Legislature(2001 - 2002)

2001-03-12 Senate Journal

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2001-03-12                     Senate Journal                      Page 0613
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                     Monday                    March 12, 2001                       
                                                                                                    
                               Sixty-fourth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:14 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senators Ellis, Phillips                                  
were excused from a call of the Senate.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Dr. Walter Soboleff. Senator                                
Lincoln moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Most Gracious God, we humbly bow in prayer for the                                        
          people of this State, especially for its Senate here                                      
          assembled; that Thou wouldst be pleased to direct                                         
          and prosper all their consultations for the                                               
          advancement of this State.                                                                
                                                                                                    
          Kindle, we pray Thee hearts of all, the true love of                                      
          service and wisdom essential to needs of today and                                        
          tomorrow.                                                                                 
                                                                                                    
          Bless us for every need to maintain strength in body,                                     
   soul and spirit.                                                   Amen.                        
                                                                                                    
Senator Donley led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the sixty-first through sixty-third legislative days be approved as                             
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    

2001-03-12                     Senate Journal                      Page 0614
                          Messages from the Governor                                             
                                                                                                    
SR 1                                                                                              
Message dated March 7 and received March 9 was read, stating the                                    
Governor transmitted the engrossed and enrolled copies of the                                       
following resolution to the Lieutenant Governor's Office for                                        
permanent filing:                                                                                   
                                                                                                    
                    SENATE RESOLUTION NO. 1 Establishing a                                         
                 Senate Special Committee on World Trade and                                       
          State/Federal Relations.                                                                  
                                                                                                    
                             Senate Resolve No. 1                                                  
                                                                                                    
HB 44                                                                                             
Message dated and received March 9 was read, stating the Governor                                   
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
                    CS FOR HOUSE BILL NO. 44(TRA) "An Act                                          
             designating the Joe Redington, Sr., Memorial Trail."                                  
                                                                                                    
                             Chapter 1, SLA 2001                                                   
                           Effective Date: 06/07/01                                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 53                                                                                             
Message dated March 9 was read, stating the House passed and                                        
returned:                                                                                           
                                                                                                    
                   SENATE BILL NO. 53 "An Act extending the                                        
                 termination date of the Board of Barbers and                                      
          Hairdressers."                                                                            
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                                                                                                    

2001-03-12                     Senate Journal                      Page 0615
SJR 9                                                                                             
Message dated March 9 was read, stating the House passed and                                        
returned:                                                                                           
                                                                                                    
          SENATE JOINT RESOLUTION NO. 9 Relating to                                                 
          the development and deployment of the National                                            
          Missile Defense System.                                                                   
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
Message dated March 9 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 4                                                                                             
CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(STA) am                                                    
BY THE HOUSE STATE AFFAIRS COMMITTEE,                                                               
                                                                                                    
          Declaring February 2002 to be African-American                                            
          Citizen Recognition Month.                                                                
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 19                                                                                            
SENATE JOINT RESOLUTION NO. 19 BY SENATORS                                                          
LINCOLN, Hoffman, Ward, Austerman, Davis, Olson, Elton,                                             
                                                                                                    
          Relating to condemning a recent hate crime against                                        
          Alaska Natives; calling for public and private                                            
          agencies and citizens to speak out condemning                                             
          racism and discrimination; and joining in a request                                       
          for a formal investigation by the United States                                           
          Commission on Civil Rights on racial discrimination                                       
          and intolerance in Alaska.                                                                

2001-03-12                     Senate Journal                      Page 0616
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 134                                                                                            
SENATE BILL NO. 134 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act establishing the Alaska Commercial                                                
          Passenger Vessel Coastal Protection Program for                                           
          certain vessels with overnight accommodations for                                         
          50 or more passengers, including a permit and fees                                        
          for such vessels operating in waters of this state,                                       
          oversight of the program by the Department of                                             
          Environmental Conservation, civil and criminal                                            
          liability for violations of the program, and                                              
          recognition of superior environmental performance                                         
          by vessels subject to the program; creating a                                             
          commercial passenger vessel coastal protection fund;                                      
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Environmental Conservation                                        
 Fiscal Note No. 2, Department of Law                                                               
 Fiscal Note No. 3, Department of Transportation and Public                                         
  Facilities                                                                                        
                                                                                                    
Governor's transmittal letter dated March 9:                                                        
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
This bill I transmit today creates a comprehensive program to protect                               
Alaska's pristine coastal environment from pollution emanating from                                 
passenger ships that ply our waters.                                                                

2001-03-12                     Senate Journal                      Page 0617
In the last ten years, the number of visitors traveling in Alaska on                                
cruise ships increased from less than 200,000 to more than 640,000                                  
and the forecast is for continued growth. Before the late 1990's most                               
cruise ships carried fewer than 1,500 people. Newer ships carry up to                               
3,500 passengers and crew and that number will soon reach more than                                 
4,500 on ships now under construction. The number of cruise ship                                    
passengers and crew on Southeast Alaska waters at any one time can                                  
equal the population of the region's largest city. Like any city, this                              
concentration of people will generate solid and liquid waste and air                                
emissions. Alaska has comprehensive laws in place for monitoring and                                
controlling the discharges from our land-based cities. We have reached                              
the point where similar programs must be put in place for the floating                              
cities on our waters.                                                                               
                                                                                                    
This bill creates a comprehensive permitting program for cruise ships                               
covering wastewater, solid waste, and air emissions. This innovative                                
program is carefully designed to protect our coastal environment while                              
making it as easy as possible for the cruise industry to do business in                             
Alaska. Each ship would carry a single permit per season covering                                   
water, land, and air. Cruise ship operators would automatically obtain                              
a permit through a simple notification procedure with the Department                                
of Environmental Conservation (DEC). With the notification,                                         
operators state their intent to enter Alaska waters, agree to abide by the                          
standard terms of the permit, and state where the owners or their                                   
agents may be found if anything goes wrong.                                                         
                                                                                                    
The exact conditions of the permit would be developed through a                                     
public regulation-making process involving the industry and building                                
upon the extensive work of the Alaska Cruise Ship Initiative, a group                               
composed of federal, state, local, and industry representatives. The                                
regulations would generally require reports related to the release of                               
pollutants, sampling waste discharges, limitations on the times,                                    
locations and composition of waste discharges, and development of                                   
plans for the safe management of wastes. The bill specifically provides                             
that reporting, sampling, and limitations, where practicable, be                                    
consistent with existing federal law and tailored to different classes of                           
vessels to reduce any unnecessary burden on the permitees.                                          
                                                                                                    
The program minimizes paperwork and includes field verification of                                  
the effectiveness of industry's performance through direct discharge                                

2001-03-12                     Senate Journal                      Page 0618
monitoring. The industry is civilly and criminally liable for any                                   
violations, with consequences consistent with those faced by other                                  
facilities operating in the state.                                                                  
                                                                                                    
Similar to other industries using the state's infrastructure, services, and                         
natural resources, cruise ships must bear the cost of the coastal                                   
protection program that safeguards the pristine and picturesque                                     
environment upon which their business is based. The bill establishes a                              
fee system based on the amount of business conducted in Alaska                                      
waters, and is limited to recoupment of the costs of carrying out the                               
program.                                                                                            
                                                                                                    
Finally, the bill acknowledges the importance of the voluntary efforts                              
of the cruise industry in going beyond compliance with the letter of the                            
law, through a program to recognize and reward superior                                             
environmental performance.                                                                          
                                                                                                    
This innovative program fairly, efficiently, and comprehensively                                    
addresses the environmental challenges of increasing cruise ship                                    
activity in Alaska. I urge your prompt consideration and passage of                                 
this bill.                                                                                          
                                                                                                    
                                  Sincerely,                                                       
                                 /s/                                                                
                                 Tony Knowles                                                       
                                   Governor                                                        
                                                                                                    
                                                                                                    
SB 135                                                                                            
SENATE BILL NO. 135 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT                                                      
COMMITTEE, entitled:                                                                                
                                                                                                    
              "An Act relating to mental health information and                                    
          records; and providing for an effective date."                                            
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
                                                                                                    

2001-03-12                     Senate Journal                      Page 0619
SB 136                                                                                            
SENATE BILL NO. 136 BY THE SENATE RESOURCES                                                         
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to resource development and to                                           
          grants for the purpose of promoting resource                                              
          development from appropriations of a portion of the                                       
          revenue derived from the extraction of certain state                                      
          natural resources."                                                                       
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Katie Hurley                                                                             
Representative(s) Croft                                                                             
Senator(s) Ellis, Hoffman, Elton, Lincoln, Davis, Austerman, Taylor,                                
Kelly, Green, Pearce, Halford                                                                       
                                                                                                    
In Memoriam - James "Big Jim" Martin                                                                
Senator(s) Davis, Leman, Donley, Hoffman, Elton, Lincoln,                                           
Austerman, Taylor, Kelly, Green, Pearce, Halford                                                    
                                                                                                    
In Memoriam - Margaret Kennison Jack                                                                
Senator(s) Davis, Leman, Donley, Hoffman, Elton, Lincoln,                                           
Austerman, Taylor, Kelly, Green, Pearce, Halford                                                    
                                                                                                    
In Memoriam - Evan Michael Alexie                                                                   
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Halford, Leman, Hoffman, Elton, Davis,                                          
Austerman, Taylor, Kelly, Green, Pearce                                                             
                                                                                                    
In Memoriam - Philip Alexie                                                                         
Representative(s) Morgan                                                                            
Senator(s) Lincoln, Halford, Leman, Hoffman, Elton, Davis,                                          
Austerman, Taylor, Kelly, Green, Pearce                                                             
                                                                                                    
                                                                                                    

2001-03-12                     Senate Journal                      Page 0620
In Memoriam - Venzy H. Vecera                                                                       
Representative(s) Croft                                                                             
Senator(s) Ellis, Leman, Donley, Hoffman, Elton, Lincoln, Davis,                                    
Austerman, Taylor, Kelly, Green, Pearce                                                             
                                                                                                    
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                                                 
                                                                                                    
Senator Wilken moved and asked unanimous consent to be excused                                      
from a call of the Senate from afternoon plane time, March 22 through                               
the morning of March 23. Without objection, Senator Wilken 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., March 13, 2001. Without                                      
objection, the Senate adjourned at 11:29 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2001                         

2001-03-12                     Senate Journal                      Page 0621
                                Announcements                                                    
                                                                                                    
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