    
from a call of the Senate from January 11 through afternoon plane                                   
time, January 16. Without objection, Senator Phillips was excused.                                  
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., January 9, 2001. Without                                     
objection, the Senate adjourned at 2:17 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                             Acting Secretary of the Senate                         
                                                                                                    
                                                                January 2001                        

2001-01-08                     Senate Journal                      Page 0022
                                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.                                                     
                                                                                                    
                                                                                                    
                          SENATE STANDING COMMITTEES                                             
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                   FINANCE                                                       
                              SENATE FINANCE 532                                                   
Jan 10                           Wednesday                            9:00 AM                       
  Budget Overview- David Teal, Director,                                                            
  Legislative Finance                                                                               
                                                                                                    
Jan 12                              Friday                            9:00 AM                       
  Overview- Alaska Permanent Fund                                                                   
  Corporation                                                                                       
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                  BELTZ 211                                                        
Jan 09                             Tuesday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
                                                                                                    
Jan 11                            Thursday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
                                                                                                    
Jan 16                             Tuesday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
                                                                                                    
Jan 18                            Thursday                             1:30 PM                      
  -- Agenda to be Announced --                                                                      
                                                                                                    
                                                                                                    

2001-01-08                     Senate Journal                      Page 0023
                               JOINT COMMITTEES                                                  
                                                                                                    
                      SELECT CMTE ON LEGISLATIVE ETHICS                                          
                                    Juneau                                                         
Jan 17                           Wednesday                             1:00 PM                      
  Room number to be announced                                                                       
  Discussion of Open Meetings, Legislation,                                                         
  Procedures, Budget, and Administrator                                                             
  Position                                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                BUTROVICH 205                                                      
Jan 11                            Thursday                             3:00 PM                      
  Organizational Meeting                                                                            
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                           COMMITTEE ON COMMITTEES                                               
                                BUTROVICH 205                                                      
Jan 08                             Monday                              1:00 PM                      
COMMITTEE ON COMMITTEES                                                                             
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                HOUSE CHAMBER                                                      
Jan 10                           Wednesday                             7:00 PM                      
  Combined State of the State and                                                                   
  State of the Budget Address                                                                       
  Honorable Tony Knowles, Governor