Legislature(2001 - 2002)

2002-01-16 Senate Journal

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2002-01-16                     Senate Journal                      Page 1947
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                  January 16, 2002                      
                                                                                                    
                                  Third Day                                                      
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:09 a.m.                                                                               
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Greg Lindsay of the                                  
Northern Light United Church. Senator Hoffman moved and asked                                       
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          Respecting the religious tradition of each person                                         
          here, let's pause for a moment of prayer and                                              
          reflection.                                                                               
                                                                                                    
          Let us pray: God of the mountains, the skies and the                                      
          seas, help us to be honest today. Preserve us from                                        
          false talk, from cheap words, and from insincere                                          
          conversation. May the words of our mouths reflect                                         
          the spiritual truths that reside in our hearts.                                           
                                                                                                    
          Help us to leave our anger and hostility at the door,                                     
          and to come together for the purpose of serving all                                       
          the people. Take our uncertainty about the future, our                                    
          hopes and our dreams and shape with us a society                                          
          where the least among us are not forgotten, and the                                       
          greatest among us contribute much. For to those who                                       
           have   been   given   much,  much   will  be   required.                                
                                    Amen.                                                          
                                                                                                    
Senator Wilken led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1948
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the first and second legislative days be approved as certified by the                           
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Declaration of Disaster Emergency dated December 3, 2001, with an                                   
accompanying letter was received and is on file in the Senate                                       
Secretary's Office. The Declaration and letter had been copied to the                               
Finance Committee.                                                                                  
                                                                                                    
Declaration of Disaster Emergency dated January 2, 2002, with an                                    
accompanying letter was received and is on file in the Senate                                       
Secretary's Office. The Declaration and letter had been copied to the                               
Finance Committee.                                                                                  
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Messages dated January 16 were read, stating:                                                       
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Legislature at 6:00 p.m., Wednesday, January 16, 2002.                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
accept the House invitation to meet in Joint Session. Senator Ellis                                 
objected, then withdrew his objection. There being no further                                       
objections, it was so ordered.                                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Legislature at 11:00 a.m., Wednesday, February 20,                                   
2002 to hear Chief Justice Fabe's annual State of the Judiciary                                     
message.                                                                                            
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1949
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                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Alaska Seafood Marketing Institute, FY 2000 Annual Report                                           
from Barbara J. Belknap, Executive Director                                                         
in accordance with AS 16.51.400                                                                     
                                                                                                    
State of Alaska, Summary Statewide Cost Allocation Plan, Fiscal Year                                
Ended June 30, 2002                                                                                 
from Kim Garnero, Division of Finance Director, Department of                                       
Administration                                                                                      
in accordance with the requirements of U.S. Office of Management                                    
and Budget Circular A-87, "Cost Principles for State and Local                                      
Governments," and the Federal award(s) to which they apply                                          
                                                                                                    
Alaska Permanent Fund Corporation, Annual Report 2001                                               
from Robert D. Storer, Executive Director                                                           
in accordance with AS 37.13.170                                                                     
                                                                                                    
West Virginia Legislature, House Resolution No. 1 "Expressing the                                   
sense of the House of Delegates and decrying the outrageous terrorist                               
attacks launched against the United States on Tuesday, September 11,                                
2001, expressing sympathy to the families and friends of those killed                               
or injured, and urging the President of the United States and other                                 
federal officials to deal swiftly with those who threaten our freedom."                             
from Gregory M. Gray, Clerk of the West Virginia House of Delegates                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1950
Developmental Disabilities Waiting List Report, An Annual Report on                                 
the Demographics and Public Policy Issues, November 2001, Prepared                                  
by the Division of Mental Health and Developmental Disabilities                                     
from Jay Livey, Commissioner, Department of Health and Social                                       
Services                                                                                            
in accordance with AS 47.80.140(d)                                                                  
                                                                                                    
Alaska Annual Report on Activities of the National Conference of                                    
Commissioners on Uniform State Laws                                                                 
from Deborah Behr, Alaska Uniform Law Commissioner, Office of                                       
the Attorney General, Department of Law                                                             
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 234                                                                                            
SENATE BILL NO. 234 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
               "An Act relating to an optional group of persons                                    
            eligible for medical assistance who require treatment                                  
          for breast or cervical cancer."                                                           
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Health and Social Services                                        
                                                                                                    
Governor's transmittal letter dated January 14, 2002:                                               
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
Last year, I signed into law a bill that offered life saving health care                            
for low-income women diagnosed with breast or cervical cancer.                                      
Today I am asking that you make this treatment available                                            
permanently.                                                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1951
The Legislature made the unfortunate decision last year to offer this                               
cancer treatment through the Medicaid program for only two years.                                   
That means a woman could literally be midstream in her cancer                                       
treatment and suddenly get cut off simply because the program is now                                
destined to end on June 26, 2003. Imagine being caught in this                                      
circumstance: you are diagnosed with breast or cervical cancer; you                                 
are eligible for Medicaid services for treatment under this new                                     
program; you are uncertain whether the treatment can be completed                                   
because the program will end. I can't fathom why we would want to                                   
place a woman and her loved ones in this untenable position.                                        
                                                                                                    
This program offers cancer treatment to uninsured women who have                                    
been diagnosed with breast or cervical cancer under a federally                                     
financed screening program - the Center for Disease Control's (CDC)                                 
early detection program. Established by Congress in 1990, the CDC                                   
program provides screening exams to millions of persons throughout                                  
the country each year. In Alaska, there are currently four CDC                                      
grantees providing clinical breast exams, pelvic exams, and                                         
mammograms to medically under-served Alaskans meeting the                                           
requisite eligibility guidelines.                                                                   
                                                                                                    
In fiscal year 2001, the CDC grantees diagnosed 24 cases of breast                                  
cancer and 105 cases of cervical cancer in Alaska. Those women who                                  
are otherwise uninsured and eligible for these Medicaid services could                              
receive treatment for their disease. This literally means the difference                            
between life and death for these women.                                                             
                                                                                                    
When I signed into law the bill last year that allowed Alaska to offer                              
this new Medicaid option, I pledged I would do everything possible                                  
this year to remove the sunset placed on the program. I look forward to                             
the support of those legislators, about two-thirds of your joint                                    
membership, who vocally opposed the sunset provision but allowed it                                 
to go forward so the program could be put in place as soon as possible.                             
In the interest of women's health in Alaska, I urge your prompt and                                 
favorable action on this measure.                                                                   
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            

2002-01-16                     Senate Journal                      Page 1952
SB 235                                                                                            
SENATE BILL NO. 235 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to emergency and disaster relief                                         
          forces as state employees for purposes of workers'                                        
          compensation benefits; relating to the Emergency                                          
          Management Assistance Compact and the                                                     
          implementation of the compact; and providing for an                                       
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the State Affairs, Labor and                                
Commerce and Judiciary Committees.                                                                  
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Military and Veterans'                                      
  Affairs                                                                                           
                                                                                                    
Governor's transmittal letter dated January 14, 2002:                                               
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
This bill I transmit today is part of a package of bills I am forwarding                            
to the Legislature to address Alaska's ability to respond to disasters                              
and emergencies. It would enact the Emergency Management                                            
Assistance Compact (EMAC), making Alaska the 43rd state to do so.                                   
                                                                                                    
The EMAC is a mutual aid agreement that facilitates inter-state                                     
assistance in declared disasters and emergencies, including man-made                                
disasters and civil emergencies as well as natural disasters. A party                               
state, through its authorized representative, may request assistance of                             
another party state in the form of personnel, equipment, materials, or                              
supplies for emergency functions such as fire services, medical                                     
services, transportation, or other necessities. The EMAC provides that                              
states shall honor requests for assistance, but may withhold resources                              
as necessary to ensure reasonable protection in its own state. The                                  
requesting state shall reimburse states rendering aid including actual                              
costs incurred and any losses or damages.                                                           
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1953
The EMAC addresses certain legal issues of common concern relating                                  
to emergency assistance. It provides that officers and employees of the                             
state rendering aid are considered agents of the requesting state for tort                          
liability and immunity purposes. An assisting state's officers or                                   
employees may not be liable for any good faith act or omission of its                               
forces or because of maintenance or use of equipment or supplies. This                              
provides officers or employees of another state coming to assist                                    
Alaska in a disaster the same immunity from liability afforded our                                  
employees and agents.                                                                               
                                                                                                    
Under the EMAC, each state pays compensation and death benefits to                                  
members of its emergency forces who are killed while rendering aid to                               
another state in the same manner and on the same terms as if they were                              
injured or killed within their own state.                                                           
                                                                                                    
The bill also updates state law so that an Alaskan civilian volunteer                               
performing emergency or disaster relief functions in another state                                  
under the EMAC, or at the request of our state division of emergency                                
services, is considered an Alaska state employee for workers'                                       
compensation purposes. The reenacted statute will control state                                     
liability for workers' compensation benefits by limiting eligibility to                             
those volunteers who are on a roster maintained by the division of                                  
emergency services.                                                                                 
                                                                                                    
Finally, this bill repeals the outdated Interstate Civil Defense and                                
Disaster Compact; its goals are being met under the EMAC.                                           
                                                                                                    
Enacting the EMAC will benefit the state by providing immediate                                     
access to additional trained and experienced emergency specialists and                              
other emergency resources nationwide during a disaster. It will further                             
benefit the state by providing for prompt reimbursement by the                                      
Federal Emergency Management Agency (FEMA) of the costs of                                          
emergency resources provided by other states to Alaska in the event of                              
a disaster. Presently, the state must negotiate an agreement with the                               
FEMA for reimbursement in each disaster.                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1954
I urge your support for joining EMAC, as most other states have done.                               
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
SB 236                                                                                            
SENATE BILL NO. 236 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
                    "An Act making supplemental and other                                          
             appropriations for homeland security; and providing                                   
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
Governor's transmittal letter dated January 14, 2002:                                               
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
Today I am formally transmitting to the Legislature an appropriations                               
bill to implement the recommendations of the administration's                                       
Terrorism Disaster Policy Cabinet regarding state security and                                      
                                                                  th                                
response capabilities in the aftermath of September 11. The bill                                    
covers costs incurred to date fulfilling immediate requirements such as                             
airport security, as well as increased preparedness and response                                    
capabilities for the rest of FY2002 and all of FY2003. This                                         
comprehensive bill also funds capital investments for transportation                                
security, emergency response equipment and other high priority                                      
recommendations of the cabinet group.                                                               
                                                                                                    
I forwarded a draft of this legislation to you in November with a                                   
request for advance hearings to facilitate prompt consideration of the                              
proposal in the beginning weeks of the session. Although those                                      
hearings were not held, we made the Terrorism Disaster Policy                                       
Cabinet's report  and  budget  detail  on their recommendations widely                              
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1955
available to legislators and the public via the Internet. As anticipated                            
in my November letter, the final bill has some updates from that                                    
earlier version although there are no changes to the basic                                          
recommendations for action.                                                                         
                                                                                                    
Detecting and responding to threats of terrorism is no longer a                                     
theoretical exercise. Like all other states, Alaska must make its own                               
risk assessment and determine the appropriate levels of security and                                
emergency response capabilities to meet our responsibilities to our                                 
citizens.                                                                                           
                                                                                                    
This critical state policy decision requires the best efforts of the                                
administration and the legislature. I pledge the full assistance of my                              
commissioners and others to assisting you in your earliest possible                                 
review of these recommendations.                                                                    
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
A spreadsheet of cost estimates by department from the Office of                                    
Management and Budget was attached and is on file in the Senate                                     
Secretary's Office.                                                                                 
                                                                                                    
SB 237                                                                                            
SENATE BILL NO. 237 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
             "An Act relating to civil defense and disasters; and                                  
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Health,                               
Education and Social Services Committees.                                                           
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Military and Veterans'                                      
  Affairs                                                                                           
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
                                                                                                    

2002-01-16                     Senate Journal                      Page 1956
Governor's transmittal letter dated January 14, 2002:                                               
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
I am transmitting a bill relating to disasters and civil defense, which                             
results from recommendations of the Terrorism Disaster Policy                                       
Cabinet following the tragic events of September 11, 2001.  It is one                               
of six bills I am forwarding to the Legislature today to ensure Alaska                              
is fully prepared in terrorism prevention and emergency response.                                   
                                                                                                    
This bill would authorize the governor to declare that a state of                                   
emergency exists and to exercise emergency civil defense powers in                                  
the event of a terrorist attack or a credible threat of a terrorist attack on                       
the state. Presently, the governor is authorized to declare a civil                                 
defense emergency and exercise these powers only in the event of an                                 
"actual enemy attack."                                                                              
                                                                                                    
This bill also would amend the definition of "disaster" in state law to                             
include a terrorist or enemy attack, an outbreak of disease, or a                                   
credible threat of such an event. This would authorize the governor to                              
declare a disaster emergency and to exercise the disaster emergency                                 
powers if any of the above events occurred and causes or threatens                                  
severe damage, injury, loss of life or property, or shortage of food,                               
water, or fuel. Presently, such incidents are not included within the                               
definition of "disaster," hampering the state's ability to respond if they                          
occur.                                                                                              
                                                                                                    
Finally, this bill would amend the enumerated powers of the governor                                
in the event of a disaster emergency to include the ability to allocate or                          
redistribute pharmaceuticals and other medicines and supplies.                                      
Presently, the governor is authorized to allocate or redistribute only                              
food, water, fuel, or clothing in the event of a disaster emergency. It                             
also would authorize the governor to access, inspect, and share health                              
care and medical records as necessary to protect public health and                                  
safety in the event of a disaster emergency. Without this authority, the                            
state is unable to effectively respond to a bioterrorist attack or an                               
epidemic.                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1957
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
SB 238                                                                                            
SENATE BILL NO. 238 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
             "An Act relating to state plans and programs for the                                  
             safety and security of facilities and systems in the                                  
          state; and providing for an effective date."                                              
                                                                                                    
was read the first time and referred to the State Affairs and                                       
Transportation Committees.                                                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
  Facilities                                                                                        
                                                                                                    
Governor's transmittal letter dated January 14, 2002:                                               
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
This bill I transmit today contains recommendations of the                                          
Administration's Terrorism Disaster Policy Cabinet convened in                                      
                                              th                                                    
response to the attacks of September 11. It is one of six bills I am                                
forwarding for the Legislature's consideration to ensure Alaska is fully                            
prepared in terrorism prevention and emergency response. This bill                                  
relates to plans and programs for the security of state facilities and                              
systems.                                                                                            
                                                                                                    
This bill would assist the Department of Transportation and Public                                  
Facilities (DOT&PF) and its Alaska International Airports System and                                
rural airport network in responding to the need for increased security                              
since the tragic events of September 11. It would also enable all state                             
agencies, including the DOT&PF, to maintain the confidentiality of                                  
their sensitive security plans.                                                                     

2002-01-16                     Senate Journal                      Page 1958
Specifically, the bill would allow the DOT&PF to impose civil                                       
administrative penalties of up to $1,100 per incident for violations of                             
an airport security program. Currently, the Federal Aviation                                        
Administration (FAA) may assess a civil penalty of up to $1,100                                     
against the DOT&PF for violating any of the department's FAA-                                       
approved airport security programs. Although the FAA considers the                                  
DOT&PF to be the violator for federal regulatory purposes, nearly all                               
violations are the result of conduct of employees of airport tenants and                            
contractors. Usually, the DOT&PF passes these fines on to its tenants                               
and contractors. This situation, however, is an unsatisfactory way to                               
get airport tenants and contractors to correct security problems                                    
because it requires the DOT&PF to invite the FAA to punish that                                     
department in order to charge the penalty to the violator.                                          
                                                                                                    
The DOT&PF should be able to directly assess civil penalties against                                
its contractors, lessees, and licensees, and their agents and employees,                            
for violating a security program. This will make those responsible for                              
security more vigilant and responsive to the increased needs. It is                                 
anticipated the DOT&PF would adopt regulations that would set out                                   
the procedures for the assessment of penalties and would establish an                               
appeals process to meet the constitutional requirements of due process.                             
                                                                                                    
The bill also would add an exclusion to the list of state records that are                          
available for public inspection and copying to allow for confidentiality                            
of certain security and safety documents and information. Similarly,                                
the bill allows a new exemption from the public notice provisions and                               
procedures for adopting regulations so that regulations regarding                                   
certain security plans, programs and procedures may be protected                                    
information. Specific exemptions from these requirements of the                                     
Administrative Procedure Act already exist, such as prison security                                 
plans for the Department of Corrections.                                                            
                                                                                                    
Thank you for your prompt consideration of this bill.                                               
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1959
SB 239                                                                                            
SENATE BILL NO. 239 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to state employees who are called to                                     
          active duty as reserve or auxiliary members of the                                        
          armed forces of the United States; and providing for                                      
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
Governor's transmittal letter dated January 14, 2002:                                               
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
This bill I transmit today contains recommendations of the                                          
Administration's Terrorism Disaster Policy Cabinet convened in                                      
                                              th                                                    
response to the attacks of September 11. It is one of six bills I am                                
forwarding for the Legislature's consideration to ensure Alaska is fully                            
prepared in terrorism prevention and emergency response.                                            
                                                                                                    
This measure allows the Governor to ensure that state employees who                                 
are members of reserve and auxiliary military units, including the                                  
Alaska National Guard and Alaska Naval Militia, will not be                                         
financially penalized while on certain active duty. These courageous                                
Alaskans could continue to receive their state salaries, or the                                     
equivalent, and some or all of their state benefits.                                                
                                                                                                    
This is the right thing to do for our reserve and auxiliary service                                 
members who are called to active duty. The governors of many other                                  
states already possess this authority. Alaska should join their ranks.                              
                                                                                                    
This authority would be discretionary and triggered by an order of the                              
governor. I do not anticipate a governor would invoke this provision                                
for a short-term mobilization of the National Guard for, say, disaster                              
assistance. I would expect that it generally would be invoked only for                              

2002-01-16                     Senate Journal                      Page 1960
large-scale activations such as those we have seen recently across the                              
country. The intent of the bill is that state employees called to active                            
duty should not be financially harmed.                                                              
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
SB 240                                                                                            
SENATE BILL NO. 240 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to the crimes of damaging an oil or                                      
          gas pipeline or supporting facility, criminal mischief,                                   
          and terroristic threatening; making conforming                                            
          amendments; and providing for an effective date."                                         
                                                                                                    
was read the first time and referred to the State Affairs, Resources and                            
Judiciary Committees.                                                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Administration                                              
                                                                                                    
Governor's transmittal letter dated January 14, 2002:                                               
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
I am transmitting a bill that would increase the criminal penalties for                             
certain acts of terrorism and would prohibit the mailing of imitation                               
substances with the intent to frighten people or cause other specified                              
harm. This proposal is part of a package of six bills I am presenting to                            
the Legislature today regarding terrorism prevention and emergency                                  
response.                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1961
The bill proposes the following criminal penalties:                                                 
                                                                                                    
     · Intentional damage of an oil or gas pipeline or supporting                                   
          facility would be raised to a class A felony (from the current                            
          class B felony);                                                                          
     · Unlawful tampering with an oil or gas pipeline or supporting                                 
          facility would be raised to a class B felony (from a class C                              
          felony);                                                                                  
     · Unlawful tampering with an airplane or helicopter would be                                   
          raised to a class B felony (from a class C felony);                                       
     · Unlawful tampering with water, including a public or private                                 
          water supply, with intent to cause physical injury would be                               
          the same level of crime as tampering with a food, drug, or                                
          cosmetic - a class B felony;                                                              
     · Sending or attempting to send an imitation biological or                                     
          chemical substance with intent to frighten people or cause                                
          other specified harm would be a class B felony. (Current law                              
          provides for either a class C felony or no criminal charge,                               
          depending on the circumstances.);                                                         
     · Making a false report under certain circumstances regarding                                  
          the sending or presence of a harmful biological or chemical                               
          substance, or a false report threatening damage to an oil or gas                          
          pipeline or supporting facility would be established as a class                           
          C felony.                                                                                 
                                                                                                    
It is unfortunate that recent tragedies and ensuing upheavals in our                                
country make these measures very important. I urge your prompt and                                  
favorable action on this bill.                                                                      
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1962
SB 241                                                                                            
SENATE BILL NO. 241 BY SENATOR GREEN, entitled:                                                     
                                                                                                    
                    "An Act relating to membership in the                                          
          Comprehensive Health Insurance Association."                                              
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Labor and Commerce Committees.                                                         
                                                                                                    
SB 242                                                                                            
SENATE BILL NO. 242 BY SENATOR TAYLOR, entitled:                                                    
                                                                                                    
          "An Act relating to concealed handgun permittees."                                        
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
SB 243                                                                                            
SENATE BILL NO. 243 BY SENATORS THERRIAULT, Taylor,                                                 
Austerman, entitled:                                                                                
                                                                                                    
             "An Act extending the termination date of the Board                                   
                  of Chiropractic Examiners; and relating to                                       
          chiropractors."                                                                           
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
SB 244                                                                                            
SENATE BILL NO. 244 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT                                                      
COMMITTEE, entitled:                                                                                
                                                                                                    
             "An Act extending the termination date of the Board                                   
                  of Examiners in Optometry; and relating to                                       
          optometrists."                                                                            
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1963
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Commemorating - Dr. Martin Luther King, Jr. Day                                                     
Senator(s) Davis, Halford, Elton, Lincoln, Austerman, Taylor, Kelly,                                
Green, Wilken, Leman, Phillips, Ellis, Stevens, Ward, Donley                                        
                                                                                                    
Senator Leman moved and asked unanimous consent that the citation                                   
be adopted. Without objection, the citation was adopted and referred to                             
the Secretary for transmittal.                                                                      
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Halford appointed Senator Stevens to replace Senator Pearce                                 
on the Joint Armed Services Committee.                                                              
                                                                                                    
Senator Halford formally welcomed Senator Ben Stevens to the                                        
membership of the Twenty-Second Alaska State Legislature.                                           
                                                                                                    
Senator Davis moved and asked unanimous consent to be excused                                       
from a call of the Senate on January 18. Without objection, Senator                                 
Davis was excused.                                                                                  
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to the Joint Session. Without objection, the Senate                                 
recessed at 11:26 a.m.                                                                              
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                          Joint Session in the House                                             
                                                                                                    
Speaker Porter called the House to order and in accordance with                                     
Uniform Rule 51 turned the gavel over to President Halford at 6:06                                  
p.m.                                                                                                

2002-01-16                     Senate Journal                      Page 1964
The roll of the Senate was called and showed twenty members present.                                
                                                                                                    
The roll of the House was taken and showed thirty-nine members                                      
present. Representative Rokeberg was excused.                                                       
                                                                                                    
SB 103                                                                                            
Senator Leman moved that CONFERENCE CS FOR SENATE BILL                                              
NO. 103 "An Act relating to election campaigns and legislative ethics"                              
become law notwithstanding the Governor's veto.                                                     
                                                                                                    
The question being: "Shall CONFERENCE CS FOR SENATE BILL                                            
NO. 103 become law notwithstanding the Governor's veto?" The roll                                   
of the House was taken with the following result:                                                   
                                                                                                    
CCS SB 103                                                                                          
Override Veto                                                                                       
HOUSE                                                                                               
                                                                                                    
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                    
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                     
Morgan, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens, Whitaker,                                 
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro,                                   
Hayes, Joule, Kapsner, Kerttula, Kookesh, Moses                                                     
                                                                                                    
Excused:  Rokeberg                                                                                  
                                                                                                    
The roll of the Senate was called with the following result:                                        
                                                                                                    
CCS SB 103                                                                                          
Override Veto                                                                                       
SENATE                                                                                              
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                     
                                                                                                    
Yeas:  Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken,                              
Austerman, Cowdery, Donley, Green, Kelly, Leman, Halford                                            
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
TOTALS: YEAS: 40  NAYS: 19  EXCUSED: 1                                                            
                                                                                                    

2002-01-16                     Senate Journal                      Page 1965
and so, the Governor's veto of CONFERENCE CS FOR SENATE                                             
BILL NO. 103 "An Act relating to election campaigns and legislative                                 
ethics" was overridden.                                                                             
                                                                                                    
SB 166                                                                                            
Senator Leman moved that SENATE BILL NO. 166 "An Act relating                                       
to the time of filling by appointment a vacancy in the office of United                             
States senator" become law notwithstanding the Governor's veto.                                     
                                                                                                    
Representative Murkowski moved and asked unanimous consent to be                                    
allowed to abstain from voting because of a conflict of interest.                                   
Objections were heard and Representative Murkowski was required to                                  
vote.                                                                                               
                                                                                                    
The question being: "Shall SENATE BILL NO. 166 become law                                           
notwithstanding the Governor's veto?" The roll of the Senate was                                    
called with the following result:                                                                   
                                                                                                    
SB 166                                                                                              
Override Veto                                                                                       
SENATE                                                                                              
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                     
                                                                                                    
Yeas:  Stevens, Taylor, Therriault, Torgerson, Ward, Wilken,                                        
Austerman, Cowdery, Donley, Green, Kelly, Leman, Phillips, Halford                                  
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
                                                                                                    
The roll of the House was taken with the following result:                                          
                                                                                                    
SB 166                                                                                              
Override Veto                                                                                       
HOUSE                                                                                               
                                                                                                    
YEAS:  27   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                    
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire,                                    
Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens,                                    
Whitaker, Williams, Wilson                                                                          
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1966
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Excused:  Rokeberg                                                                                  
                                                                                                    
TOTALS: YEAS: 41  NAYS: 18  EXCUSED: 1                                                            
                                                                                                    
and so, the Governor's veto of SENATE BILL NO. 166 "An Act                                          
relating to the time of filling by appointment a vacancy in the office of                           
United States senator" was overridden.                                                              
                                                                                                    
HB 177                                                                                            
Senator Leman moved that SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 177(RLS) am S "An Act regulating nongroup entities and certain                                  
tax-exempt organizations under Alaska's election campaign finance                                   
statutes; and requiring disclosure of the true source of campaign                                   
contributions" become law notwithstanding the Governor's veto.                                      
                                                                                                    
The question being:"Shall SENATE CS FOR CS FOR HOUSE BILL                                           
NO. 177(RLS) am S become law notwithstanding the Governor's                                         
veto?" The roll of the House was taken with the following result:                                   
                                                                                                    
SCS CSHB 177(RLS) am S                                                                              
Override Veto                                                                                       
HOUSE                                                                                               
                                                                                                    
YEAS:  27   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                    
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire,                                    
Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Scalzi, Stevens,                                    
Whitaker, Williams, Wilson                                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hayes,                                    
Joule, Kapsner, Kerttula, Kookesh, Moses                                                            
                                                                                                    
Excused:  Rokeberg                                                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1967
The roll of the Senate was called with the following result:                                        
                                                                                                    
SCS CSHB 177(RLS) am S                                                                              
Override Veto                                                                                       
SENATE                                                                                              
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                     
                                                                                                    
Yeas:  Taylor, Therriault, Torgerson, Ward, Wilken, Austerman,                                      
Cowdery, Donley, Green, Kelly, Leman, Phillips, Stevens, Halford                                    
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
TOTALS: YEAS: 41  NAYS: 18  EXCUSED: 1                                                            
                                                                                                    
and so, the Governor's veto of SENATE CS FOR CS FOR HOUSE                                           
BILL NO. 177(RLS) am S "An Act regulating nongroup entities and                                     
certain tax-exempt organizations under Alaska's election campaign                                   
finance statutes; and requiring disclosure of the true source of                                    
campaign contributions" was overridden.                                                             
                                                                                                    
HB 244                                                                                            
Senator Leman moved that SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 244(RES) "An Act relating to a grant of state land to the Denali                                
Borough for a railroad and utility corridor and a railroad development                              
project; repealing provisions relating to a grant of a right-of-way of                              
land for a railroad and utility corridor to the Alaska Industrial                                   
Development and Export Authority; and providing for an effective                                    
date" become law notwithstanding the Governor's veto.                                               
                                                                                                    
Senators Therriault, Lincoln moved and asked unanimous consent to                                   
be allowed to abstain from voting because of a conflict of interest.                                
Objections were heard and Senators Therriault, Lincoln were required                                
to vote.                                                                                            
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 244(RES) become law notwithstanding the Governor's veto?"                                       
The roll of the House was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1968
SCS CSHB 244(RES)                                                                                   
Override Veto                                                                                       
HOUSE                                                                                               
                                                                                                    
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                    
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro,                                
Harris, Hayes, Hudson, James, Kohring, Kott, Lancaster, Masek,                                      
McGuire, Meyer, Morgan, Mulder, Murkowski, Ogan, Porter, Scalzi,                                    
Stevens, Whitaker, Williams, Wilson                                                                 
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Joule,                                    
Kapsner, Kerttula, Kookesh, Moses                                                                   
                                                                                                    
Excused:  Rokeberg                                                                                  
                                                                                                    
The roll of the Senate was called with the following result:                                        
                                                                                                    
SCS CSHB 244(RES)                                                                                   
Override Veto                                                                                       
SENATE                                                                                              
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                     
                                                                                                    
Yeas:  Therriault, Torgerson, Ward, Wilken, Cowdery, Donley, Green,                                 
Kelly, Leman, Phillips, Stevens, Taylor, Halford                                                    
                                                                                                    
Nays:  Austerman, Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                      
                                                                                                    
TOTALS: YEAS: 41  NAYS: 18  EXCUSED: 1                                                            
                                                                                                    
and so, the Governor's veto of SENATE CS FOR CS FOR HOUSE                                           
BILL NO. 244(RES) "An Act relating to a grant of state land to the                                  
Denali Borough for a railroad and utility corridor and a railroad                                   
development project; repealing provisions relating to a grant of a right-                           
of-way of land for a railroad and utility corridor to the Alaska                                    
Industrial Development and Export Authority; and providing for an                                   
effective date" was overridden.                                                                     
                                                                                                    
The Joint Session stood at ease at 6:23 p.m.                                                        
                                                                                                    
President Halford called the Joint Session back to order At 6:59 p.m.                               
to hear the Honorable Tony Knowles, Governor, deliver his combined                                  
State of the State and State of the Budget address.                                                 
                                                                                                    

2002-01-16                     Senate Journal                      Page 1969
President Halford appointed Representative Guess and Senator Davis                                  
to escort Governor Knowles to the Joint Session.                                                    
                                                                                                    
President Halford introduced the First Lady of Alaska, Susan Knowles                                
and their daughter Devon Knowles.                                                                   
                                                                                                    
The House Sergeant at Arms, Sean Riley, announced the Governor's                                    
entrance to the House Chamber.                                                                      
                                                                                                    
The Honorable Tony Knowles was escorted to the rostrum and                                          
introduced by President Halford.                                                                    
                                                                                                    
Governor Knowles delivered his address. This address appears in                                     
Senate and House Joint Journal Supplement No. 8.                                                    
                                                                                                    
The Governor received a standing ovation and was escorted from the                                  
chamber by Senator Davis and Representative Guess.                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the Joint                                      
Session stand in adjournment. Without objection, President Halford                                  
adjourned the Joint Session at 7:48 p.m.                                                            
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                                In the Senate                                                    
                                                                                                    
The Senate reconvened at 8:18 p.m.                                                                  
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1970
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., January 18, 2002. Without                                    
objection, the Senate adjourned at 8:19 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                January 2002                        

2002-01-16                     Senate Journal                      Page 1971
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 17        Thursday                  Senate Finance 532            9:30 AM                     
              Overview of Possible Supplemental Request for FY 02                                   
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Jan 16        Wednesday                 Senate Finance 532            1:30 PM                     
+             Joint Meeting with House HESS                                                         
              Overview: Division of Public Health                                                   
              Session Initiatives                                                                   
                                                                                                    
Jan 18        Friday                    Senate Finance 532            1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Jan 17        Thursday                              Beltz 211         3:30 PM                     
              -- Meeting Canceled --                                                                
              Organizational Meeting                                                                
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Jan 22        Tuesday                         Butrovich 205           1:30 PM                     
     SB 215 COMMON CARRIER LIQUOR LICENSE                                                           
                                                                                                    
                                                                                                    

2002-01-16                     Senate Journal                      Page 1972
                          TRANSPORTATION (continued)                                             
                                                                                                    
Jan 24        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Feb 05        Tuesday                         Butrovich 205           1:30 PM                     
              Lt. General Norton Schwartz Briefing                                                  
              Strategic Plan Discussion                                                             
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Jan 24        Thursday                   House Finance 519           12:00 PM                     
                   ----------------------------------------                                        
                                                                                                    
                            NATURAL GAS PIPELINES                                                
                                                                                                    
Jan 16        Wednesday                       Butrovich 205          12:00 PM                     
+             Natural Gas Pipeline Project Updates                                                  
              Chairman's Update                                                                     
              Dr. Doug Reynolds                                                                     
              Department of Revenue:Commissioner Condon                                             
              Department of Natural Resources: Commissioner Pourchot                                
              Foothills Pipe Lines Ltd: John Ellwood                                                
              Alaska Gas Producers' Pipeline Team:                                                  
              Dave MacDowell                                                                        
              Phillips Alaska Inc: Michael Hurley                                                   
              Committee Member Comments                                                             
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Jan 16        Wednesday                    House Chamber              6:00 PM                     
                                                                                                    
Jan 22        Tuesday                      House Chamber            11:00 AM                      
              U.S. Senator Ted Stevens