Legislature(2001 - 2002)
2001-02-14 Senate Journal
Full Journal pdf2001-02-14 Senate Journal Page 0365 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday February 14, 2001 Thirty-eighth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:19 a.m. The roll showed eighteen members present. Senator Cowdery was excused from a call of the Senate. Senator Kelly was absent. The prayer was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. In deepest respect for the religious beliefs of each person here, I invite you into a time of prayer and reflection. Let us pray. Dear Lord: Be with our state and its leaders so that we never take ourselves so seriously that we cannot be open to learning from one another. May learning not be top down but horizontal with respect for every person and every issue. May shared voices result in decisions that honor all the people of our state. We thank You for the gift of laughter and humor that is shared in this room. May good humor be a gift that sensitizes, conciliates and brings dialogue into the flow of decision making. 2001-02-14 Senate Journal Page 0366 As this Senate steps forward into the challenges of this session, may the pressure points of differing priorities, the exposure to diverse opinions and the time expectations of all that will transpire not take away the need and desire to be in good relationship. Good relationships benefit us all and promote caring leaders. May this session be a blessing to all. May dialogue, respect, humor and good relationships between individuals, branches of government and the people of our state be cultivated and celebrated through the dedicated efforts of all who are gathered in this room. In Your Holy Name we pray, Amen. Senator Taylor led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journal for the thirty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Kelly was noted. Communications The following report is on file in the Office of the Secretary of the Senate: Report on Law Enforcement Activities Related to Charitable Gaming from Bruce Botelho, Attorney General, Department of Law in accordance with AS 05.15.090 2001-02-14 Senate Journal Page 0367 Standing Committee Reports SB 24 The State Affairs Committee considered SENATE BILL NO. 24 "An Act giving notice of and approving the entry into, and the issuance of certificates of participation for, a lease-purchase agreement for a seafood and food safety laboratory facility; and providing for an effective date." Signing no recommendation: Senator Therriault, Chair, Senator Phillips. Signing do pass: Senators Pearce, Davis. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Environmental Conservation Fiscal Note No. 2, Department of Revenue Fiscal Note No. 3, Department of Administration The bill was referred to the Resources Committee. SB 65 The State Affairs Committee considered SENATE BILL NO. 65 "An Act requiring a study to determine if gender is a determinant in state employee compensation." Signing do pass: Senator Therriault, Chair, Senators Halford, Pearce, Davis. Signing no recommendation: Senator Phillips. The following fiscal information was published today: Fiscal Note No. 1, Department of Administration The bill was referred to the Finance Committee. SJR 10 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 10 Urging the United States Congress to fully fund the operational readiness and recapitalization requirements of the United States Coast Guard. Signing do pass: Senator Therriault, Chair, Senators Phillips, Pearce, Davis, Halford. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate State Affairs Committee The resolution was referred to the Rules Committee. 2001-02-14 Senate Journal Page 0368 SB 52 The Rules Committee considered SENATE BILL NO. 52 "An Act extending the termination date of the State Physical Therapy and Occupational Therapy Board." Signing to calendar: Senator Pearce, Chair, Senators Ellis, Therriault, Phillips. The bill is on today's calendar. HB 44 The Rules Committee considered CS FOR HOUSE BILL NO. 44(TRA) "An Act designating the Joe Redington, Sr., Memorial Trail." Signing to calendar: Senator Pearce, Chair, Senators Phillips, Therriault, Ellis. The bill is on today's calendar. HJR 6 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 6(RES) Relating to opposition to the inclusion of national forests in Alaska within former President Clinton's Roadless Area Conservation rule and supporting the overturning of this inclusion by litigation, by congressional action, or by action of President Bush. Signing to calendar: Senator Pearce, Chair, Senators Therriault, Phillips. Signing under other recommendations: Senator Ellis. The resolution is on today's calendar. Introduction and Reference of Senate Resolutions SJR 13 SENATE JOINT RESOLUTION NO. 13 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE, Proposing amendments to the Constitution of the State of Alaska relating to inflation-proofing the permanent fund. 2001-02-14 Senate Journal Page 0369 was read the first time and referred to the State Affairs, Judiciary and Finance Committees. Introduction and Reference of Senate Bills SB 90 SENATE BILL NO. 90 BY SENATORS KELLY, Austerman, Ellis, entitled: "An Act establishing the Office of Citizenship Assistance; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SB 91 SENATE BILL NO. 91 BY SENATOR WARD, entitled: "An Act relating to information and services available to pregnant women and other persons; and ensuring informed consent before an abortion may be performed, except in cases of medical emergency." was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. SB 92 SENATE BILL NO. 92 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE, entitled: "An Act relating to removal of members of the board of trustees of the Alaska Permanent Fund Corporation; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. 2001-02-14 Senate Journal Page 0370 Consideration of the Calendar Second Reading of Senate Bills SB 52 SENATE BILL NO. 52 "An Act extending the termination date of the State Physical Therapy and Occupational Therapy Board" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 341. Without objection, CS FOR SENATE BILL NO. 52(FIN) was adopted and read the second time. Senator Davis offered Amendment No. 1 : Amend Section 1, line 6 to read: (AS 08.84.010) -- June 30, 2007 [2001]; Senator Davis moved for the adoption of Amendment No. 1. Senator Leman objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 52(FIN) Second Reading Amendment No. 1 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Davis, Ellis, Elton, Hoffman, Kelly, Lincoln, Olson, Phillips, Torgerson Nays: Austerman, Donley, Green, Halford, Leman, Pearce, Taylor, Therriault, Ward, Wilken Excused: Cowdery Austerman changed from "Yea" to "Nay". Kelly changed from "Nay" to "Yea". and so, Amendment No. 1 failed. 2001-02-14 Senate Journal Page 0371 Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 52(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 52(FIN) "An Act extending the termination date of the State Physical Therapy and Occupational Therapy Board" pass the Senate?" The roll was taken with the following result: CSSB 52(FIN) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Cowdery and so, CS FOR SENATE BILL NO. 52(FIN) passed the Senate. Senator Ellis gave notice of reconsideration. Second Reading of House Bills HB 44 CS FOR HOUSE BILL NO. 44(TRA) "An Act designating the Joe Redington, Sr., Memorial Trail" was read the second time. Senators Leman, Ward, Phillips, Halford moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Leman moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 44(TRA) was read the third time. 2001-02-14 Senate Journal Page 0372 The question being: "Shall CS FOR HOUSE BILL NO. 44(TRA) "An Act designating the Joe Redington, Sr., Memorial Trail" pass the Senate?" The roll was taken with the following result: CSHB 44(TRA) Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Davis, Donley, Ellis, Elton, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Cowdery Absent: Green and so, CS FOR HOUSE BILL NO. 44(TRA) passed the Senate. Senator Ellis gave notice of reconsideration. Second Reading of House Resolutions HJR 6 CS FOR HOUSE JOINT RESOLUTION NO. 6(RES) Relating to opposition to the inclusion of national forests in Alaska within former President Clinton's Roadless Area Conservation rule and supporting the overturning of this inclusion by litigation, by congressional action, or by action of President Bush, was read the second time. Senator Torgerson, Chair, moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 342. Without objection, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 6(RES) was adopted and read the second time. Senators Taylor, Pearce, Donley moved and asked unanimous consent to be shown as cross sponsors on the resolution. Without objection, it was so ordered. 2001-02-14 Senate Journal Page 0373 Senator Phillips offered Amendment No. 1 : Page 3, line 5 after "and": Delete "several" Insert "over four" Page 3, line 25 after "the": Delete "illegal" Senator Phillips moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Leman moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 6(RES) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 6(RES) am S Relating to opposition to the inclusion of national forests in Alaska within former President Clinton's Roadless Area Conservation rule and supporting the overturning of this inclusion by litigation, by congressional action, or by action of President Bush, pass the Senate?" The roll was taken with the following result: SCS CSHJR 6(RES) am S Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Davis, Donley, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Ellis Excused: Cowdery and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 6(RES) am S passed the Senate. 2001-02-14 Senate Journal Page 0374 Senator Ellis gave notice of reconsideration. Citations th Honoring - Eielson's 354 Civil Engineering Squadron Senator(s) Therriault, Wilken, Kelly, Pearce, Green, Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Donley, Leman, Ward Honoring - Admiral Dennis Cutler Blair Representative(s) Mulder Senator(s) Phillips, Pearce, Wilken, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Donley, Leman, Ward Senator Leman moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business SJR 10 Senators Pearce, Taylor moved and asked unanimous consent to be shown as cosponsors on SENATE JOINT RESOLUTION NO. 10 Urging the United States Congress to fully fund the operational readiness and recapitalization requirements of the United States Coast Guard. Without objection, it was so ordered. SB 65 Senators Davis, Ellis, Therriault, Elton, Lincoln moved and asked unanimous consent to be shown as cosponsors on SENATE BILL NO. 65 "An Act requiring a study to determine if gender is a determinant in state employee compensation." Without objection, it was so ordered. Senator Green moved and asked unanimous consent to be excused from a call of the Senate on February 16. Without objection, Senator Green was excused. 2001-02-14 Senate Journal Page 0375 Announcements Announcements are at the end of the journal. Enrollment SCR 1 HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RES) Relating to Avalanche Awareness Month, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:25 p.m., February 14, 2001. Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 15, 2001. Without objection, the Senate adjourned at 12:21 pm. Heidi Vogel Secretary of the Senate February 2001 2001-02-14 Senate Journal Page 0376 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 COMMUNITY & REGIONAL AFFAIRS Feb 14 Wednesday Fahrenkamp 203 1:30 PM + SB 75 SERVICE AREAS:VOTER APPROVAL/TAX ZONES Feb 16 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Feb 14 Wednesday Senate Finance 532 9:00 AM SB 19 CHILD SUPPORT ENFORCEMENT/SOC SEC. # Bills Previously Heard/Scheduled Feb 15 Thursday Senate Finance 532 9:00 AM SB 80 APPROP: SPECIAL OLYMPICS SB 73 SUPPLEMENTAL APPROPRIATIONS/AMEND APPROP. SB 74 FAST TRACK SUPPLEMENTAL APPROPRIATIONS Overview: Governor's Supplemental Budget Annalee McConnell, Director, OMB Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 14 Wednesday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- 2001-02-14 Senate Journal Page 0377 JUDICIARY Feb 14 Wednesday Beltz 211 1:30 PM No Meeting Scheduled Feb 16 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Feb 15 Thursday Beltz 211 1:30 PM = SB 38 MEDICAL ASSISTANCE:BREAST/CERVICAL CANCER ---------------------------------------- RESOURCES Feb 14 Wednesday Butrovich 205 3:30 PM + TAPS Briefing: David Wight, CEO and President Alyeska Pipeline Feb 15 Thursday Senate Finance 532 12:00 PM + -- Time and Location Change -- Joint w/(H) Resources and (H) Special Committee on Oil & Gas Presentation on LNG Market in Japan and Asia: Shigeru Muraki, General Manager, Gas Resources Dept, Tokyo Gas Co. Ltd. Feb 16 Friday Butrovich 205 3:30 PM No Meeting Scheduled Feb 19 Monday Butrovich 205 3:30 PM Comparison of Northern vs Southern Gas Pipeline Route: Foothills Pipelines Ltd ---------------------------------------- 2001-02-14 Senate Journal Page 0378 RULES Feb 14 Wednesday Fahrenkamp 203 10:45 AM SB 52 TERMINATION OF STATE PHYS THERAPY BOARD HB 44 JOE REDINGTON SR. MEMORIAL TRAIL HJR 6 ROADLESS POLICY Feb 15 Thursday Fahrenkamp 203 10:45 AM SB 53 EXTENDING THE BD. OF BARBERS/HAIRDRESSERS SJR 7 REINSTATE WILDERNESS STUDY PROHIBITION ---------------------------------------- STATE AFFAIRS Feb 15 Thursday Beltz 211 3:30 PM Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Feb 15 Thursday Butrovich 205 1:30 PM No Meeting Scheduled Feb 23 Friday Anch Lio Conf Rm 1:30 PM -- Time and Location Change -- + Presentation: Alaska's Future Transportation Needs ---------------------------------------- FINANCE SUBCOMMITTEES COMMUNITY AND ECONOMIC DEVELOPMENT Feb 15 Thursday Senate Finance 532 3:30 PM Department Overview ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Feb 15 Thursday Terry Miller 104 8:00 AM Child Care Assistance, Child Care Licensing, Child Care Grants, Head Start ---------------------------------------- 2001-02-14 Senate Journal Page 0379 FISH & GAME Feb 15 Thursday Senate Finance 532 2:00 PM Division of Habitat and Restoration Commercial Fisheries Entry Commission Division of Commercial Fisheries ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Feb 15 Thursday Beltz 211 3:45 PM Workers' Comp/Labor Standards and Safety ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Feb 20 Tuesday Fahrenkamp 203 2:45 PM + Review of Past and Proposed Regulations ---------------------------------------- ARMED SERVICES COMMITTEE Feb 22 Thursday House Finance 519 3:30 PM Alaska's Space Mission and Military Force Projection: Adjutant General Phil Oates, Military & Veterans Affairs Commissioner ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS Feb 14 Wednesday Beltz 211 8:00 AM + Open Meeting Guidelines ---------------------------------------- 2001-02-14 Senate Journal Page 0380 OTHER MEETINGS JOINT SESSION Feb 21 Wednesday House Chamber 11:00 AM U.S. Senator Frank Murkowski's Annual Message Feb 23 Friday House Chamber 11:00 AM Chief Justice Dana Fabe's State of the Judiciary Message