Legislature(2001 - 2002)

2002-01-25 Senate Journal

Full Journal pdf

2002-01-25                     Senate Journal                      Page 2027
                                                                                                    
                                 SENATE JOURNAL                                                  
                                                                                                    
                            ALASKA STATE LEGISLATURE                                             
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                    
                                                                                                    
Juneau, Alaska                                   Friday                          January 25, 2002 
                                                                                                    
                                  Twelfth Day                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:16 a.m.                                                                               
                                                                                                    
The roll showed fifteen members present. Senators Cowdery, Leman,                                   
Lincoln, Taylor, Therriault were excused from a call of the Senate.                                 
                                                                                                    
The prayer was offered by the Chaplain, Pastor Sam Dalin of the River                               
of Glory Church. Senator Hoffman moved and asked unanimous                                          
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
             Let us pray: Dear Father God, great are You this day.                                  
             You are here in this state. You are here in this city.                                 
             You are seated among us. Today the kings and                                           
             queens assemble, we have heard, we have seen and                                       
             we are asking for divine guidance. We are thankful                                     
             that You do guide. We thank You for Your loving                                        
             kindness today. God bless Alaska. In the Name of                                       
             God the Father, God the Son, God the Holy Spirit.                                      
                                     Amen.                                                         
                                                                                                    
Senator Stevens led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                 Certification                                                   
                                                                                                    
Senator Phillips, Acting Majority Leader, moved and asked unanimous                                 
consent that the journals for the tenth and eleventh legislative days be                            
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-25                     Senate Journal                      Page 2028
                                     Recess                                                      
                                                                                                    
Senator Phillips, Acting Majority Leader, moved and asked unanimous                                 
consent that the Senate stand in recess for the purpose of a majority                               
caucus. Without objection, the Senate recessed at 11:21 a.m.                                        
                                                                                                    
                                  After Recess                                                   
                                                                                                    
The Senate reconvened at 12:08 p.m.                                                                 
                                                                                                    
                                                                                                    
                            Messages from the House                                              
                                                                                                    
Message dated January 23 was read, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
                         First Reading and Reference of                                          
                               House Resolutions                                                 
                                                                                                    
HCR 22                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 22 BY THE HOUSE                                                     
RULES COMMITTEE,                                                                                    
                                                                                                    
              Authorizing a recess by the Senate and the House of                                  
             Representatives for a period of more than three days.                                 
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
                   First Reading and Reference of House Bills                                    
                                                                                                    
HB 68                                                                                             
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                        
68(JUD)(efd am) BY THE HOUSE JUDICIARY COMMITTEE,                                                   
entitled:                                                                                           
                                                                                                    
             "An Act relating to accidents involving the vehicle of                                
                  a person under the influence of an alcoholic                                     
             beverage; and providing for an effective date."                                        
                                                                                                    
was read the first time and referred to the Transportation and Judiciary                            
Committees.                                                                                         

2002-01-25                     Senate Journal                      Page 2029
HB 285                                                                                            
HOUSE BILL NO. 285 BY REPRESENTATIVES MORGAN, Porter,                                               
Foster, Williams, Hudson, Harris, Coghill, Meyer, Dyson, Whitaker,                                  
Halcro, Lancaster, James, Kerttula, Berkowitz, Wilson, Murkowski,                                   
Guess, Davies, Croft, Green, Kookesh, Kapsner, Stevens, Chenault,                                   
Hayes, Crawford, Joule, Mulder, Cissna; SENATORS Halford,                                           
Leman, Ellis, entitled:                                                                             
                                                                                                    
              "An Act adding a second verse to the official Alaska                                 
             state song."                                                                           
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                 Communications                                                  
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Investment Earnings Report for certain Alaska Marine Highway Funds                                  
from Wilson Condon, Commissioner, Department of Revenue                                             
in accordance with AS 37.05.550(c) and AS 19.65.070(c)                                              
                                                                                                    
Alaska Public Employees' Retirement System, Comprehensive Annual                                    
Financial Report, Fiscal Year Ended June 30, 2001                                                   
from Anselm Staack, Chief Financial Officer, Division of Retirement                                 
and Benefits, Department of Administration                                                          
in accordance with AS 39.35.020                                                                     
                                                                                                    
Alaska Teachers' Retirement System, Comprehensive Annual                                            
Financial Report, Fiscal Year Ended June 30, 2001                                                   
from Anselm Staack, Chief Financial Officer, Division of Retirement                                 
and Benefits, Department of Administration                                                          
in accordance with AS 14.25.030(4)                                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-25                     Senate Journal                      Page 2030
Local Boundary Commission Report and Recommendation were                                            
received January 23, 2002                                                                           
from Kevin Waring, Chair                                                                            
in accordance with AS 44.33.812 and Article X, section 12 of the                                    
Alaska Constitution                                                                                 
                                                                                                    
The Local Boundary Commission report and recommendation will be                                     
published in Senate and House Joint Journal Supplement No. 10                                       
                                                                                                    
President Halford referred the report and recommendation to the                                     
Community and Regional Affairs Committee.                                                           
                                                                                                    
                                                                                                    
                           Standing Committee Reports                                            
                                                                                                    
Judiciary Committee Reports dated January 16 were received, stating:                                
                                                                                                    
In accordance with AS 24.60.130, the Senate Judiciary Committee                                     
reviewed the qualifications of the following, and recommends the                                    
appointments be forwarded for consideration:                                                        
                                                                                                    
 Select Committee on Legislative Ethics                                                           
 H. Conner Thomas - Nome                                                                            
 Bonnie L. Mehner - Anchorage                                                                       
                                                                                                    
There were no stated objections to the named individuals. However,                                  
this does not reflect an intent by any of the members to vote for or                                
against the appointments during any further sessions. The reports were                              
signed by Senator Taylor, Chair, Senators Donley, Cowdery, Ellis.                                   
                                                                                                    
Senator Phillips moved that of H. Conner Thomas be confirmed as a                                   
public member to the Select Committee on Legislative Ethics.                                        
                                                                                                    
The question being: "Shall H. Conner Thomas be confirmed as a                                       
public member to the Select Committee on Legislative Ethics?" The                                   
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-25                     Senate Journal                      Page 2031
                                                                                                    
Confirm H. Conner Thomas as a public member to                                                      
the Select Committee on Legislative Ethics?                                                         
                                                                                                    
YEAS:  15   NAYS:  0   EXCUSED:  5   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Donley, Ellis, Elton, Green, Halford,                                      
Hoffman, Kelly, Olson, Phillips, Stevens, Torgerson, Ward, Wilken                                   
                                                                                                    
Excused:  Cowdery, Leman, Lincoln, Taylor, Therriault                                               
                                                                                                    
and so, H. Conner Thomas was confirmed by the Senate.                                               
                                                                                                    
Senator Phillips moved that Bonnie L. Mehner be confirmed as a                                      
public member to the Select Committee on Legislative Ethics.                                        
                                                                                                    
The question being: "Shall Bonnie L. Mehner be confirmed as a public                                
member to the Select Committee on Legislative Ethics?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
Confirm Bonnie L. Mehner as a public member to                                                      
the Select Committee on Legislative Ethics?                                                         
                                                                                                    
YEAS:  15   NAYS:  0   EXCUSED:  5   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Donley, Ellis, Elton, Green, Halford,                                      
Hoffman, Kelly, Olson, Phillips, Stevens, Torgerson, Ward, Wilken                                   
                                                                                                    
Excused:  Cowdery, Leman, Lincoln, Taylor, Therriault                                               
                                                                                                    
and so, Bonnie L. Mehner was confirmed by the Senate.                                               
                                                                                                    
HB 334                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
334(FIN) "An Act making appropriations for a grant to Arctic Power                                  
to promote the opening of the Arctic National Wildlife Refuge for oil                               
and gas exploration and development; and providing for an effective                                 
date." Signing do pass: Senator Donley, Cochair, Senators Green,                                    
Hoffman, Olson, Wilken, Leman, Ward. Signing do not pass: Senator                                   
Austerman.                                                                                          

2002-01-25                     Senate Journal                      Page 2032
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                         Introduction and Reference of                                           
                               Senate Resolutions                                                
                                                                                                    
SCR 22                                                                                            
SENATE CONCURRENT RESOLUTION NO. 22 BY SENATORS                                                     
WARD, Ellis, entitled:                                                                              
                                                                                                    
                  Relating to declaring March 2002 as Sobriety                                     
             Awareness Month.                                                                       
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                   Introduction and Reference of Senate Bills                                    
                                                                                                    
SB 223                                                                                            
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 223 BY                                                       
SENATOR DONLEY, entitled:                                                                           
                                                                                                    
             "An Act referencing the award of good time and                                         
             restricting release on mandatory parole for prisoners                                  
             serving certain sentences who fail to attain certain                                   
             minimum educational standards; and providing for an                                    
             effective date."                                                                       
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 257                                                                                            
SENATE BILL NO. 257 BY THE SENATE LABOR AND                                                         
COMMERCE COMMITTEE, entitled:                                                                       
                                                                                                    
              "An Act extending the termination date of the Board                                  
             of Professional Counselors."                                                           
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 

2002-01-25                     Senate Journal                      Page 2033
                         Consideration of the Calendar                                           
                                                                                                    
                                   Citations                                                     
                                                                                                    
Honoring - Michelle Kennedy                                                                         
Senator(s) Taylor, Wilken, Leman, Hoffman, Elton, Davis, Lincoln,                                   
Austerman, Kelly, Green, Halford                                                                    
Representative(s) Wilson                                                                            
                                                                                                    
Honoring - John M. Brower                                                                           
Representative(s) Meyer                                                                             
Senator(s) Donley, Wilken, Leman, Hoffman, Elton, Davis, Lincoln,                                   
Austerman, Taylor, Kelly, Green, Halford                                                            
                                                                                                    
Honoring - Larry Erickson                                                                           
Representative(s) Lancaster                                                                         
Senator(s) Torgerson, Ward, Wilken, Leman, Hoffman, Elton,                                          
Stevens, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Donley,                                   
Halford                                                                                             
                                                                                                    
Honoring - Jacob Adams                                                                              
Representative(s) Joule                                                                             
Senator(s) Olson, Wilken, Leman, Ellis, Hoffman, Elton, Stevens,                                    
Davis, Lincoln, Austerman, Taylor, Kelly, Green, Halford                                            
                                                                                                    
Honoring - William Elliott                                                                          
Representative(s) Masek                                                                             
Senator(s) Green, Wilken, Leman, Hoffman, Elton, Stevens, Davis,                                    
Lincoln, Austerman, Taylor, Kelly, Halford                                                          
                                                                                                    
Honoring - Stephany Thompson                                                                        
Representative(s) Masek                                                                             
Senator(s) Green, Wilken, Leman, Hoffman, Elton, Davis, Lincoln,                                    
Austerman, Taylor, Kelly, Halford                                                                   
                                                                                                    
In Memoriam - Michael K. McDonald                                                                   
Senator(s) Phillips, Wilken, Leman, Donley, Ellis, Hoffman, Elton,                                  
Davis, Lincoln, Austerman, Taylor, Kelly, Green, Halford, Stevens                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-25                     Senate Journal                      Page 2034
In Memoriam - Tommy Reed Corr III                                                                   
Representative(s) Lancaster                                                                         
Senator(s) Torgerson, Phillips, Ward, Wilken, Leman, Hoffman,                                       
Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Halford                                     
                                                                                                    
In Memoriam - Milton "Turk" Turkington, Jr.                                                         
Representative(s) Scalzi, Lancaster                                                                 
Senator(s) Torgerson, Ward, Wilken, Leman, Hoffman, Elton, Davis,                                   
Lincoln, Austerman, Taylor, Kelly, Green, Halford                                                   
                                                                                                    
In Memoriam - Kevin Christopher, Katinniq Atoruk                                                    
Representative(s) Joule                                                                             
Senator(s) Olson, Wilken, Leman, Hoffman, Elton, Davis, Lincoln,                                    
Austerman, Taylor, Kelly, Green, Halford                                                            
                                                                                                    
Senator Phillips, Acting Majority Leader, moved and asked unanimous                                 
consent that the citations be adopted. Without objection, the citations                             
were adopted and referred to the Secretary for transmittal.                                         
                                                                                                    
                                                                                                    
                              Unfinished Business                                                
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate on January 28 and 29. Without objection,                                  
Senator Olson was excused.                                                                          
                                                                                                    
Senator Ward moved and asked unanimous consent to be excused                                        
from a call of the Senate on February 5. Without objection, Senator                                 
Ward was excused.                                                                                   
                                                                                                    
Senator Wilken moved and asked unanimous consent to be excused                                      
from a call of the Senate on January 29. Without objection, Senator                                 
Wilken was excused.                                                                                 
                                                                                                    
Senator Phillips, Rules Committee Chair, introduced the following                                   
Chamber Staff:                                                                                      
                                                                                                    
 Sergeant at Arms                                                                                 
 Christopher S. Miller                                                                              
                                                                                                    
                                                                                                    

2002-01-25                     Senate Journal                      Page 2035
 Assistant Sergeant at Arms                                                                       
Angela Robinson                                                                                     
                                                                                                    
                                                                                                    
                                 Announcements                                                   
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                  Adjournment                                                    
                                                                                                    
Senator Phillips, Acting Majority Leader, moved and asked unanimous                                 
consent that the Senate stand in adjournment until 11:00 a.m., January                              
28, 2002. Without objection, the Senate adjourned at 12:27 p.m.                                     
                                                                                                    
                                                                                         Heidi Vogel
                                                                         Secretary of the Senate    
                                                                                                    
                                                                                       January 2002 

2002-01-25                     Senate Journal                      Page 2036
                                 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                                                         
                                                                                                    
                          COMMUNITY & REGIONAL AFFAIRS                                           
                                                                                                    
Jan 25             Friday                                 Fahrenkamp 203                       1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 28             Monday                                 Fahrenkamp 203                       1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 30             Wednesday                              Fahrenkamp 203                       1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 01             Friday                                 Fahrenkamp 203                       1:30
                   No Meeting Scheduled                                                             
                    ----------------------------------------                                       
                                                                                                    
                                    FINANCE                                                      
                                                                                                    
Jan 25             Friday                              Senate Finance 532                      9:30
= HB 334 APPROP: GRANT TO ARCTIC POWER FOR ANWR                                                     
                                                                                                    
Jan 25             Friday                              House Finance 519                       1:30
                   Joint w/(H)Finance                                                               
                   <Uniform Rule 23 Waived>                                                         
                   Denali Commission Report                                                         
                                                                                                    
Jan 31             Thursday                            Senate Finance 532                      9:30
= SB 181 SMALL COMMUNITY HOUSING LOANS                                                              
= SB 153 UNDERGROUND STORAGE TANK LOAN FUND                                                         
= SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE                                                      
                   Bills Previously Heard/Scheduled                                                 
                    ----------------------------------------                                       
                                                                                                    

2002-01-25                     Senate Journal                      Page 2037
                      HEALTH, EDUCATION & SOCIAL SERVICES                                        
                                                                                                    
Jan 28             Monday                                     Butrovich 205                    1:30
+ HB 162 ABSENCES UNDER LONGEVITY BONUS PROGRAM                                                     
                                                                                                    
Jan 30             Wednesday                                  Butrovich 205                    1:30
+ SB 250 SCHOOL PERFORMANCE REPORTS                                                                 
                    ----------------------------------------                                       
                                                                                                    
                                   JUDICIARY                                                     
                                                                                                    
Jan 25             Friday                                             Beltz 211                1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 28             Monday                                             Beltz 211                1:30
+ SB 248 EXTENDING COUNCIL ON DOMESTIC VIOLENCE                                                     
                                                                                                    
Jan 30             Wednesday                                          Beltz 211                1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Feb 01             Friday                                             Beltz 211                1:30
+ SB 242 CONCEALED HANDGUN PERMITTEES                                                               
                    ----------------------------------------                                       
                                                                                                    
                                LABOR & COMMERCE                                                 
                                                                                                    
Jan 29             Tuesday                                            Beltz 211                1:30
+ HB 157 TRUST COMPANIES & FIDUCIARIES                                                              
+ SB 175 MUNICIPAL PROTESTS OF GAMING PERMITS                                                       
                                                                                                    
Jan 31             Thursday                                           Beltz 211                1:30
+ SB 243 CHIROPRACTORS: SUNSET/LICENSING                                                            
+ SB 244 OPTOMETRISTS: SUNSET AND MISCELLANEOUS                                                     
                    ----------------------------------------                                       
                                                                                                    
                                   RESOURCES                                                     
                                                                                                    
Jan 25             Friday                                     Butrovich 205                    3:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 28             Monday                                     Butrovich 205                    3:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 30             Wednesday                                  Butrovich 205                    3:30
                   No Meeting Scheduled                                                             

2002-01-25                     Senate Journal                      Page 2038
                             RESOURCES (continued)                                               
                                                                                                    
Feb 01             Friday                                     Butrovich 205                    3:30
                   No Meeting Scheduled                                                             
                    ----------------------------------------                                       
                                                                                                    
                                     RULES                                                       
                                                                                                    
Jan 25             Friday                                 Fahrenkamp 203                      12:30
      HCR  4 AFRICAN-AMERICAN CITIZEN RECOGNIT'N MONTH                                              
                                                                                                    
Jan 29             Tuesday                                Fahrenkamp 203                     10:00 
      HB 334 APPROP: GRANT TO ARCTIC POWER FOR ANWR                                                 
      HCR 22 RECESS FOR MORE THAN 3 DAYS IN MARCH                                                   
                    ----------------------------------------                                       
                                                                                                    
                                 STATE AFFAIRS                                                   
                                                                                                    
Jan 29             Tuesday                                            Beltz 211                3:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 31             Thursday                                           Beltz 211                3:30
      SB 236 HOMELAND SECURITY APPROPRIATIONS                                                       
= SB 235 EMERGENCY MANAGEMENT ASSISTANCE COMPACT                                                    
= SB 237 TERRORISM, CIVIL DEFENSE, AND DISASTERS                                                    
= SB 238 SECURITY OF FACILITIES AND SYSTEMS                                                         
= SB 239 STATE EMPLOYEES CALLED TO MILITARY DUTY                                                    
= SB 240 TERRORISTIC THREATENING/PIPELINE DAMAGE                                                    
                    ----------------------------------------                                       
                                                                                                    
                                 TRANSPORTATION                                                  
                                                                                                    
Jan 29             Tuesday                                    Butrovich 205                    1:30
                   No Meeting Scheduled                                                             
                                                                                                    
Jan 31             Thursday                                   Butrovich 205                    1:30
      HB 241 RAIL AND UTILITY CORRIDOR TO CANADA                                                    
      SB 209 LEGISLATIVE APPROVAL OF RAILROAD LEASES                                                
                    ----------------------------------------                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-25                     Senate Journal                      Page 2039
                             FINANCE SUBCOMMITTEES                                               
                                                                                                    
                         EDUCATION & EARLY DEVELOPMENT                                           
                                                                                                    
Jan 31             Thursday                               Terry Miller 104                     8:00
                   Dept Overview: FY03 Budget Request                                               
                   Committee Schedule and Future Topics                                             
                    ----------------------------------------                                       
                                                                                                    
                                JOINT COMMITTEES                                                 
                                                                                                    
                        ADMINISTRATIVE REGULATION REVIEW                                         
                                                                                                    
Jan 30             Wednesday                                      Capitol 102                  8:30
+                  Overview of Committee Activities                                                 
+                  DCED Interpretation of Uniform Mechanical Code                                   
                    ----------------------------------------                                       
                                                                                                    
                            ARMED SERVICES COMMITTEE                                             
                                                                                                    
Feb 05             Tuesday                             Senate Finance 532                      1:30
                   -- Location Change --                                                            
                   Lt. General Norton Schwartz,                                                     
                   Maj. Gen. Willie B. Nance: Briefing                                              
                    ----------------------------------------                                       
                                                                                                    
                              LEGISLATIVE COUNCIL                                                
                                                                                                    
Jan 28             Monday                              Senate Finance 532                     12:00
                   Revisor's Bill                                                                   
                   Don Mitchell Contract Amendment                                                  
                   Expanding Gas Pipeline Study Contract                                            
                   Hiring FERC Attorney                                                             
                   Late Travel Reimbursement Requests                                               
                   4th Avenue Lease Discussion                                                      
                   Capitol Security Measures                                                        
                    ----------------------------------------                                       
                                                                                                    
                                 OTHER MEETINGS                                                  
                                                                                                    
                                  FISH CAUCUS                                                    
                                                                                                    
Jan 31             Thursday                                   Butrovich 205                   12:00
                   2002 Fisheries Bills