Legislature(2001 - 2002)
2002-03-13 Senate Journal
Full Journal pdf2002-03-13 Senate Journal Page 2411 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday March 13, 2002 Fifty-ninth Day Pursuant to adjournment the Senate was called to order by President Halford at 2:16 p.m. The roll showed eighteen members present. Senator Lincoln was excused from a call of the Senate. Senator Kelly was absent. The prayer was offered by the Chaplain, Reverend Kathleen Wakefield of the Holy Trinity Episcopal Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. I weave a silence on my lips, I weave a silence into my mind, I weave a silence within my heart. I close my ears to distractions, I close my eyes to attentions, I close my heart to temptations. Calm me, O Lord, as You stilled the storm, Still me, O Lord, keep me from harm. Let all the tumult within me cease, Enfold me Lord in Your peace. (traditional Celtic prayer) Senator Phillips led the Senate in the Pledge of Allegiance. 2002-03-13 Senate Journal Page 2412 Certification Senator Leman moved and asked unanimous consent that the journals for the fifty-second through fifty-eighth legislative days, Senate Journal Supplement No. 7 and Senate and House Joint Journal Supplement No. 14 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor HB 320 Message dated and received March 7 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 320 am "An Act relating to the use of electronic balloting equipment." Chapter 6, SLA 2002 Effective Date: 06/05/02 Letter dated March 6 and received March 7 was read, stating in accordance with Article III, Section 19 of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: Alaska Air National Guard - Brigadier General Colonel Jim Robinson - Fort Richardson Colonel Tim Scott - Eielson Air Force Base Colonel Gene Ramsay - Kulis ANG Base Space and Missile Defense - Brigadier General Colonel Jim Welch - Anchorage The appointments were referred to the State Affairs Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. 2002-03-13 Senate Journal Page 2413 Letter dated March 11 and received March 13 was read, stating in accordance with AS 39.05.080, I submit the following names for legislative confirmation of appointment to the boards noted: Board of Nursing Barbara Berner Appointed 06/02/98 Reappointed: 03/08/02 Expires: 03/01/06 Board of Pharmacy Margaret Soden Appointed: 12/11/98 Reappointed: 03/08/02 Expires: 03/01/06 The appointments were referred to the Health, Education and Social Services Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. Messages from the House Message dated March 6 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 262 HOUSE BILL NO. 262 BY THE HOUSE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: "An Act relating to accounting for and appropriations of receipts from fees collected by the Department of Labor and Workforce Development for certain inspections and for certain plumbing and electrical worker certificates of fitness; establishing a building safety account; and providing for an effective date." 2002-03-13 Senate Journal Page 2414 was read the first time and referred to the Labor and Commerce, State Affairs, and Finance Committees. HB 439 CS FOR HOUSE BILL NO. 439(RES)(title am) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act removing provisions providing an opportunity to petition for review of proposed or final consistency determinations under the Alaska coastal zone management program; and limiting the authority of the Alaska Coastal Policy Council to order a coastal resource district or a state agency to take action with respect to a proposed or final consistency determination." was read the first time and referred to the Finance Committee. Standing Committee Reports Reports dated March 6 were read, stating: In accordance with AS 39.05.080, the Senate Judiciary Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Board of Governors of the Alaska Bar William A. Granger - Anchorage Commission on Judicial Conduct Jeffrey M. Feldman - Anchorage Violent Crimes Compensation Board Leslie D. Bogda Wheeler - Wasilla There were no stated objections to the named individuals. However, this does not reflect an intent by any of the members to vote for or against the appointments during any further sessions. 2002-03-13 Senate Journal Page 2415 Signing the reports: Senator Taylor, Chair, Senators Cowdery, Therriault. SB 279 The Resources Committee considered SENATE BILL NO. 279 "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" and recommended it be replaced with CS FOR SENATE BILL NO. 279(RES) Signing do pass: Senator Torgerson, Chair, Senators Taylor, Stevens, Wilken, Elton. Signing amend: Senator Lincoln. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Fish and Game The bill was referred to the Finance Committee. SB 342 The Health, Education and Social Services Committee considered SENATE BILL NO. 342 "An Act relating to the long term care ombudsman" and recommended it be replaced with CS FOR SENATE BILL NO. 342(HES) Signing do pass: Senator Green, Chair, Senators Wilken, Leman, Davis, Ward. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Administration The bill was referred to the Finance Committee. 2002-03-13 Senate Journal Page 2416 HB 263 The Resources Committee considered CS FOR HOUSE BILL NO. 263(RES) "An Act relating to water quality standards applicable to flow-through hot springs." Signing do pass: Senator Torgerson, Chair, Senators Taylor, Stevens, Wilken, Lincoln. Signing no recommendation: Senator Elton. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Environmental Conservation The bill was referred to the Rules Committee. SB 343 The Rules Committee considered SENATE BILL NO. 343 "An Act clarifying the term 'best technology' required for use in oil discharge prevention and contingency plans; affirming existing Department of Environmental Conservation regulations defining 'best technology' and oil discharge prevention and contingency plans approved using those regulations; and providing for an effective date." Signing to calendar: Senator Phillips, Chair, Senators Halford, Cowdery, Therriault. The bill is on today's calendar. Introduction and Reference of Senate Bills SB 348 SENATE BILL NO. 348 BY THE SENATE TRANSPORTATION COMMITTEE, entitled: "An Act relating to insurance for and work on certain motor vehicle repairs; and providing for an effective date." was read the first time and referred to the Transportation and Labor and Commerce Committees. 2002-03-13 Senate Journal Page 2417 Consideration of the Calendar Second Reading of Senate Bills SB 343 SENATE BILL NO. 343 "An Act clarifying the term 'best technology' required for use in oil discharge prevention and contingency plans; affirming existing Department of Environmental Conservation regulations defining 'best technology' and oil discharge prevention and contingency plans approved using those regulations; and providing for an effective date" was read the second time. Senator Torgerson, Chair, moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 2386. Without objection, CS FOR SENATE BILL NO. 343(RES) was adopted and read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 343(RES) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 343(RES) "An Act clarifying the term 'best technology' required for use in oil discharge prevention and contingency plans; affirming existing Department of Environmental Conservation regulations defining 'best technology' and oil discharge prevention and contingency plans approved using those regulations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 343(RES) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Elton, Green, Halford, Hoffman, Leman, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken 2002-03-13 Senate Journal Page 2418 Nays: Ellis Excused: Lincoln Absent: Kelly and so, CS FOR SENATE BILL NO. 343(RES) passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - University of Alaska Anchorage School of Nursing Senator(s) Leman, Ward, Halford, Kelly, Austerman, Davis, Green, Taylor, Lincoln, Elton, Wilken, Hoffman, Donley, Ellis, Stevens, Olson Representative(s) Porter 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 Phillips moved and asked unanimous consent to be excused from a call of the Senate from March 15 through evening plane time, March 21. Without objection, Senator Phillips was excused. Senators Cowdery, Ward, Taylor moved and asked unanimous consent to be excused from a call of the Senate on March 15. Without objection, Senators Cowdery, Ward, Taylor were excused. Senator Leman moved and asked unanimous consent that President Halford be excused from a call of the Senate on March 15. Without objection, President Halford was excused. 2002-03-13 Senate Journal Page 2419 SB 180 President Halford added a Finance Committee referral to SENATE BILL NO. 180 "An Act implementing pay differentials based on geographic areas for certain state employees and for members of the Alaska State Defense Force; and providing for an effective date." The bill was returned to the Finance Committee. Reconsideration of Senate Bills SB 11 Senator Davis requested that the reconsideration on CS FOR SENATE BILL NO. 11(FIN) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 11(FIN) "An Act relating to required school attendance; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 11(FIN) Third Reading - On Reconsideration Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Lincoln Absent: Kelly and so, CS FOR SENATE BILL NO. 11 (FIN) passed the Senate on reconsideration. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 2002-03-13 Senate Journal Page 2420 Announcements Announcements are at the end of the journal. Engrossment SB 11 CS FOR SENATE BILL NO. 11(FIN) "An Act relating to required school attendance; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 343 CS FOR SENATE BILL NO. 343(RES) "An Act clarifying the term 'best technology' required for use in oil discharge prevention and contingency plans; affirming existing Department of Environmental Conservation regulations defining 'best technology' and oil discharge prevention and contingency plans approved using those regulations; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 15, 2002. Without objection, the Senate adjourned at 2:54 p.m. Heidi Vogel Secretary of the Senate March 2002 2002-03-13 Senate Journal Page 2421 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 Mar 13 Wednesday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 15 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 14 Thursday Senate Finance 532 9:30 AM = SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK SB 347 ALCOHOLIC BEVERAGE TAX = SB 180 STATE EMPLOYEE PAY DIFFERENTIALS Bills Previously Heard/Scheduled --Teleconference upon request-- Mar 15 Friday Senate Finance 532 9:00 AM + SB 339 INCREASE CRIMINAL FINES += SB 185 PCE BASED ON HIGHEST COST (Subcommittee to take testimony) + HB 4 MOTOR VEHICLES & DRUNK DRIVING (Agency Testimony) + Bills Previously Heard/Scheduled ---------------------------------------- 2002-03-13 Senate Journal Page 2422 HEALTH, EDUCATION & SOCIAL SERVICES Mar 13 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 15 Friday Butrovich 205 1:30 PM SB 346 SCHOOL DISTRICT CORRESPONDENCE STUDY SB 264 MUNICIPAL BOND REIMBURSEMENT SB 345 SCHOOL SERVICES FOR DISABLED STUDENTS Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 13 Wednesday Beltz 211 1:30 PM No Meeting Scheduled Mar 15 Friday Beltz 211 1:30 PM += SB 204 WILDFIRES AND NATURAL DISASTERS + SB 324 PUBLIC UTILITIES EXEMPT FROM REGULATION + SB 344 TERRORISM AGGRAVATING FACTOR ---------------------------------------- LABOR & COMMERCE Mar 14 Thursday Beltz 211 1:30 PM + SB 220 SCOPE OF PRACTICE OF HAIRDRESSING + SB 283 REGULATION OF NURSING + HB 276 REGULATION OF NURSING + SB 265 PHYSICIAN ASSISTANTS/NURSE PRACTITIONERS + HB 274 WORKERS' COMP: HEARING/MEDICAL EXAM Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 13 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled Mar 15 Friday Butrovich 205 3:30 PM SB 205 CONTROL OF NUISANCE WILD ANIMALS SB 326 WASTEWATER DISCHARGE PROGRAM Bills Previously Heard/Scheduled ---------------------------------------- 2002-03-13 Senate Journal Page 2423 RULES Mar 13 Wednesday Fahrenkamp 203 11:00 AM SB 222 REQUIRE SLOW DRIVERS TO PULL OVER SB 331 DISTRICT COURT JURISDICTIONAL AMOUNT SB 343 BEST AVAILABLE TECHNOLOGY:DISCHARGE PLAN HJR 37 ALASKA AIRLINES 70TH ANNIVERSARY Mar 14 Thursday Fahrenkamp 203 11:00 AM SB 243 CHIROPRACTORS: SUNSET/LICENSING SJR 41 PAVING ALASKA HIGHWAY ---------------------------------------- STATE AFFAIRS Mar 14 Thursday Beltz 211 3:30 PM SB 318 O.K. TO ASSIGN PFD TO NONPROFIT CORP Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Mar 20 Wednesday Capitol 102 8:30 AM + Regulation Changes for Special (Correspondence) Schools Public Comment ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Mar 18 Monday House Finance 519 12:00 PM ---------------------------------------- NATURAL GAS PIPELINES Mar 13 Wednesday Butrovich 205 3:30 PM Energy Council Report Executive Session regarding Natural Gas Pipeline under Uniform Rule 22(b)(1) ---------------------------------------- 2002-03-13 Senate Journal Page 2424 OMBUDSMAN SELECTION COMMITTEE Mar 14 Thursday Beltz 211 12:00 PM -- Time and Location Change -- ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS Mar 26 Tuesday Butrovich 205 11:00 AM Public Comment Committee Members and Officers Review of State Benefit & Loan Programs Staff Reports, Late Disclosures Advisory Opinion 02-01 ---------------------------------------- OTHER MEETINGS FISH CAUCUS Mar 14 Thursday Butrovich 205 12:00 PM + Understanding Federal Management of AK Subsistence Fisheries