Legislature(2001 - 2002)

2001-02-13 Senate Journal

Full Journal pdf

2001-02-13                     Senate Journal                      Page 0351
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                February 13, 2001                       
                                                                                                    
                              Thirty-seventh Day                                                 
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:16 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Cowdery was                                       
excused from a call of the Senate.                                                                  
                                                                                                    
The prayer was offered by the Chaplain, Pastor Larry Rorem of the                                   
Shepard of the Valley Lutheran Church.                                                              
                                                                                                    
Senator Pearce led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the thirty-sixth legislative day be approved as certified by the                                
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SCR 1                                                                                             
Message dated February 12 was read, stating the House passed and                                    
returned for consideration CS FOR SENATE CONCURRENT                                                 
RESOLUTION NO. 1(RLS) with the following amendment:                                                 
                                                                                                    
          HOUSE    CS    FOR    CS    FOR    SENATE                                                 
          CONCURRENT RESOLUTION NO. 1(RES)                                                          
          Relating to Avalanche Awareness Month.                                                    
                                                                                                    
Senator Leman moved that the Senate concur in the House                                             
amendment.                                                                                          

2001-02-13                     Senate Journal                      Page 0352
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSCR 1(RES)                                                                                    
Shall the Senate Concur in the House Amendment to CSSCR 1(RLS)?                                     
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Donley, Ellis, Elton, Green, Halford,                                      
Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor,                                    
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION                                                    
NO. 1(RES) Relating to Avalanche Awareness Month.                                                   
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 16                                                                                             
The Finance Committee considered SENATE BILL NO. 16 "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 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." Signing do pass: Senator Kelly,                                   
Cochair, Senators Austerman, Leman. Signing no recommendation:                                      
Senator Donley, Cochair, Senators Green, Hoffman, Olson, Ward,                                      
Wilken.                                                                                             
                                                                                                    
                                                                                                    

2001-02-13                     Senate Journal                      Page 0353
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Transportation and Public                                         
  Facilities                                                                                        
 Fiscal Note No. 2, Department of Environmental Conservation                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 21                                                                                             
The Finance Committee considered SENATE BILL NO. 21 "An Act                                         
increasing the maximum civil fine that may be imposed by the State                                  
Medical Board as a disciplinary sanction" and recommended the                                       
adoption of the following Finance Committee Letter of Intent:                                       
                                                                                                    
                          Letter of Intent for SB 21                                               
                                                                                                    
          It is the intent of the Legislature that the size of fines                                
          typically imposed for minor, noncompliance                                                
          infractions remain unaffected by the enactment of SB                                      
          21.                                                                                       
                                                                                                    
          It is the intent of the Legislature that the size of fines                                
          typically imposed for serious and consequential                                           
          violations of ethical and professional misconduct be                                      
          increased.                                                                                
                                                                                                    
Signing do pass: Senators Donley, Kelly, Cochairs, Senators Green,                                  
Austerman, Hoffman, Olson, Wilken, Leman, Ward.                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 53                                                                                             
The Finance Committee considered SENATE BILL NO. 53 "An Act                                         
extending the termination date of the Board of Barbers and                                          
Hairdressers" and recommended the adoption of the following Finance                                 
Committee Letter of Intent:                                                                         
                                                                                                    

2001-02-13                     Senate Journal                      Page 0354
                          Letter of Intent for SB 53                                               
                                                                                                    
          The Legislature requests that the Board carefully                                         
          consider the option of self-testing by the various                                        
          vocations regulated by the Board and that it consider                                     
          a pilot program of self-testing. The Legislature                                          
          specifically requests the Board to research and                                           
          investigate the results of self-testing in Washington                                     
          and Oregon.                                                                               
                                                                                                    
Signing do pass: Senators Kelly, Donley, Cochairs, Senators Green,                                  
Austerman, Hoffman, Olson, Wilken, Ward, Leman.                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 72                                                                                             
The Resources Committee considered SENATE BILL NO. 72 "An                                           
Act relating to 'take-a-child-hunting' seasons for big game" and                                    
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 72(RES)                                                            
                                                                                                    
Signing do pass: Senator Torgerson, Chair, Senators Taylor, Kelly.                                  
Signing no recommendation: Senators Pearce, Lincoln, Elton.                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SJR 7                                                                                             
The Resources Committee considered SENATE JOINT                                                     
RESOLUTION NO. 7 Opposing former United States Secretary of the                                     
Interior Babbitt's rescission of a United States Department of the                                  
Interior   directive   prohibiting   the   United  States  Bureau  of   Land                        
                                                                                                    

2001-02-13                     Senate Journal                      Page 0355
Management from considering Alaska land for designation as                                          
wilderness and urging the reinstatement of that directive, and                                      
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE JOINT RESOLUTION NO.                                                        
          7(RES) Supporting reinstatement of the United States                                      
          Department of the Interior directive exempting the                                        
          United States Bureau of Land Management in Alaska                                         
          from the mandatory wilderness review process.                                             
                                                                                                    
Signing do pass: Senator Torgerson, Chair, Senators Pearce, Taylor,                                 
Kelly. Signing no recommendation: Senators Lincoln, Elton.                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate Resources Committee                                                
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 85                                                                                             
SENATE BILL NO. 85 BY SENATOR COWDERY, entitled:                                                    
                                                                                                    
          "An Act relating to failure to report a crime."                                           
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 86                                                                                             
SENATE BILL NO. 86 BY SENATORS KELLY, Donley, Taylor,                                               
entitled:                                                                                           
                                                                                                    
                "An Act relating to employment of teachers who                                     
             have subject-matter expertise; and providing for an                                   
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    

2001-02-13                     Senate Journal                      Page 0356
SB 87                                                                                             
SENATE BILL NO. 87 BY SENATOR LINCOLN, entitled:                                                    
                                                                                                    
            "An Act providing special absentee ballots for voters                                  
          in remote areas."                                                                         
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary and                            
Finance Committees.                                                                                 
                                                                                                    
SB 88                                                                                             
SENATE BILL NO. 88 BY SENATORS PHILLIPS, Donley, entitled:                                          
                                                                                                    
          "An Act relating to metropolitan planning                                                 
          organizations and to establishment of a metropolitan                                      
          planning organization for the Anchorage                                                   
          metropolitan area; and providing for an effective                                         
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Transportation, Community                               
and Regional Affairs and Finance Committees.                                                        
                                                                                                    
SB 89                                                                                             
SENATE BILL NO. 89 BY SENATOR DAVIS, entitled:                                                      
                                                                                                    
            "An Act relating to charter schools; and providing for                                 
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Secretary of Veterans Affairs, Anthony J. Principi                                       
Representative(s) Murkowski                                                                         
Senator(s) Leman, Phillips, Pearce, Wilken, Donley, Ellis, Hoffman,                                 
Therriault, Halford, Lincoln, Taylor, Elton, Davis, Kelly, Green,                                   
Austerman, Ward                                                                                     
                                                                                                    

2001-02-13                     Senate Journal                      Page 0357
In Memoriam - Senator Fred F. Zharoff                                                               
Senator(s) Austerman, Phillips, Halford, Pearce, Ellis, Wilken,                                     
Donley, Hoffman, Therriault, Leman, Lincoln, Taylor, Elton, Davis,                                  
Kelly, Green, Cowdery, Ward, Torgerson, Olson                                                       
Representative(s) Stevens                                                                           
                                                                                                    
Senator Leman moved and asked unanimous consent that the citations                                  
be adopted. Without objection, the citations were adopted and referred                              
to the Secretary for transmittal.                                                                   
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 100                                                                                            
Senators Ellis, Olson, Leman, Lincoln, Elton, Ward moved and asked                                  
unanimous consent to be shown as cross sponsors on HOUSE BILL                                       
NO. 100 "An Act establishing the third Saturday of each June as                                     
Juneteenth Day." Without objection, it was so ordered.                                              
                                                                                                    
Senator Donley withdrew his excused absence on February 23 and                                      
moved and asked unanimous consent to be excused from a call of the                                  
Senate on February 16. Without objection, Senator Donley was                                        
excused.                                                                                            
                                                                                                    
Senator Ellis moved and asked unanimous consent to be excused from                                  
a call of the Senate on February 16 and through morning plane time on                               
February 20. Without objection, Senator Ellis was excused.                                          
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-13                     Senate Journal                      Page 0358
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., February 14, 2001. Without                                   
objection, the Senate adjourned at 11:38 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2001                        

2001-02-13                     Senate Journal                      Page 0359
                                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                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                FAHRENKAMP 203                                                     
Feb 14                            Wednesday                            1:30 PM                      
+ SB  75 SERVICE AREAS:VOTER APPROVAL/TAX ZONES                                                     
                                                                                                    
Feb 16                               Friday                            1:30 PM                      
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                              SENATE FINANCE 532                                                   
Feb 13                              Tuesday                            9:00 AM                      
= SB  53 EXTENDING THE BD. OF BARBERS/HAIRDRESSERS                                                  
= SB  21 FINES BY THE STATE MEDICAL BOARD                                                           
= SB  16 OIL DISCH PREVENTION: NONTANK VESSELS/RR                                                   
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 14                            Wednesday                            9:00 AM                      
     SB  19 CHILD SUPPORT ENFORCEMENT/SOC SEC. #                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 15                             Thursday                            9:00 AM                      
     SB  80 APPROP: SPECIAL OLYMPICS                                                                
     SB  73 SUPPLEMENTAL APPROPRIATIONS/AMEND APPROP.                                               
     SB  74 FAST TRACK SUPPLEMENTAL APPROPRIATIONS                                                  
              Overview: Governor's Supplemental Budget                                              
              Annalee McConnell, Director, OMB                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2001-02-13                     Senate Journal                      Page 0360
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                BUTROVICH 205                                                      
Feb 14                            Wednesday                            1:30 PM                      
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                  BELTZ 211                                                        
Feb 14                            Wednesday                            1:30 PM                      
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 16                               Friday                            1:30 PM                      
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                  BELTZ 211                                                        
Feb 13                              Tuesday                            1:30 PM                      
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 15                             Thursday                            1:30 PM                      
= SB  38 MEDICAL ASSISTANCE:BREAST/CERVICAL CANCER                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                BUTROVICH 205                                                      
Feb 14                            Wednesday                            3:30 PM                      
+             TAPS Briefing:                                                                        
              David Wight, CEO and President, Alyeska Pipeline                                      
                                                                                                    
                              SENATE FINANCE 532                                                   
Feb 15                             Thursday                           12:00 PM                      
+             -- Time and Location Change --                                                        
              Joint w/(H) Resources and (H) Special Committee on                                    
              Oil & Gas                                                                             
              Presentation on LNG Market in Japan and Asia:                                         
              Shigeru Muraki, General Manager, Gas Resources Dept,                                  
              Tokyo Gas Co. Ltd.                                                                    
                                                                                                    
                                BUTROVICH 205                                                      
Feb 16                               Friday                            3:30 PM                      
              No Meeting Scheduled                                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-13                     Senate Journal                      Page 0361
                            RESOURCES (continued)                                                
                                                                                                    
Feb 19                              Monday                             3:30 PM                      
              Comparison of Northern vs Southern Gas Pipeline Route:                                
              Foothills Pipelines Ltd                                                               
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                FAHRENKAMP 203                                                     
Feb 14                            Wednesday                          10:45 AM                       
     SB  52 TERMINATION OF STATE PHYS THERAPY BOARD                                                 
     HB  44 JOE REDINGTON SR. MEMORIAL TRAIL                                                        
     HJR  6 ROADLESS POLICY                                                                         
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                  BELTZ 211                                                        
Feb 13                              Tuesday                            3:30 PM                      
+ SB  24 LEGIS APPROVAL OF SEAFOOD/FOOD SAFETY LAB                                                  
     SB  65 PAY EQUITY FOR STATE EMPLOYEES                                                          
     SJR 10 US COAST GUARD FUNDING                                                                  
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 15                             Thursday                            3:30 PM                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                BUTROVICH 205                                                      
Feb 13                              Tuesday                            1:30 PM                      
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 15                             Thursday                            1:30 PM                      
              No Meeting Scheduled                                                                  
                                                                                                    
                        ANCHORAGE LIO CONFERENCE ROOM                                              
Feb 23                               Friday                            1:30 PM                      
              -- Time and Location Change --                                                        
              Presentation: Alaska's Future Transportation Needs                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-13                     Senate Journal                      Page 0362
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                      COMMUNITY AND ECONOMIC DEVELOPMENT                                         
                              SENATE FINANCE 532                                                   
Feb 15                             Thursday                            3:30 PM                      
              Department Overview                                                                   
                   ----------------------------------------                                        
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                               TERRY MILLER 104                                                    
Feb 15                             Thursday                            8:00 AM                      
              Child Care Assistance, Child Care Licensing, Child Care                               
              Grants, Head Start                                                                    
                                                                                                    
                                 FISH & GAME                                                     
                              SENATE FINANCE 532                                                   
Feb 15                             Thursday                            2:00 PM                      
              Division of Habitat and Restoration                                                   
              Commercial Fisheries Entry Commission                                                 
              Division of Commercial Fisheries                                                      
                   ----------------------------------------                                        
                                                                                                    
                        LABOR & WORKFORCE DEVELOPMENT                                            
                                  BELTZ 211                                                        
Feb 15                             Thursday                            3:45 PM                      
              -- Agenda to be Announced --                                                          
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                FAHRENKAMP 203                                                     
Feb 20                              Tuesday                            2:45 PM                      
+             Review of Past and Proposed Regulations                                               
                   ----------------------------------------                                        
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                              HOUSE FINANCE 519                                                    
Feb 22                             Thursday                            3:30 PM                      
              Alaska's Space Mission and Military Force Projection:                                 
              Adjutant General Phil Oates, Military & Veterans Affairs                              
              Commissioner                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-13                     Senate Journal                      Page 0363
                      SELECT CMTE ON LEGISLATIVE ETHICS                                          
                                  BELTZ 211                                                        
Feb 14                            Wednesday                            8:00 AM                      
+             Open Meeting Guidelines                                                               
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                FAHRENKAMP 203                                                     
Feb 13                              Tuesday                           12:00 PM                      
+             Public Health                                                                         
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                HOUSE CHAMBER                                                      
Feb 21                            Wednesday                          11:00 AM                       
              U.S. Senator Frank Murkowski's Annual Message                                         
                                                                                                    
Feb 23                               Friday                          11:00 AM                       
              Chief Justice Dana Fabe's State of the Judiciary Message                              
                   ----------------------------------------                                        
                                                                                                    
                               MINORITY CAUCUS                                                   
                              GOVERNOR'S CONF RM                                                   
Feb 13                              Tuesday                            4:00 PM                      
              State/Tribal Relations: Will Mayo