Legislature(2001 - 2002)

2001-01-31 Senate Journal

Full Journal pdf

2001-01-31                     Senate Journal                      Page 0231
                                                                                                    
                                   SENATE JOURNAL                                                
                                                                                                    
                              ALASKA STATE LEGISLATURE                                           
                                                                                                    
                     TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                  
                                                                                                    
Juneau, Alaska                     Wednesday                   January 31, 2001                   
                                                                                                    
                                 Twenty-fourth Day                                               
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:13 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senator Therriault was                                    
excused from a call of the Senate. Senator Taylor was absent.                                       
                                                                                                    
The prayer was offered by the Chaplain, Pastor Greg Clark of the                                    
Glacier Valley Baptist Church. Senator Hoffman moved and asked                                      
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
As we begin our time of prayer and meditation this morning, I would                                 
like for us to observe a few moments of silent prayer in memory of                                  
those 88 passengers and crew who lost their lives aboard Alaska                                     
Airlines Flight 261, one year ago today.                                                            
                                                                                                    
Dear Father, on the anniversary of this tragedy, many of our hearts are                             
still tender as we think about friends, family, and acquaintances that                              
are no longer with us today. The Apostle Paul called You the God of                                 
all comfort, and may we find comfort today in Your love and in the                                  
promises of Your Word, where You said, "Let not your heart be                                       
troubled; you believe in God, believe also in Me. In My Father's house                              
are many mansions; if it were not so, I would have told you. I go to                                
prepare a place for you. And if I go and prepare a place for you, I will                            
come again and receive you to Myself; that where I am, there you may                                
be also." (John 14:1-3)                                                                             
                                                                                                    
Now Lord, as we turn to the issues that face us today, help us to do so                             
with wisdom, righteousness, and justice. As someone has said, "Grant                                
us the serenity to accept  the  things  we cannot change, the  courage to                           
                                                                                                    
                                                                                                    

2001-01-31                     Senate Journal                      Page 0232
change the things we can, and the wisdom to know the one from the                                   
other." And help us to remember that when we lack wisdom, all we                                    
have to do is ask You for it.                                                                       
                                                                                                    
We thank You Lord for this nation that we call home and for those                                   
who have given themselves for the cause of our freedom. And Lord,                                   
help us to remember the words of Henry Ward Beecher who said, "A                                    
thoughtful mind . . . sees not the flag only, but the nation itself . . . the                       
principles, the truths, the history." We praise You, Sovereign Lord,                                
and give You thanks, in Jesus' Name.                                           Amen.                
                                                                                                    
Senator Hoffman led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                   Certification                                                 
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the twenty-third legislative day 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:                                                                                             
                                                                                                    
Notification of Availability: Alaska Energy Authority Annual Capital                                
Project Status Reports                                                                              
from Robert Poe, Jr., Executive Director                                                            
in accordance with AS 44.83.950(b)                                                                  
                                                                                                    
Resolutions and Report: Alaska's Future Workforce; Strategic Policies                               
and Investment Blueprint                                                                            
from Alice Galvin, Chair, Alaska Human Resources Investment                                         
Council                                                                                             
in accordance with ch. 132, SLA 2000                                                                
available at: http://www.gov.state.ak.us/ltgov/voced/main.htm                                       
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-31                     Senate Journal                      Page 0233
Notification of Availability: Department of Community and Economic                                  
Development Annual State Loan Report                                                                
from Deborah Sedwick, Commissioner                                                                  
in accordance with AS 37.05.035 and AS 16.10.350(b)                                                 
                                                                                                    
Status of Brown Bears and Other Natural Resources in the McNeil                                     
River State Game Sanctuary and Refuge                                                               
from Frank Rue, Commissioner, Department of Fish and Game                                           
in accordance with AS 16.20.041(f) and AS 16.20.160(f)                                              
                                                                                                    
2000 Compensation and Travel Report of Executive Positions                                          
from Jim Duncan, Commissioner designee, Department of                                               
Administration                                                                                      
in accordance with AS 37.05.210                                                                     
                                                                                                    
                                                                                                    
                             Standing Committee Reports                                          
                                                                                                    
SJR 6                                                                                             
The Finance Committee considered SENATE JOINT RESOLUTION                                            
NO. 6 Urging the Congress of the United States to provide federal                                   
education funds as a block grant to the state, and recommended it be                                
replaced with                                                                                       
                                                                                                    
                         CS FOR SENATE JOINT RESOLUTION NO.                                        
          6(FIN)                                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate Finance Committee                                                  
                                                                                                    
Signing do pass: Senators Donley, Kelly, Cochairs, Senators Green,                                  
Austerman, Wilken, Ward, Leman. Signing no recommendation:                                          
Senators Hoffman, Olson.                                                                            
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-31                     Senate Journal                      Page 0234
                           Introduction and Reference of                                         
                                 Senate Resolutions                                              
                                                                                                    
SCR 3                                                                                             
SENATE CONCURRENT RESOLUTION NO. 3 BY SENATORS                                                      
DAVIS, Ellis,                                                                                       
                                                                                                    
          Proposing an amendment to the Uniform Rules of the                                        
          Alaska State Legislature relating to the Education                                        
          Committee, a standing committee of the legislature.                                       
                                                                                                    
was read the first time and referred to the State Affairs, Health,                                  
Education and Social Services and Finance Committees.                                               
                                                                                                    
SJR 11                                                                                            
SENATE JOINT RESOLUTION NO. 11 BY SENATORS WARD,                                                    
Green,                                                                                              
                                                                                                    
          Proposing an amendment to the Constitution of the                                         
          State of Alaska to guarantee the permanent fund                                           
          dividend, to provide for inflation proofing, and to                                       
          require a vote of the people before changing the                                          
          statutory formula for distribution that existed on                                        
          January 1, 2001.                                                                          
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                     Introduction and Reference of Senate Bills                                  
                                                                                                    
SB 62                                                                                             
SENATE BILL NO. 62 BY SENATORS DAVIS, Ellis, entitled:                                              
                                                                                                    
          "An Act relating to forward funding of state aid for                                      
          education programs; and providing for an effective                                        
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    

2001-01-31                     Senate Journal                      Page 0235
SB 63                                                                                             
SENATE BILL NO. 63 BY SENATORS DAVIS, Ellis, entitled:                                              
                                                                                                    
          "An Act making an appropriation for support of                                            
          kindergarten, primary, and secondary education                                            
          programs and for the community schools program for                                        
              fiscal year 2003; and providing for an effective date."                              
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 64                                                                                             
SENATE BILL NO. 64 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
                   "An Act relating to the award of a high school                                  
          diploma to certain World War II veterans."                                                
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Education and Early                                         
   Development                                                                                      
                                                                                                    
Governor's transmittal letter dated January 30:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
This bill I transmit today brings a long-overdue recognition to those                               
World War II veterans who left Alaska's high schools before                                         
graduating in order to serve their country. These veterans would be                                 
awarded high school diplomas.                                                                       
                                                                                                    
Alaska would join other states in the national "Operation Recognition"                              
program designed as society's gesture of gratitude towards World War                                
II veterans. Many of these veterans never received high school                                      
diplomas  because  they  chose,  rather,  to  serve  in  the  military  at  a                       
                                                                                                    
                                                                                                    

2001-01-31                     Senate Journal                      Page 0236
crucial time to ward off a genuine threat to world stability. When they                             
returned home in the post-war economic and baby boom, they went                                     
straight to work and pursued careers rather than go back to school.                                 
                                                                                                    
Under this bill, the Department of Education and Early Development                                  
would award a diploma upon application by, or on behalf of, a person                                
who served in the military between August 7, 1940 and July 5, 1947.                                 
Those veterans with a Graduation Equivalency Diploma could also                                     
apply.                                                                                              
                                                                                                    
Out of respect and recognition of Alaska's World War II veterans, I                                 
urge your prompt and favorable action on this measure.                                              
                                                                                                    
                                     Sincerely,                                                    
                                    /s/                                                             
                                    Tony Knowles                                                    
                                    Governor                                                        
                                                                                                    
                                                                                                    
                           Consideration of the Calendar                                         
                                                                                                    
                                     Citations                                                   
                                                                                                    
In Memoriam - Walter D. Teeland                                                                     
Senator(s) Halford, Green, Phillips, Ward, Wilken, Hoffman, Pearce,                                 
Kelly, Taylor, Austerman, Lincoln, Leman, Ellis, Donley, Elton, Davis                               
Representative(s) Masek, Ogan, Kohring                                                              
                                                                                                    
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.                                                                      
                                                                                                    
The presence of Senator Taylor was noted.                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-31                     Senate Journal                      Page 0237
                                Unfinished Business                                              
                                                                                                    
SR 1                                                                                              
President Halford made the following appointments to the Senate                                     
World Trade and State/Federal Relations Committee:                                                  
                                                                                                    
          Senator Cowdery, Chair                                                                    
          Senator Austerman                                                                         
          Senator Leman                                                                             
          Senator Therriault                                                                        
          Senator Lincoln                                                                           
          Senator Donley (Alternate)                                                                
          Senator Olson (Alternate)                                                                 
                                                                                                    
SJR 10                                                                                            
Senators Wilken, Kelly, Cowdery, Elton, Leman moved and asked                                       
unanimous consent to be shown as cosponsors on SENATE JOINT                                         
RESOLUTION NO. 10 Urging the United States Congress to fully                                        
fund the operational readiness and recapitalization requirements of the                             
United States Coast Guard. Without objection, it was so ordered.                                    
                                                                                                    
Senator Taylor moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from plane time, February 1                                 
through plane time, February 4. Without objection, Senator Taylor was                               
excused.                                                                                            
                                                                                                    
Senator Pearce, Rules Committee Chair, introduced a new member of                                   
the 2001 Chamber Staff as follows:                                                                  
                                                                                                    
 Senate Page                                                                                      
 Nick Samaniego                                                                                     
                                                                                                    
                                                                                                    
                                   Announcements                                                 
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-31                     Senate Journal                      Page 0238
                                    Adjournment                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., February 1, 2001. Without                                    
objection, the Senate adjourned at 11:29 a.m.                                                       
                                                                                                    
                                                                      Heidi Vogel                   
                                                         Secretary of the Senate                    
                                                                                                    
                                                                     January 2001                   

2001-01-31                     Senate Journal                      Page 0239
                                   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                                                         
                                                                                                    
                            COMMUNITY & REGIONAL AFFAIRS                                         
                                   FAHRENKAMP 203                                                  
Jan 31                              Wednesday                               1:30 PM                 
          Local Boundary Commission Briefing                                                        
+ SB 48 MUNICIPALITIES:INCORP/PROPERTY VALUATION                                                    
          -- Teleconference <Listen Only> --                                                        
                                                                                                    
Feb 02                                 Friday                               1:30 PM                 
          No Meeting Scheduled                                                                      
                      ----------------------------------------                                     
                                                                                                    
                                      FINANCE                                                    
                                 SENATE FINANCE 532                                                
Jan 31                              Wednesday                               9:00 AM                 
  SJR  6 EDUCATION BLOCK GRANTS                                                                     
=SB 16 OIL DISCH PREVENTION: NONTANK VESSELS/RR                                                     
          <Bill Postponed>                                                                          
                                                                                                    
Feb 01                               Thursday                               9:00 AM                 
          Overview: Annalee McConnell                                                               
  SB 27 APPROP: GOVERNOR'S OPERATING BUDGET                                                         
  SB 28 APPROP:MENTAL HEALTH BUDGET                                                                 
  SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET                                                           
                                                                                                    
Feb 02                                 Friday                               9:00 AM                 
+SB  9 EXTENDED BOARD OF ARCHITECTS ETC                                                             
  SB 21 FINES BY THE STATE MEDICAL BOARD                                                            
                      ----------------------------------------                                     
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-31                     Senate Journal                      Page 0240
                        HEALTH, EDUCATION & SOCIAL SERVICES                                      
                                   BUTROVICH 205                                                   
Jan 31                              Wednesday                               1:30 PM                 
          Overview: Dept of Education and Early Development                                         
          Bills Previously Heard/Scheduled                                                          
                      ----------------------------------------                                     
                                                                                                    
                                     JUDICIARY                                                   
                                     BELTZ 211                                                     
Jan 31                              Wednesday                               1:30 PM                 
          No Meeting Scheduled                                                                      
                                                                                                    
Feb 02                                 Friday                               1:30 PM                 
          No Meeting Scheduled                                                                      
                      ----------------------------------------                                     
                                                                                                    
                                  LABOR & COMMERCE                                               
                                     BELTZ 211                                                     
Feb 01                               Thursday                               1:30 PM                 
+ SB 38 MEDICAL ASSISTANCE:BREAST/CERVICAL CANCER                                                   
          Presentation/Overview: AK State Hospital & Nursing Home Assoc                             
          AK Process Industry Careers Consortium                                                    
                      ----------------------------------------                                     
                                                                                                    
                                     RESOURCES                                                   
                                   BUTROVICH 205                                                   
Jan 31                              Wednesday                               3:30 PM                 
+         Alaska Soil and Water Conservation                                                        
          District Briefing                                                                         
          Department Overviews on Natural Gas Pipeline:                                             
          Department of Revenue, Department of Natural Resources                                    
                                                                                                    
Feb 02                                 Friday                               3:30 PM                 
          No Meeting Scheduled                                                                      
                                                                                                    
Feb 05                                Monday                                3:30 PM                 
          Natural Gas Pipeline Briefing: Foothills Pipelines Co.                                    
                                                                                                    
                                 SENATE FINANCE 532                                                
Feb 06                                Tuesday                              12:15 PM                 
          -- Time and Location Change --                                                            
          Joint w/(H) Resources                                                                     
          Mining Industry Briefing                                                                  
                                                                                                    
                                                                                                    

2001-01-31                     Senate Journal                      Page 0241
                               RESOURCES (continued)                                             
                                   BUTROVICH 205                                                   
Feb 07                              Wednesday                               3:30 PM                 
          Natural Gas Pipeline Briefing: Gas Pipeline Consortium                                    
                                                                                                    
Feb 09                                 Friday                               3:30 PM                 
          Status Briefing on Donald H. Carlson et al vs State of AK                                 
          Commercial Fisheries Entry Commission:                                                    
          Dept of Law, OMB, CFEC                                                                    
                                                                                                    
Feb 14                              Wednesday                               3:30 PM                 
          TAPS Briefing: David Wight, CEO and President                                             
          Alyeska Pipeline                                                                          
                      ----------------------------------------                                     
                                                                                                    
                                   STATE AFFAIRS                                                 
                                     BELTZ 211                                                     
Feb 01                               Thursday                               3:30 PM                 
+ SJR 8 VOTING SITES AT MILITARY INSTALLATIONS                                                      
                      ----------------------------------------                                     
                                                                                                    
                                   TRANSPORTATION                                                
                                   BUTROVICH 205                                                   
Feb 01                               Thursday                               1:30 PM                 
          No Meeting Scheduled                                                                      
                                                                                                    
                               FINANCE SUBCOMMITTEES                                             
                                                                                                    
                                    CORRECTIONS                                                  
                                   FAHRENKAMP 203                                                  
Feb 01                               Thursday                               8:00 AM                 
          Overview: Dept of Corrections                                                             
          Missions and Measures                                                                     
          FY02 Budget Request                                                                       
                      ----------------------------------------                                     
                                                                                                    
                         TRANSPORTATION & PUBLIC FACILITIES                                      
                                   FAHRENKAMP 203                                                  
Jan 31                              Wednesday                               8:00 AM                 
          Overview: DOT/PF                                                                          
          Missions and Measures                                                                     
          FY02 Budget Request                                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-31                     Senate Journal                      Page 0242
                                  JOINT COMMITTEES                                               
                                                                                                    
                          ADMINISTRATIVE REGULATION REVIEW                                       
                                   BUTROVICH 205                                                   
Feb 01                               Thursday                               9:30 AM                 
+         Review of Public Hearing on Shellfish Regulations