Legislature(2001 - 2002)

2002-02-08 Senate Journal

Full Journal pdf

2002-02-08                     Senate Journal                      Page 2133
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                      Friday                  February 8, 2002                      
                                                                                                    
                               Twenty-sixth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:17 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senators Green, Phillips                                  
were excused from a call of the Senate.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Senator Cowdery. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
                           A Prayer for Our Country                                                
                                                                                                    
          Almighty God, You have given this great land as our                                       
          heritage. We humbly pray that we may always                                               
          remember Your generosity and faithfully do Your                                           
          will.                                                                                     
                                                                                                    
          Bless our land with honest industry, truthful                                             
          education and an honorable way of life. Defend our                                        
          liberties and strengthen the resolve of the people who                                    
          have come from throughout the world to make this                                          
          land their home. Lead us to choose the harder right                                       
          instead of the easier wrong. Help us to appreciate the                                    
          opportunities that are ours as we struggle to bring                                       
          harmony to an unsettled world.                                                            
                                                                                                    
          May we balance our concern for justice with a                                             
          willingness to display mercy, and may our concern                                         
          for security be tempered with a willingness to take                                       
          risks which will produce worthwhile change for the                                        
          good of all people.                                                                       
                                                                                                    

2002-02-08                     Senate Journal                      Page 2134
          O Lord, we pray for Your guidance as we work                                              
          together for the best interests of our communities, our                                   
          nation, our world, and the ultimate goal of peace.                                        
          When times are prosperous, let our hearts be thankful                                     
          and in troubled times may our deepest trust be with                                       
 You.                                                                   Amen.                      
                                                                                                    
Senator Kelly led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the twenty-fourth and twenty-fifth legislative days be approved as                              
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated February 6 was read, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 349                                                                                            
HOUSE BILL NO. 349 BY REPRESENTATIVES DYSON, Ogan,                                                  
Foster, James, Meyer, Rokeberg, entitled:                                                           
                                                                                                    
              "An Act relating to agency programs and financial                                    
          plans."                                                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
                                                                                                    

2002-02-08                     Senate Journal                      Page 2135
Errata Sheet to be inserted in the Storage Tank Assistance Fund Annual                              
Report - Fiscal Year 2001, between pages 2 and 3 of Appendix A                                      
from Karen Paulick, Department of Environmental Conservation                                        
                                                                                                    
Alaska Marine Highway System Fund 2001 Annual Financial Report                                      
from Captain George A. Capacci, General Manager                                                     
in accordance with AS 19.65.070                                                                     
                                                                                                    
Department of Community and Economic Development, Regulatory                                        
Commission of Alaska, Annual Report Fiscal Year 2001                                                
from G. Nanette Thompson, Chair                                                                     
in accordance with AS 42.05.211 and 42.05.220                                                       
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 244                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
244 "An Act extending the termination date of the Board of Examiners                                
in Optometry; and relating to optometrists" and recommended it be                                   
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 244(L&C)                                                           
                                                                                                    
Signing do pass: Senator Stevens, Chair, Senators Austerman, Davis,                                 
Leman, Torgerson.                                                                                   
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
President Halford added a Finance Committee referral to the bill.                                   
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 257                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
257 "An Act extending the termination date of the Board of                                          
Professional Counselors" and recommended it be replaced with                                        
                                                                                                    

2002-02-08                     Senate Journal                      Page 2136
          CS FOR SENATE BILL NO. 257(L&C) "An Act                                                   
          extending the termination date of the Board of                                            
          Professional Counselors; and relating to licensing of                                     
          professional counselors."                                                                 
                                                                                                    
Signing do pass: Senator Stevens, Chair, Senators Austerman, Davis,                                 
Leman, Torgerson.                                                                                   
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HCR 12                                                                                            
The Labor and Commerce Committee considered HOUSE                                                   
CONCURRENT RESOLUTION NO. 12 Relating to the preservation                                           
of employment opportunities for United States longshoremen with                                     
respect to unloading and loading of foreign vessels. Signing do pass:                               
Senator Stevens, Chair, Senators Austerman, Davis, Leman.                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Labor and Commerce Committee                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 25                                                                                            
SENATE CONCURRENT RESOLUTION NO. 25 BY SENATOR                                                      
TAYLOR,                                                                                             
                                                                                                    
            Relating to the public trust for fish and wildlife in                                  
          Alaska.                                                                                   
                                                                                                    
was read the first time and referred to the Judiciary and Resources                                 
Committees.                                                                                         
                                                                                                    

2002-02-08                     Senate Journal                      Page 2137
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 284                                                                                            
SENATE BILL NO. 284 BY SENATOR ELLIS, entitled:                                                     
                                                                                                    
          "An Act changing the date of repeal of a provision                                        
          authorizing an exemption from and deferral of                                             
          municipal property taxes on certain types of                                              
          deteriorated property; and providing for an effective                                     
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
SB 285                                                                                            
SENATE BILL NO. 285 BY SENATOR ELTON, entitled:                                                     
                                                                                                    
          "An Act relating to violations of domestic violence                                       
          protective orders."                                                                       
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
SB 286                                                                                            
SENATE BILL NO. 286 BY SENATOR ELTON, entitled:                                                     
                                                                                                    
          "An Act prohibiting discrimination in insurance rates                                     
          based on credit rating or credit scoring; and providing                                   
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Transportation and Labor                                
and Commerce Committees.                                                                            
                                                                                                    
SB 287                                                                                            
SENATE BILL NO. 287 BY SENATORS HOFFMAN, Ellis, Davis,                                              
Elton, Lincoln, Olson, entitled:                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-08                     Senate Journal                      Page 2138
          "An Act relating to the issuance of general obligation                                    
          bonds for the purpose of paying the cost of                                               
          construction and major maintenance for certain                                            
          public school facilities; and providing for an effective                                  
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Taylor moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from morning plane time,                                    
February 13 through afternoon plane time, February 18. Without                                      
objection, Senator Taylor was excused.                                                              
                                                                                                    
Senator Cowdery moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 15. Without objection, Senator                                
Cowdery was excused.                                                                                
                                                                                                    
Senator Kelly moved and asked unanimous consent to be excused                                       
from a call of the Senate on March 6, 7 and 8. Without objection,                                   
Senator Kelly was excused.                                                                          
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate on March 7. Without objection, Senator                                    
Hoffman was excused.                                                                                
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
SCR 25                                                                                            
Senator Taylor, Chair, moved and asked unanimous consent that                                       
Uniform Rule 23 be waived for the Judiciary Committee meeting on                                    
February 15 to hear SENATE CONCURRENT RESOLUTION NO.                                                
25 Relating to the public trust for fish and wildlife in Alaska. Senator                            
Ellis objected.                                                                                     
                                                                                                    
                                                                                                    

2002-02-08                     Senate Journal                      Page 2139
Senator Taylor moved and asked unanimous consent to withdraw his                                    
motion. Without objection, it was so ordered.                                                       
                                                                                                    
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., February 11, 2002. Without                                   
objection, the Senate adjourned at 11:57 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2002                        

2002-02-08                     Senate Journal                      Page 2140
                                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 09        Saturday                  Senate Finance 532            9:00 AM                     
+             -- Time and Location Change --                                                        
              Joint w/(H)                                                                           
              Citizens Concerned About Annexation                                                   
              Public Testimony on Homer Annexation                                                  
                                                                                                    
Feb 11        Monday                       Fahrenkamp 203             1:30 PM                     
+             Homer Annexation                                                                      
              <Testimony by Invitation Only>                                                        
                                                                                                    
Feb 12        Tuesday                            Capitol 124          8:00 AM                     
              -- Time and Location Change --                                                        
+             Joint w/(H)                                                                           
              Homer Annexation                                                                      
              <Testimony by Invitation Only>                                                        
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Feb 12        Tuesday                   Senate Finance 532            9:30 AM                     
     SB 243 CHIROPRACTORS: SUNSET/LICENSING                                                         
     SB 244 OPTOMETRISTS: SUNSET AND MISCELLANEOUS                                                  
     SB 257 EXTEND BOARD OF PROFESSIONAL COUNSELORS                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 13        Wednesday                 Senate Finance 532            9:00 AM                     
     HB  96 ACQUIRING JESSE LEE HOME                                                                
     HB  52 COMPACT FOR ADULT OFFENDER SUPERVISION                                                  
              Bills Previously Heard/Scheduled                                                      

2002-02-08                     Senate Journal                      Page 2141
                             FINANCE (Continued)                                                 
                                                                                                    
Feb 14        Thursday                  Senate Finance 532            9:30 AM                     
              Senate Bill:                                                                          
              SUPPLEMENTAL BUDGET                                                                   
              <Pending Introduction and Referral>                                                   
              Supplemental Budget Overview                                                          
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 11        Monday                          Butrovich 205           1:30 PM                     
+ SB 250 SCHOOL PERFORMANCE REPORTS                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Feb 13        Wednesday                       Butrovich 205           1:30 PM                     
+ SB 256 CERTIFICATE OF NEED PROGRAM                                                                
+             Report: American Institute for Full                                                   
              Employment/Welfare Reform                                                             
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
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 12        Tuesday                               Beltz 211         1:30 PM                     
+ SB 263 REAL PROPERTY CONVEYANCES                                                                  
+ SB 274 PHYSICIANS' LOCUM TENENS PERMITS                                                           
                                                                                                    

2002-02-08                     Senate Journal                      Page 2142
                         LABOR & COMMERCE (Continued)                                            
                                                                                                    
Feb 14        Thursday                              Beltz 211         1:30 PM                     
+ SB 270 BOARD OF DISPENSING OPTICIANS                                                              
+ SB 252 EMPLOYMENT AND TRAINING PROGRAM/BOARD                                                      
+ SB 266 FISHERY ENHANCEMENT LOANS                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Feb 08        Friday                          Butrovich 205           3:30 PM                     
+ SB 140 SMALL WATER-POWER DEVELOPMENT PROJECTS                                                     
+ SB 255 LAND EXCHANGES: GOLD CORD DEVELOPMENT                                                      
                                                                                                    
Feb 11        Monday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
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                                                     
                                                                                                    
Feb 15        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                    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                                                        
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-08                     Senate Journal                      Page 2143
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 12        Tuesday                               Beltz 211         3:30 PM                     
     SB 267 ALASKA VETERANS' MEM.ENDOWMENT FUND                                                     
     SB 268 GUARANTEED REVENUE BONDS FOR VETERANS                                                   
= SB 236 HOMELAND SECURITY APPROPRIATIONS                                                           
= SB 238 SECURITY OF FACILITIES AND SYSTEMS                                                         
= SB 240 TERRORISTIC THREATENING/PIPELINE DAMAGE                                                    
= SJR 31 TAX EXEMPT BONDS TO FUND VETERANS LOANS                                                    
                                                                                                    
Feb 14        Thursday                              Beltz 211         3:30 PM                     
= SCR 22 SOBRIETY AWARENESS MONTH                                                                   
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Feb 12        Tuesday                         Butrovich 205           1:30 PM                     
     SB 226 HIGHWAY DESIGN & CONSTRUCTION                                                           
     SB 206 DISABLED PARKING AND REGISTRATION PLATES                                                
     SB 222 REQUIRE SLOW DRIVERS TO PULL OVER                                                       
                                                                                                    
Feb 14        Thursday                        Butrovich 205           1:30 PM                     
     HB  68 IMMUNITY: CABBIE DRIVING DRUNK'S CAR HOME                                               
     SB 265 PHYSICIAN ASSISTANTS/NURSE PRACTITIONERS                                                
     SB 260 HISTORIC/ANTIQUE MOTOR VEHICLES                                                         
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                                                                                                    
Feb 12        Tuesday                      Terry Miller 104         11:00 AM                      
              Update on Child Care Issues:Yvonne Chase                                              
              Deputy Commissioner,                                                                  
              Dept of Education and Early Development                                               
              Committee Schedule and Future Topics                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-08                     Senate Journal                      Page 2144
                                                                                                    
                               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                                                 
                                                                                                    
Feb 15        Friday                          Butrovich 205           3:30 PM                     
              Introduction of draft resolution                                                      
              in support of                                                                         
              producers' federal enabling legislation                                               
              Karol Lyn Newman, JCNGP attorney:                                                     
              Federal Energy Regulatory Commission                                                  
              Issues- Upstream Access, Jurisdiction                                                 
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Feb 12        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Alaska Women's Resource Center:                                                       
              Stepping Stones Program                                                               
                   ----------------------------------------                                        
                                                                                                    
                                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