Legislature(2001 - 2002)

2002-02-06 Senate Journal

Full Journal pdf

2002-02-06                     Senate Journal                      Page 2119
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                  February 6, 2002                      
                                                                                                    
                              Twenty-fourth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:08 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senators Green, Torgerson                                 
were excused from a call of the Senate.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Dr. Paul Beran, Pastor of                                   
Resurrection Lutheran Church. Senator Hoffman moved and asked                                       
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          Gracious Father, You have made us and not we                                              
          ourselves. You formed us in the womb of our                                               
          mothers. You provided those special people as gifts                                       
          who helped to form, shape and encourage us. You                                           
          have made us unique, special and diverse. Daily You                                       
          renew us with the gift of life. Thank You for that gift                                   
          today.                                                                                    
                                                                                                    
          We offer to You the broad diversity among us:                                             
          different backgrounds, different experiences,                                             
          different perspectives, differing political views and                                     
          differing lifestyles. Use our differences, not as                                         
          wedges to divide or degrade, but as gifts to broaden                                      
          and enrich. Make our diversity like bonding glue                                          
          uniting us to effectively lead this great state amidst                                    
          the challenges and opportunities. Give us that                                            
          unquestionable integrity of heart and mind.                                               
                                                                                                    
          This I pray in the Name of Jesus, Who came not to be                                      
    served, but to serve.                                           Amen.                          
                                                                                                    

2002-02-06                     Senate Journal                      Page 2120
                                                                                                    
Senator Leman led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the twenty-second and twenty-third legislative days be approved as                              
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
A Declaration of Disaster Emergency dated February 1, 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                                               
                                                                                                    
Message dated February 4 was read, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 359                                                                                            
HOUSE BILL NO. 359 BY THE HOUSE FINANCE COMMITTEE,                                                  
entitled:                                                                                           
                                                                                                    
               "An Act making a supplemental appropriation for                                     
               tourism marketing efforts; and providing for an                                     
          effective date."                                                                          
                                                                                                    
with a House Letter of Intent (House Journal page 2149), was read the                               
first time and referred to the Finance Committee.                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-06                     Senate Journal                      Page 2121
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Department of Natural Resources 2002 Annual Report to the                                           
Legislature                                                                                         
from Pat Pourchot, Commissioner                                                                     
in accordance with AS 19.30.400(b); AS 27.05.060; AS 38.04.022(b);                                  
AS 46.15.020(b)(5); AS 41.21.020(a)(14)                                                             
                                                                                                    
Alaska Housing Finance Corporation 2001 Annual Report                                               
from Jewel Jones, Board Chair, and Daniel Fauske, CEO/Executive                                     
Director                                                                                            
in accordance with AS 18.56.089                                                                     
                                                                                                    
Alaska Court System, 2001 Annual Report                                                             
from Stephanie Cole, Administrative Director                                                        
                                                                                                    
Department of Community and Economic Development, National                                          
Petroleum Reserve-Alaska Impact Mitigation Program, Report to the                                   
Second Session of the Twenty-Second Legislature, Fiscal Year 2002                                   
from Patrick Poland, Director, Division of Community and Business                                   
Development                                                                                         
in accordance with Chapter 53, SLA 1986                                                             
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 115                                                                                            
The Finance Committee considered SENATE BILL NO. 115 "An Act                                        
extending the termination date of the Board of Storage Tank                                         
Assistance." Signing do pass: Senators Donley, Kelly, Cochairs;                                     
Senators Austerman, Hoffman, Olson, Wilken, Leman, Ward.                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Environmental Conservation                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    

2002-02-06                     Senate Journal                      Page 2122
SB 153                                                                                            
The Finance Committee considered SENATE BILL NO. 153 "An Act                                        
replacing the storage tank assistance fund with the underground                                     
storage tank revolving loan fund and relating to that revolving loan                                
fund; repealing the tank cleanup program and the tank upgrading and                                 
closure program; and providing for an effective date" and                                           
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 153(FIN)                                                           
                                                                                                    
Signing do pass: Senators Kelly, Donley, Cochairs; Senators                                         
Austerman, Hoffman, Olson, Wilken, Leman, Ward.                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Environmental                                               
  Conservation                                                                                      
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SCR 21                                                                                            
The Health, Education and Social Services Committee considered                                      
SENATE CONCURRENT RESOLUTION NO. 21 Supporting the                                                  
development of adequate in-state treatment capacity for severely                                    
disturbed children, and recommended it be replaced with                                             
                                                                                                    
                     CS FOR SENATE CONCURRENT RESOLUTION                                           
          NO. 21(HES)                                                                               
                                                                                                    
Signing do pass: Senator Green, Chair, Senators Leman, Wilken,                                      
Ward, Davis.                                                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate Health, Education and Social                                       
  Services Committee                                                                                
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-06                     Senate Journal                      Page 2123
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 279                                                                                            
SENATE BILL NO. 279 BY SENATORS WILKEN, Kelly,                                                      
Therriault, Taylor, entitled:                                                                       
                                                                                                    
          "An Act authorizing the commissioner of fish and                                          
          game to issue complimentary sport fishing licenses                                        
          and tags to September 11 emergency responders and                                         
          their spouses; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 280                                                                                            
SENATE BILL NO. 280 BY SENATOR THERRIAULT, entitled:                                                
                                                                                                    
          "An Act permitting grants to certain regulated public                                     
          utilities for water quality enhancement projects and                                      
          water, wastewater, and solid waste systems."                                              
                                                                                                    
was read the first time and referred to the Labor and Commerce,                                     
Resources and Finance Committees.                                                                   
                                                                                                    
SB 281                                                                                            
SENATE BILL NO. 281 BY SENATOR LEMAN, entitled:                                                     
                                                                                                    
          "An Act prohibiting employment by nursing facilities                                      
          and assisted living homes of persons with certain                                         
          criminal backgrounds."                                                                    
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
SB 282                                                                                            
SENATE BILL NO. 282 BY SENATOR STEVENS, entitled:                                                   
                                                                                                    
          "An Act relating to the membership of the board of                                        
          directors of the Alaska Seafood Marketing Institute;                                      
          extending the termination dates of certain activities                                     

2002-02-06                     Senate Journal                      Page 2124
                 and salmon marketing programs of the Alaska                                       
                Seafood Marketing Institute and of the salmon                                      
          marketing tax; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 283                                                                                            
SENATE BILL NO. 283 BY SENATOR WILKEN, entitled:                                                    
                                                                                                    
              "An Act relating to temporary permits and licenses                                   
              by endorsement issued by the Board of Nursing; and                                   
          relating to the delegation of nursing duties."                                            
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Labor and Commerce Committees.                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
In Memoriam - Carolyn F. Peter                                                                      
Senator(s) Leman, Donley, Halford, Wilken, Green, Elton, Kelly,                                     
Davis, Taylor, Lincoln, Austerman                                                                   
                                                                                                    
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 Wilken moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from afternoon plane time,                                  
February 15 through evening plane time, February 18. Without                                        
objection, Senator Wilken was excused.                                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-06                     Senate Journal                      Page 2125
SB 263                                                                                            
Senator Hoffman moved and asked unanimous consent to be shown as                                    
a cosponsor on SENATE BILL NO. 263 "An Act relating to the                                          
subsequent acquisition of title to, or an interest in, real property by a                           
person to whom the property has purportedly been granted in fee or                                  
fee simple; and providing for an effective date." Without objection, it                             
was so ordered.                                                                                     
                                                                                                    
Senator Donley moved and asked unanimous consent to be excused                                      
from a call of the Senate on February 15. Without objection, Senator                                
Donley was excused.                                                                                 
                                                                                                    
Senator Donley moved and asked unanimous consent that the                                           
following statement be adopted as the Sense of the Senate and that the                              
statement be published in the journal: "The prayers offered in the                                  
Senate are with the deepest respect for the religious beliefs of each                               
person here, every Alaskan, every American, and of the First                                        
Amendment to the Constitution of the United States of America."                                     
Senator Lincoln objected.                                                                           
                                                                                                    
The question being, "Shall the Sense of the Senate offered by Senators                              
Donley, Ward be adopted?" The roll was taken with the following                                     
result:                                                                                             
                                                                                                    
Adopt Sense of the Senate?                                                                          
                                                                                                    
YEAS:  14   NAYS:  4   EXCUSED:  2   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Halford,                                    
Kelly, Phillips, Stevens, Taylor, Therriault, Ward, Wilken                                          
                                                                                                    
Nays:  Hoffman, Leman, Lincoln, Olson                                                               
                                                                                                    
Excused:  Green, Torgerson                                                                          
                                                                                                    
and so, the Sense of the Senate was adopted, and is published below:                                
                                                                                                    
                             Sense of the Senate                                                 
                                                                                                    
The prayers offered in the Senate are with the deepest respect for the                              
religious beliefs of each person here, every Alaskan, every American,                               
and of the First Amendment to the Constitution of the United States of                              
America.                                                                                            

2002-02-06                     Senate Journal                      Page 2126
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., January 8, 2002. Without                                     
objection, the Senate adjourned at 12:09 p.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2002                        

2002-02-06                     Senate Journal                      Page 2127
                                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                                            
                                                                                                    
Feb 07        Thursday                  Senate Finance 532            8:00 AM                     
+             -- Time and Location Change --                                                        
              Joint w/(H)                                                                           
              Local Boundary Commission:                                                            
              Annual Report, Homer Annexation                                                       
              City of Homer Presentation                                                            
              <Testimony by Invitation Only>                                                        
                                                                                                    
Feb 09        Saturday                  Senate Finance 532            9:00 AM                     
+             -- Time and Location Change --                                                        
              Joint w/(H)                                                                           
              Citizens Concerned About Annexation                                                   
              Public Testimony on Homer Annexation                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Feb 06        Wednesday                 Senate Finance 532            9:30 AM                     
     SB 272 SUPPLEMENTAL APPROP TOURISM MARKETING                                                   
              <Above Item Removed from Agenda>                                                      
= SB 153 UNDERGROUND STORAGE TANK LOAN FUND                                                         
= SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-06                     Senate Journal                      Page 2128
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 06        Wednesday                       Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 07        Thursday                        Butrovich 205           4:00 PM                     
              -- Time Change --                                                                     
              Proposed Meeting Canceled                                                             
              Joint w/(H)                                                                           
              Overview: Substance Abuse Directors                                                   
              Association of Alaska                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Feb 06        Wednesday                             Beltz 211         1:30 PM                     
+ HB 111 CIVIL LIABILITY AND LIVESTOCK                                                              
                                                                                                    
Feb 07        Thursday                    To Be Announced             2:00 PM                     
              -- Time Change --                                                                     
+             Joint w/(H)                                                                           
              Alaska Trust Law                                                                      
                                                                                                    
Feb 08        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 11        Monday                                Beltz 211         1:30 PM                     
+ SB 242 CONCEALED HANDGUN PERMITTEES                                                               
+ SB 223 PRISONERS:PAROLE/GOOD TIME                                                                 
                                                                                                    
Feb 13        Wednesday                             Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 15        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 07        Thursday                              Beltz 211         1:30 PM                     
+ HCR 12 FOREIGN SHIPS AND U.S. LONGSHOREMEN                                                        
+ SB 257 EXTEND BOARD OF PROFESSIONAL COUNSELORS                                                    
+ SB 244 OPTOMETRISTS: SUNSET AND MISCELLANEOUS                                                     
                   ----------------------------------------                                        
                                                                                                    

2002-02-06                     Senate Journal                      Page 2129
                                  RESOURCES                                                      
                                                                                                    
Feb 06        Wednesday                       Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 08        Friday                          Butrovich 205           3:30 PM                     
+ SB 140 SMALL WATER-POWER DEVELOPMENT PROJECTS                                                     
+ SB 255 LAND EXCHANGES: GOLD CORD DEVELOPMENT                                                      
                                                                                                    
Feb 13        Wednesday                 Senate Finance 532            3:30 PM                     
              -- Location Change --                                                                 
+             Joint w/Joint Committee on Natural Gas Pipelines                                      
              Overviews:                                                                            
              Dept of Revenue- Financial Participation                                              
              in AK Natural Gas Pipeline                                                            
              Dept of Natural Resources- Gas Supply and                                             
              Demand; Natural Gas and NGL Value                                                     
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
Feb 11        Monday                       Fahrenkamp 203           10:30 AM                      
     SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE                                                   
     SB 153 UNDERGROUND STORAGE TANK LOAN FUND                                                      
     SCR 21 TREATMENT FOR DISTURBED CHILDREN                                                        
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 07        Thursday                              Beltz 211         3:30 PM                     
     SB 258 AUTHORIZING ELECTRONIC BALLOTS                                                          
     SCR 22 SOBRIETY AWARENESS MONTH                                                                
     SJR 31 TAX EXEMPT BONDS TO FUND VETERANS LOANS                                                 
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                            NATURAL GAS PIPELINES                                                
                                                                                                    
Feb 13        Wednesday                 Senate Finance 532            3:30 PM                     
+             Joint w/Senate Resources Committee                                                    
              Overviews:                                                                            
              Dept of Revenue- Financial Participation                                              
              in AK Natural Gas Pipeline                                                            
              Dept of Natural Resources- Gas Supply                                                 
              and Demand; Natural Gas and NGL Value                                                 

2002-02-06                     Senate Journal                      Page 2130
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Feb 12        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Alaska Women's Resource Center:                                                       
              Stepping Stones Program                                                               
                   ----------------------------------------                                        
                                                                                                    
                                 FISH CAUCUS                                                     
                                                                                                    
Feb 07        Thursday                        Butrovich 205          12:00 PM                     
              Legislative Delegation Trip to Chile                                                  
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Feb 19        Tuesday                      House Chamber            11:00 AM                      
              US Senator Frank Murkowski                                                            
                                                                                                    
Feb 20        Wednesday                    House Chamber            11:00 AM                      
              Chief Justice Dana Fabe