Legislature(1999 - 2000)
2000-01-13 Senate Journal
Full Journal pdf2000-01-13 Senate Journal Page 1957 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Fourth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:06 a.m. The roll showed nineteen members present. Senator Halford was absent. The prayer was offered by the Chaplain, The Reverend Dr. Robert D. Nicholson, of Chapel by the Lake. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Let us pray. O Thou in Whose image we are each created, we pause to ask: In the brokenness of our world, Your healing presence; In confusion and conflicts, a sense of Your wisdom; In our apathy, a compassion; In our hunger, bread; In our despair, a hope. Knit us together as a working community, clothe us with the gifts of Your love and peace and let us rejoice in the calling that is before us to lead the people of Alaska into the 21st Century, following the One Who was Himself a Pioneer of our Faith. Amen. Senator Leman led the Senate in the Pledge of Allegiance. 1957 2000-01-13 Senate Journal Page 1958 Certification Senator Mackie moved and asked unanimous consent that the journal for the third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SB 101 Message dated January 12 was read, stating: The House has rescinded its action in adopting: CONFERENCE CS FOR SENATE BILL NO. 101(2d CC) An Act relating to disasters and to the disaster relief fund. The Speaker appointed the following members to a 3d Conference Committee to meet with the like committee from the Senate: Representative Porter Representative Mulder Representative Berkowitz Message dated January 13 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Legislature at 11:00 a.m. on Wednesday, March 8, 2000 for the purpose of hearing the State of the Judiciary message from Chief Justice Warren Matthews. Senator Mackie moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. 2000-01-13 Senate Journal Page 1959 Communications The following report is on file in the Office of the Secretary of the Senate: State of Alaska Comprehensive Annual Financial Report, Fiscal Year ended June 30, 1999 from Department of Administration, Division of Finance in accordance with AS 37.05.210 Available at: www.state.ak.us/local/akpages/ADMIN/dof/akfin.htm The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: The Unabridged 1999 Annual Report of the Legislative Budget and Audit Committee The Condensed 1999 Annual Report of the Legislative Budget and Audit Committee President Pearce referred the following Budget and Audit Report, read January 12 (page 1948), to the Health, Education and Social Services Committee: Department of Administration, Alaska Commission on Aging, September 17, 1999 (Sunset) The presence of Senator Halford was noted. Standing Committee Reports SB 162 The Rules Committee considered SENATE BILL NO. 162 An Act relating to the rule against perpetuities, nonvested property interests, and powers of appointment; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Leman, Pearce. Signing under other recommendations: Senators Ellis, Miller. 2000-01-13 Senate Journal Page 1960 SB 162 Zero fiscal note published today from Department of Law. The bill is on todays calendar. Introduction and Reference of Senate Bills SB 190 SENATE BILL NO. 190 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act making and amending appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. was read the first time and referred to the Finance Committee. Governors transmittal letter dated January 12: Dear President Pearce: I call the Fiscal Year 2001 operating budget I am transmitting today The Childrens Budget. It would continue the progress were beginning to achieve with Smart Start: to reach zero tolerance for child abuse and neglect; to place children in loving foster families and permanent homes; and to ensure childrens good health. It would continue our progress in welfare reform with adequate day care so parents dont have to choose between earning a living and having their children cared for safely. It would strengthen our Quality Schools initiatives and our University to help prepare our children for good jobs here in Alaska. 2000-01-13 Senate Journal Page 1961 SB 190 This budget proposes an increase of $98 million from last years budget - two-thirds of that for programs directly benefiting children and for education. Some have asked if it's responsible to propose a general fund budget increase when we continue to face a fiscal gap. My answer: definitely. First, because investments to protect children and improve education will help build strong families and save money tomorrow in reduced costs for welfare, crime, health care and prisons. Second, because I am also proposing that we address the revenue side of a balanced budget plan this session. We must make the tough decisions necessary to offset the oil revenue decline we all knew would happen by raising other appropriate revenues. There is no question that failure to act on a balanced budget plan until the last dollar of savings is spent will damage our economy and threaten our childrens future. Even with my proposed Childrens Budget investments, Alaska would spend $1,647 less per person in today's general fund dollars than in Fiscal 1979 - the year before the pipeline boom began. We would still have a budget thats $134 million less than the one I inherited five years ago. I stand ready to work with you to make responsible choices for our childrens sake. Sincerely, /s/ Tony Knowles Governor SB 191 SENATE BILL NO. 191 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. 2000-01-13 Senate Journal Page 1962 SB 191 was read the first time and referred to the Health, Education and Social Services and Finance Committees. Governors transmittal letter dated January 12: Dear President Pearce: I am today transmitting to you a separate FY2001 appropriations bill for the states comprehensive mental health program. As required by statute, it includes both operating and capital appropriations and is accompanied by a report outlining the differences between my proposed budget and the recommendations of the Alaska Mental Health Authority. Alaska continues to make considerable progress in serving beneficiaries of the mental health settlement and emphasizing community based services. This budget proposal continues that progress with careful investments of Trust Authority receipts, general funds and Alaska Housing Finance Corporation receipts for housing- related capital projects. The bill represents a cooperative effort between several departments in my Administration and the Trustees and staff of the Alaska Mental Health Trust Authority. We look forward to working with the Legislature in evaluating and implementing this budget proposal for mental health services for the Trusts beneficiaries. Sincerely, /s/ Tony Knowles Governor Attachment In Accordance with AS 37.14.003(b) a report of the differences between the Governors proposed budget and the recommendations of the Alaska Mental Health Trust Authority was attached. 2000-01-13 Senate Journal Page 1963 SB 192 SENATE BILL NO. 192 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act making and amending capital appropriations and reappropriations and capitalizing funds; and providing for an effective date. was read the first time and referred to the Finance Committee. Governors transmittal letter dated January 12: Dear President Pearce: I am transmitting to you today my proposed capital budget for FY2001. Together with two bond authorization proposals for schools and transportation which you will receive separately, it represents a solid investment to meet the most critical needs for Alaskas economic development and basic public services such as education, transportation and public protection. We all know that a single years budget cannot handle the sheer magnitude of whats needed to repair all our aging state facilities and bring all our transportation and technology systems up to current standards. This year, I believe we should focus our most extensive efforts in the areas of education and transportation because we have time-sensitive obligations and opportunities to clear the enormous backlogs there. Nevertheless, we cannot ignore needs in other areas such as critical deferred maintenance projects, new computer systems required by the federal government, water and sewer systems, and safety equipment for child protection and public safety personnel. This budget makes necessary investments in these basic areas as well as some strategic economic development projects. This $936 million capital appropriations bill includes $101.6 million in general funds and $706.4 million in federal funds. AHFC capital funds remain at $52 million and the $18.5 million AIDEA dividend is again recommended principally for the community capital matching grants program. 2000-01-13 Senate Journal Page 1964 SB 192 I look forward to working with you to put together a responsible capital budget for the first year of the new millennium. Sincerely, /s/ Tony Knowles Governor Consideration of the Calendar Second Reading of Senate Bills SB 162 SENATE BILL NO. 162 An Act relating to the rule against perpetuities, nonvested property interests, and powers of appointment; and providing for an effective date was read the second time. Senator Taylor, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 1425. Without objection, CS FOR SENATE BILL NO. 162(JUD) was adopted and read the second time. Senator Mackie 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. 162(JUD) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 162(JUD) An Act relating to the rule against perpetuities, nonvested property interests, and powers of appointment; and providing for an effective date pass the Senate? The roll was taken with the following result: 2000-01-13 Senate Journal Page 1965 SB 162 CSSB 162(JUD) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Absent: Adams and so, CS FOR SENATE BILL NO. 162(JUD) passed the Senate. Senator Mackie 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 - Deborah Whitethorn Representative(s) Bunde Senator(s) Parnell, Lincoln, Wilken, Leman, Hoffman, Pearce, Green, Mackie, Taylor, Tim Kelly, Pete Kelly, Donley Honoring - Mary Alice Donaldson Representative(s) Bunde Senator(s) Parnell, Lincoln, Wilken, Leman, Hoffman, Pearce, Green, Mackie, Taylor, Tim Kelly, Pete Kelly, Donley Honoring - Doctors John and Elizabeth Tower Representative(s) Bunde Senator(s) Parnell, Halford, Lincoln, Wilken, Leman, Hoffman, Pearce, Green, Mackie, Taylor, Tim Kelly, Pete Kelly, Donley, Phillips 2000-01-13 Senate Journal Page 1966 Honoring - William Thomas (Tom) Maher Representative(s) Phillips Senator(s) Torgerson, Halford, Miller, Lincoln, Adams, Wilken, Leman, Hoffman, Pearce, Green, Mackie, Taylor, Tim Kelly, Pete Kelly, Donley, Parnell In Memoriam - Miriam E. Carlson Representative(s) Murkowski, Bunde Senator(s) Leman, Lincoln, Wilken, Hoffman, Pearce, Green, Mackie, Taylor, Tim Kelly, Pete Kelly, Donley, Parnell, Halford Senator Mackie moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business HB 85 President Pearce added a Judiciary Committee referral to CS FOR HOUSE BILL NO. 85(FIN) am An Act relating to licensure and professional discipline of members of the teaching profession and providing for related penalties; relating to grounds for dismissal of a teacher; relating to the Professional Teaching Practices Commission; relating to limited immunity for procedures under the Educator Ethics Act; making conforming amendments; and providing for an effective date. The bill was referred to the Health, Education and Social Services Committee, then Judiciary Committee. Senator Donley moved and asked unanimous consent that he be excused from a call of the Senate on January 14. Without objection, Senator Donley was excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on January 28 and February 1 and 2. Without objection, Senator Lincoln was excused. 2000-01-13 Senate Journal Page 1967 Senator Halford moved and asked unanimous consent that he be excused from a call of the Senate on February 1 and 2. Without objection, Senator Halford was excused. Announcements Announcements are at the end of the journal. Engrossment SB 162 CS FOR SENATE BILL NO. 162(JUD) An Act relating to the rule against perpetuities, nonvested property interests, and powers of appointment; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 14, 2000. Without objection, the Senate adjourned at 11:39 a.m. Heidi Vogel Secretary of the Senate January 2000 2000-01-13 Senate Journal Page 1968 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. SENATE STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled * indicates first hearing in first committee of referral COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP 203 Jan 17 Monday 1:30 PM No Meeting Scheduled Jan 19 Wednesday 1:30 PM No Meeting Scheduled Jan 21 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Jan 13 Thursday 9:00 AM Overview of Governors Proposed FY01 Operating Budget David Teal, Director, Legislative Finance Jan 14 Friday 9:00 AM -- Meeting Cancelled -- Budget work session Topic to be announced Jan 17 Monday 9:00 AM No Meeting Scheduled 2000-01-13 Senate Journal Page 1969 FINANCE Jan 18 Tuesday 9:00 AM Cost of Y2K readiness-HB 64 Appropriation Legislature, University, Courts, Admin Jan 19 Wednesday 9:00 AM No Meeting Scheduled Jan 20 Thursday 8:30 AM Capital Markets Outlook 2000 Alaska Permanent Fund Corp Presentation In Senate Finance-joint w/House Finance Jan 21 Friday 9:00 AM = SB 1NO MANDATORY PAROLE RELEASE WITHOUT GED = SB 85CREDITED SERVICE FOR TEMP EMPLOYEES:PERS = SB 123PUBLIC INTEREST LITIGANT: FEES ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Jan 17 Monday 1:30 PM Meeting Cancelled Jan 19 Wednesday 1:30 PM Meeting Cancelled Jan 24 Monday 1:30 PM HB 226CREDITED SERVICE FOR ON-THE-JOB INJURIES +* SB 186COLLEGE TUITION SAVINGS PLAN Jan 26 Wednesday 1:30 PM = HB 37SMOKING CESSATION AND EDUCATION PROGRAMS Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY BELTZ 211 Jan 19 Wednesday 1:30 PM +* SJR 27CONST. AM: REVISIONS OF CONSTITUTION += SJR 28CONST AM: APPROPRIATION LIMIT +* SJR 29DURATION OF REGULAR LEGISLATIVE SESSION + Bills Previously Heard/Scheduled 2000-01-13 Senate Journal Page 1970 JUDICIARY Jan 21 Friday 1:30 PM + HB 45INITIATIVE/REFERENDUM PETITIONS + HJR 7CONST AM: INITIATIVE/REFERENDUM PETITIONS + HB 3DRUGS: POSSESSION OF LISTED CHEMICALS + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Jan 13 Thursday 1:30 PM * SB 176SEX DISCRIMINATION IN HEALTH CLUBS Jan 18 Tuesday 1:30 PM * SB 177INSURANCE TRADE PRACTICES & ACTS Bills Previously Heard/Scheduled Jan 20 Thursday 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES BUTROVICH 205 Jan 17 Monday 3:00 PM No Meeting Scheduled Jan 19 Wednesday 3:00 PM No Meeting Scheduled Jan 21 Friday 3:00 PM Status Report: Katie John Case/Fed Reserve Water Rights ---------------------------------------- STATE AFFAIRS BELTZ 211 Jan 18 Tuesday 3:30 PM No Meeting Scheduled Jan 20 Thursday 3:30 PM No Meeting Scheduled ---------------------------------------- 2000-01-13 Senate Journal Page 1971 TRANSPORTATION BUTROVICH 205 Jan 18 Tuesday 1:30 PM No Meeting Scheduled Jan 20 Thursday 1:30 PM No Meeting Scheduled FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 532 Jan 20 Thursday 1:30 PM Department of Administration FY00 Budget ---------------------------------------- CORRECTIONS SENATE FINANCE 532 Jan 19 Wednesday 2:30 PM Current Corrections FY00 budget overview from Department; Consideration of Privatization Commission recommendations: 1)Transfer CIs to DCED and privatize all contracts 2)Privatize SOTP 3)Re-evaluate education programs, transfer to private sector 4)a)IHS hospital inpatient care b)Privatize outpatient services 5) Move non-violent prisoners to intermediate facilities, privatize provision of services, employ prisoners for skills/reparations 6)Centralize purchasing functions 7)Privatize fine/collection activities and service of restraining orders/warrants 8)Privatize vehicle acquisition/maintenance 9)Privatize IT 10)Charge weekly fee to probationers/parolees and privatize fee collection 11)Utilize private industry standards for purchase/repair of equipment 12)Mt. McKinley Meats Privatization Proposal (submitted by Dept of Corrections) ---------------------------------------- 2000-01-13 Senate Journal Page 1972 FINANCE SUBCOMMITTEES EDUCATION & EARLY DEVELOPMENT SENATE FINANCE 532 Jan 24 Monday 3:30 PM Department of Education FY00 Budget ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 532 Jan 20 Thursday 4:00 PM Agenda to be announced ---------------------------------------- REVENUE SENATE FINANCE 532 Jan 13 Thursday 1:30 PM Privatization of Child Support Enforcement Functions JOINT COMMITTEES CONFERENCE COMMITTEE ON SB 101 BELTZ 211 Jan 19 Wednesday 9:00 AM = SB 101DISASTERS: DEFINITION & FUND ---------------------------------------- ADMINISTRATIVE REGULATION REVIEW BUTROVICH 205 Jan 25 Tuesday 1:30 PM + Department of Natural Resources Repeal of RS 2477 Rights-of-way easement certifications, Easement Regulations ---------------------------------------- LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 Jan 14 Friday 8:00 AM Audit Reports, RPLs, Denali Commission ---------------------------------------- 2000-01-13 Senate Journal Page 1973 LEGISLATIVE COUNCIL BUTROVICH 205 Jan 20 Thursday 12 NOON Tentative Draft Agenda: Approval of Minutes, Audit Report, Late Per Diem Request, Sexual Harassment Policy, Lawsuit Updates ---------------------------------------- SPECIAL COMMITTEE ON MERGERS SENATE FINANCE 532 Jan 18 Tuesday 1:00 PM Presentation by committee staff and hired consultants Jan 19 Wednesday 10:30 AM Presentation by BP Exploration Jan 19 Wednesday 1:00 PM Presentation by Administration OTHER MEETINGS MAJORITY CAUCUS BUTROVICH 205 Jan 13 Thursday 12 NOON