Legislature(2001 - 2002)

2001-01-10 Senate Journal

Full Journal pdf

2001-01-10                     Senate Journal                      Page 0035
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                    Wednesday               January 10, 2001                        
                                                                                                    
                                  Third Day                                                      
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:01 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Therriault was                                    
absent.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, The Reverend William                                        
Elkinton, Elder of the Wesleyan Church. Senator Hoffman moved and                                   
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
          Let us now hear the proclamation of God: "Thou                                            
          shalt love the Lord thy God with all thy heart". This                                     
          is the first and greatest commandment. The second is                                      
          like it and results from it, "Thou shalt love thy                                         
          neighbor as thyself". (Matthew 22:37, 39)                                                 
                                                                                                    
          I thank You for the myriad evidences of Your love.                                        
          Personally, I thank You for the ultimate gift of love,                                    
          Your Eternal Son, who became The Way whereby I                                            
          may come to You. I come now in prayer for these                                           
          Alaskans who serve in the State Senate.                                                   
                                                                                                    
          Yes, there are many issues they will address. I pray                                      
          that, even in times of heated debate, they will                                           
          manifest genuine courtesy. May each senator truly                                         
          love all Alaskans. True love seeks the best for the                                       
          ones loved. They need Divine assistance to identify                                       
          the best, to establish programs to pursue the best, and                                   
          to develop funding sources to realize this lofty goal.                                    
                                                                                                    
                                                                                                    

2001-01-10                     Senate Journal                      Page 0036
          Deliver us from being so intense in our "pursuit of                                       
          happiness" that we are hindered in our walk in the                                        
          "paths of righteousness". Help us come to know                                            
          "Man does not live by bread alone, but by every word                                      
          that proceeds from God". (Matthew 4:4,                                                    
          Deuteronomy 8:3) Moses and the people experienced                                         
          it in the Exodus. Others have come to this knowledge                                      
          in the emptiness felt when their lives are full of stuff,                                 
          but empty of love.                                                                        
                                                                                                    
          So, even as this body seeks to improve the living                                         
          conditions of all Alaskans, may they not lose sight of                                    
          the great reality that there is more to life than                                         
          temporalities. Howard Hughes seems to be a morbid                                         
          example of this truth. I consider Jesus Christ to be the                                  
          glorious example of this truth.                                                           
                                                                                                    
          We are admonished to follow "In His Steps". May we                                        
          receive thy mercy, grace, and strength to fulfill this                                    
          calling. Help us to stay close to You. I pray in the                                      
             Name of Jesus Christ, my Savior and Lord.      Amen.                                  
                                                                                                    
Senator Taylor led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the first and second legislative days be approved as certified by the                           
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-10                     Senate Journal                      Page 0037
Notification of Availability of the Report titled "Changes in the                                   
Distribution of Alaska's Commercial Fisheries Entry Permits, 1975-                                  
1999", and its Executive Summary,                                                                   
from Marlene Johnson, Commissioner, CFEC                                                            
Report available electronically at:                                                                 
www.cfec.state.ak.us/research/mnures.htm                                                            
                                                                                                    
Alaska Permanent Fund Corporation, 2000 Annual Report                                               
from Clark Gruening, Board of Trustees Chair, and                                                   
Robert D. Storer, Executive Director                                                                
in accordance with AS 37.13.170                                                                     
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 2                                                                                             
SENATE JOINT RESOLUTION NO. 2 BY THE SENATE                                                         
RESOURCES COMMITTEE,                                                                                
                                                                                                    
          Relating to opposition to the inclusion of national                                       
          forests in Alaska within President Clinton's Roadless                                     
          Area Conservation rule and supporting the                                                 
          overturning of this inclusion by litigation, by                                           
          congressional action, or by action of President-elect                                     
          Bush.                                                                                     
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 21                                                                                             
SENATE BILL NO. 21 BY SENATOR OLSON, entitled:                                                      
                                                                                                    
          "An Act increasing the maximum civil fine that may                                        
          be imposed by the State Medical Board as a                                                
          disciplinary sanction."                                                                   
                                                                                                    
                                                                                                    

2001-01-10                     Senate Journal                      Page 0038
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 22                                                                                             
SENATE BILL NO. 22 BY SENATORS DAVIS, Ellis, entitled:                                              
                                                                                                    
            "An Act relating to babies who are safely surrendered                                  
          by a parent shortly after birth."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services, Judiciary and Finance Committees.                                                         
                                                                                                    
SB 23                                                                                             
SENATE BILL NO. 23 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
             "An Act extending the termination date of the Board                                   
          of Parole; and providing for an effective date."                                          
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Corrections                                                 
                                                                                                    
Governor's transmittal letter dated January 10:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
I am transmitting this bill extending the termination date of the Board                             
of Parole for five more years, until June 30, 2006. The board would                                 
sunset on June 30, 2001 unless extended by law.                                                     
                                                                                                    
The Board of Parole performs essential functions for the criminal                                   
justice system by reviewing prisoners for possible release on                                       
discretionary parole, setting conditions for the behavior of prisoners                              
released on both mandatory and discretionary parole, and presiding                                  
over parole revocation hearings for those accused of violating their                                
parole conditions. The efforts of the Board of Parole go a long way                                 
toward assisting in the rehabilitation of prisoners by reintegrating them                           
back into society while minimizing the risk to the public.                                          

2001-01-10                     Senate Journal                      Page 0039
I urge your prompt and favorable consideration of this bill.                                        
                                                                                                    
       Sincerely,                                                                                   
       /s/                                                                                          
       Tony Knowles                                                                                 
       Governor                                                                                     
                                                                                                    
SB 24                                                                                             
SENATE BILL NO. 24 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act giving notice of and approving the entry                                          
          into, and the issuance of certificates of participation                                   
          for, a lease-purchase agreement for a seafood and                                         
          food safety laboratory facility; and providing for an                                     
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the State Affairs, Resources, and                           
Finance Committees.                                                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Environmental Conservation                                        
 Fiscal Note No. 2, Department of Revenue                                                           
 Fiscal Note No. 3, Department of Administration                                                    
                                                                                                    
Governor's transmittal letter dated January 10:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
The state's food safety laboratory plays a vital role in protecting the                             
health of Alaskans. It tests finfish, shellfish and dairy products to be                            
certain they're safe for human consumption, certifies private drinking                              
water laboratories, and works with commercial processors in                                         
developing food products.                                                                           
                                                                                                    
The laboratory facility is now outdated and woefully inadequate. In                                 
addition, the current lease will soon expire, requiring the facility to be                          
relocated. The Legislature has recognized the need for replacement                                  
through previous planning and design appropriations. This bill I                                    
transmit today is the next and final step in providing Alaskans with a                              

2001-01-10                     Senate Journal                      Page 0040
worthwhile facility by setting up a bonding structure for its                                       
construction. The proposed method is the issuance of certificates of                                
participation for a lease-purchase agreement.                                                       
                                                                                                    
The anticipated total construction, acquisition, and other costs of the                             
project under the lease-purchase agreement are not to exceed                                        
$13,655,000 and the total anticipated annual amount of the rental                                   
obligation is $1,220,000. The total anticipated lease payments for the                              
full term of the lease-purchase agreement amount to $24,440,000. The                                
state would own the facility at the end of the lease term under the                                 
operation of the Department of Environmental Conservation.                                          
                                                                                                    
In the interest of the public health for Alaskans and consumers of our                              
food, fish and dairy products as well as the economic health of these                               
industries, I urge your prompt and favorable action on this measure.                                
                                                                                                    
       Sincerely,                                                                                   
       /s/                                                                                          
       Tony Knowles                                                                                 
       Governor                                                                                     
                                                                                                    
SB 25                                                                                             
SENATE BILL NO. 25 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to the Interstate Compact for Adult                                      
          Offender Supervision and the State Council for                                            
          Interstate Adult Offender Supervision; amending                                           
          Rules 4 and 24, Alaska Rules of Civil Procedure; and                                      
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Corrections                                                       
                                                                                                    
Governor's transmittal letter dated January 10:                                                     
                                                                                                    
                                                                                                    

2001-01-10                     Senate Journal                      Page 0041
Dear President Halford:                                                                             
                                                                                                    
With this bill I transmit today, Alaska has the opportunity to increase                             
supervision of criminal offenders who travel across state lines, thereby                            
contributing to the growing national interest in protecting victims'                                
rights. This bill allows Alaska to participate in the Interstate Compact                            
for Adult Offender Supervision, joining other states in replacing the                               
now-outdated Interstate Compact on Probation and Parole.                                            
                                                                                                    
The current compact was enacted in 1937 and can no longer                                           
adequately deal with the more than four million offenders on probation                              
and parole, 250,000 of which will cross state lines this year. The                                  
proposed new compact provides for an interstate commission to                                       
coordinate the transfer and supervision of probationers and parolees                                
between states, as well as enforcement mechanisms for states who fail                               
to abide by the rules of the compact.                                                               
                                                                                                    
A state council would also be created to exercise oversight and                                     
advocacy concerning the state's participation in the Interstate                                     
Commission as well as to make recommendations to the legislature to                                 
facilitate the operations and procedures of the compact within the                                  
state.                                                                                              
                                                                                                    
I urge your prompt and favorable consideration of this bill.                                        
                                                                                                    
       Sincerely,                                                                                   
       /s/                                                                                          
       Tony Knowles                                                                                 
       Governor                                                                                     
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Hazel and Bruce Arndt, 50th Wedding Anniversary                                          
Senator(s) Phillips, Halford, Pearce, Green, Kelly, Taylor, Ward,                                   
Lincoln, Wilken, Leman, Davis, Austerman, Donley, Elton                                             
                                                                                                    
                                                                                                    

2001-01-10                     Senate Journal                      Page 0042
In Memoriam - Joseph Bond Whitmore                                                                  
Senator(s) Phillips, Halford, Pearce, Green, Kelly, Taylor, Ward,                                   
Lincoln, Wilken, Davis, Austerman, Donley, Elton                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the citations                                  
be adopted. Without objection, the citations were adopted and referred                              
to the Secretary for transmittal.                                                                   
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Pearce, Rules Committee Chair, introduced the 2001 Chamber                                  
Staff as follows:                                                                                   
                                                                                                    
 Sergeant at Arms                                                                                 
 Christian Blalock                                                                                  
                                                                                                    
 Assistant Sergeant at Arms                                                                       
 Angela Robinson                                                                                    
                                                                                                    
 Senate Pages                                                                                     
 Grace Dushkin                                                                                      
 Geraldine McIntosh                                                                                 
 Sophia Morgan                                                                                      
 Wendy Whitaker                                                                                     
 Jason Grenn                                                                                        
 Susannah Minatra                                                                                   
 Gregory Burden, Jr.                                                                                
                                                                                                    
Senator Taylor moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from plane time, January 11                                 
through January 14; from January 17 through plane time, January 19;                                 
and January 27 and 28. Without objection, Senator Taylor was                                        
excused.                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-10                     Senate Journal                      Page 0043
SB 1                                                                                              
Senator Davis moved and asked unanimous consent to be shown as a                                    
cosponsor on SENATE BILL NO. 1 "An Act relating to the base                                         
student allocation used in the formula for state funding of public                                  
education; and providing for an effective date." Without objection, it                              
was so ordered.                                                                                     
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to the Joint Session. Without objection, the Senate                                 
recessed at 11:16 a.m.                                                                              
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
                          Joint Session in the House                                             
                                                                                                    
Speaker Porter called the House to order and in accordance with                                     
Uniform Rule 51 turned the gavel over to President Halford, who                                     
called the Joint Session to order at 6:56 p.m.                                                      
                                                                                                    
The purpose of the Joint Session was to hear the Honorable Tony                                     
Knowles, Governor, deliver his combined State of the State and State                                
of the Budget address.                                                                              
                                                                                                    
Senator Leman moved and asked unanimous consent that the roll call                                  
of the Senate be waived and all members be shown as present.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call of the House be waived and all members be shown as present.                               
Without objection, it was so ordered.                                                               
                                                                                                    

2001-01-10                     Senate Journal                      Page 0044
President Halford introduced the First Lady Susan Knowles and the                                   
Knowles children: Devon, Luke and Sara.                                                             
                                                                                                    
President Halford appointed Senator Leman and Representative                                        
Berkowitz to escort Governor Knowles to the Joint Session.                                          
                                                                                                    
President Halford introduced the Governor's new Cabinet members:                                    
                                                                                                    
          Commissioner designee Pat Pourchot                                                        
          Department of Natural Resources                                                           
                                                                                                    
          Commissioner designee Jim Duncan                                                          
          Department of Administration                                                              
                                                                                                    
          Commissioner Shirley Holloway                                                             
          Department of Education and Early Development                                             
                                                                                                    
          Commissioner designee Glenn Godfrey                                                       
          Department of Public Safety                                                               
                                                                                                    
The House Sergeant at Arms, Sean Riley, announced the Governor's                                    
entrance to the House Chamber.                                                                      
                                                                                                    
The Honorable Tony Knowles was escorted to the rostrum and                                          
introduced by President Halford.                                                                    
                                                                                                    
Governor Knowles delivered his address. This address appears in                                     
House and Senate Joint Journal Supplement No. 1.                                                    
                                                                                                    
Following his address, the Governor received a standing ovation and                                 
was escorted from the chamber by Representative Berkowitz and                                       
Senator Leman.                                                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the Joint                                      
Session stand in adjournment. Without objection, President Halford                                  
adjourned the Joint Session at 7:42 p.m.                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-10                     Senate Journal                      Page 0045
                                 After Recess                                                    
                                                                                                    
                                In the Senate                                                    
                                                                                                    
The Senate reconvened at 8:07 p.m.                                                                  
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., January 11, 2001. Without                                    
objection, the Senate adjourned at 8:08 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                             Acting Secretary of the Senate                         
                                                                                                    
                                                                January 2001                        

2001-01-10                     Senate Journal                      Page 0046
                                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                                                         
                                                                                                    
                                   FINANCE                                                       
                              SENATE FINANCE 532                                                   
Jan 10                           Wednesday                            9:00 AM                       
  Budget Overview- David Teal, Director,                                                            
  Legislative Finance                                                                               
                                                                                                    
Jan 12                              Friday                            9:00 AM                       
  Overview- Alaska Permanent Fund                                                                   
  Corporation                                                                                       
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                  BELTZ 211                                                        
Jan 11                            Thursday                            1:30 PM                       
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 16                             Tuesday                            1:30 PM                       
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 18                            Thursday                            1:30 PM                       
  -- Agenda to be Announced --                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-10                     Senate Journal                      Page 0047
                               JOINT COMMITTEES                                                  
                                                                                                    
                      SELECT CMTE ON LEGISLATIVE ETHICS                                          
                                    Juneau                                                         
Jan 17                           Wednesday                            1:00 PM                       
  Room number to be announced                                                                       
  Discussion of Open Meetings, Legislation,                                                         
  Procedures, Budget, and Administrator                                                             
  Position                                                                                          
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                              SENATE FINANCE 532                                                   
Jan 11                            Thursday                            3:00 PM                       
  -- Location Change --                                                                             
  Organizational Meeting                                                                            
                                                                                                    
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                HOUSE CHAMBER                                                      
Jan 10                           Wednesday                            7:00 PM                       
  Combined State of the State and                                                                   
  State of the Budget Address                                                                       
  Honorable Tony Knowles, Governor                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               MAJORITY CAUCUS                                                   
                                BUTROVICH 205                                                      
Jan 10                           Wednesday                          11:30 AM