Legislature(2001 - 2002)

2001-02-06 Senate Journal

Full Journal pdf

2001-02-06                     Senate Journal                      Page 0285
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                  February 6, 2001                      
                                                                                                    
                                Thirtieth Day                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:16 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Pearce was                                        
excused from a call of the Senate.                                                                  
                                                                                                    
The prayer was offered by the Chaplain, Minister Robert Taverner of                                 
the Church of Christ. Senator Hoffman moved and asked unanimous                                     
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          Father, thank You for the day and all that it has to                                      
          offer. We thank You for our lives and our liberty. We                                     
          ask that You give each senator wisdom and health.                                         
          We ask that You bless each senator for the effort and                                     
          energy they devote to the cares and concerns of                                           
          others. We ask that You bless all the work done by                                        
          this legislative body and that their decisions will                                       
           benefit   each  and  every  Alaskan.   In  Jesus'  Name,                                
                                                              Amen.                                 
                                                                                                    
Senator Austerman led the Senate in the Pledge of Allegiance.                                       
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the twenty-ninth legislative day be approved as certified by the                                
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-06                     Senate Journal                      Page 0286
                           Messages from the House                                               
                                                                                                    
Message dated February 5 was read, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 48                                                                                             
CS FOR HOUSE BILL NO. 48(RES) BY THE HOUSE                                                          
RESOURCES COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act eliminating a requirement that a social                                           
          security number be provided by an applicant for                                           
          certain hunting or sport fishing licenses, tags, and                                      
          permits; eliminating a requirement that applications                                      
          for certain licenses and tags be sworn to by the                                          
          applicants before an officer authorized to administer                                     
          oaths; and providing for an effective date."                                              
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
Senators Ward, Taylor, Halford, Kelly, Green, Austerman, Cowdery,                                   
Phillips, Leman, Therriault, Lincoln, Donley were added as cross                                    
sponsors on the bill.                                                                               
                                                                                                    
HB 79                                                                                             
HOUSE BILL NO. 79 BY REPRESENTATIVES KOTT, Mulder,                                                  
Murkowski, entitled:                                                                                
                                                                                                    
          "An Act designating a portion of the Eagle River                                          
          Loop Road as the Eagle River Veterans' Memorial                                           
          Highway."                                                                                 
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-06                     Senate Journal                      Page 0287
                                Communications                                                   
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    
Alaska Department of Labor and Work Force Development Report:                                       
"Non-Residents Working in Alaska - 1999"                                                            
from Ed Flanagan, Commissioner                                                                      
in accordance with AS 36.10.130                                                                     
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 2                                                                                              
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 2 "An Act relating to reimbursement of                                              
municipal bonds for school construction; and providing for an                                       
effective date." Signing do pass: Senator Green, Chair, Senators                                    
Leman, Ward, Wilken, Davis.                                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Education and Early                                         
  Development                                                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 19                                                                                             
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 19 "An Act repealing the termination date of                                        
changes made by ch. 87, SLA 1997 and ch. 132, SLA 1998 regarding                                    
child support enforcement and related programs; repealing the                                       
nonseverability provision of ch. 132, SLA 1998; repealing certain                                   
requirements for applicants for hunting and sport fishing licenses or                               
tags, and for certain hunting permits, to provide social security                                   
numbers for child support enforcement purposes; and providing for an                                
effective date" and recommended it be replaced with                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-06                     Senate Journal                      Page 0288
          CS FOR SENATE BILL NO. 19(HES) "An Act                                                    
          relating to federal child support enforcement                                             
          requirements regarding social security number                                             
          information, employer reports about employees, and                                        
          certain kinds of automated data matching with                                             
          financial institutions; repealing the termination date                                    
          of changes made by ch. 87, SLA 1997, and ch. 132,                                         
          SLA 1998, regarding child support enforcement and                                         
          related programs; repealing the nonseverability                                           
          provision of ch. 132, SLA 1998; repealing uncodified                                      
          laws relating to ch. 87, SLA 1997, and ch. 132, SLA                                       
          1998; and providing for an effective date."                                               
                                                                                                    
Signing do pass: Senator Green, Chair, Senators Leman, Davis.                                       
Signing no recommendation: Senators Ward, Wilken.                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 72                                                                                             
SENATE BILL NO. 72 BY SENATORS KELLY, Halford, Taylor,                                              
Green, Ward, Donley, Leman, Austerman, Cowdery, entitled:                                           
                                                                                                    
          "An Act relating to 'take-a-child-hunting' seasons for                                    
          big game."                                                                                
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 73                                                                                             
SENATE BILL NO. 73 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-06                     Senate Journal                      Page 0289
                "An Act making supplemental appropriations and                                     
                making and amending other appropriations; and                                      
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
Supplemental Request Summary from the Office of the Governor was                                    
attached and is on file in the Office of the Secretary of the Senate.                               
                                                                                                    
Governor's transmittal letter dated February 6:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
I am transmitting to you today two supplemental appropriation bills                                 
for Fiscal Year 2001. Issues which require attention on an expedited                                
basis are a separate "fast track" bill. This bill includes supplemental                             
needs with less critical timing requirements.                                                       
                                                                                                    
The administration and legislature made considerable progress                                       
reforming the supplemental budget process several years ago.                                        
Unfortunately, we have lost some of that progress and must again this                               
year address the inevitable consequences of the actions which reduced                               
the general fund budget number in May. Examples include using low                                   
case projections for formula programs, not funding fire suppression                                 
and core emergency services costs until the supplemental budget, and                                
not fully funding commitments such as private sector leases. Fire                                   
suppression alone accounts for $4.8 million of this supplemental                                    
request; full payment of leases is another $1.7 million. The $16.5                                  
million general fund placeholder amount for supplementals in the                                    
budget plan approved last May is clearly not sufficient to cover known                              
supplemental funding requirements of this magnitude.                                                
                                                                                                    
In some instances shortfalls in one area can be covered with excess                                 
appropriations in related areas. For instance, based on current                                     
estimates of general funds needed for the foundation formula, $1.9                                  
million can be transferred to cover most of the $2.1 million needed for                             
pupil transportation. Transfers were not available for other formula                                
programs budgeted at the low case scenario such as Medicaid or the                                  
Longevity Bonus.                                                                                    
                                                                                                    
                                                                                                    

2001-02-06                     Senate Journal                      Page 0290
Wherever possible, departments have made internal adjustments to                                    
keep within current appropriation levels. Nevertheless, supplemental                                
requests are required when increased costs are beyond an agency's                                   
ability to adjust without detrimental effects on basic services. The                                
increased workload in Child in Need of Aid and guardian ad litem                                    
cases, for instance, has significantly exceeded even last year's trends.                            
Pioneer Home revenues were not sufficient to fund the major share of                                
the emergency heating and ventilation system repairs to the Anchorage                               
home as originally anticipated.                                                                     
                                                                                                    
Some of the supplemental requests will allow us to take advantage of                                
increased federal aid in areas ranging from child care to special                                   
education pass-throughs to local school districts. Where the additional                             
federal funds need to be committed soon (such as for winter home                                    
heating assistance and fisheries research and stock assessment work                                 
during the upcoming field season), we included the requests in the fast                             
track bill.                                                                                         
                                                                                                    
So far this year, the average oil price has exceeded the spring forecast                            
by several dollars - very good news for our state budget because it                                 
reduces the need for Constitutional Budget Reserve funds. However, it                               
also means higher costs to heat the Pioneer Homes, fill the tanks of                                
trooper cars, operate highway and airport equipment, run the ferries,                               
etc. State agencies need approximately $2.3 million in general funds                                
and $460,000 in airport revenue funds to pay these higher fuel prices.                              
In the big picture, this is a small price to pay for circumstances that                             
greatly benefit Alaska overall.                                                                     
                                                                                                    
As we work together on the FY2002 budget, the appropriations                                        
requested in this bill and its companion "fast track" supplemental can                              
provide some helpful reference points for determining realistic budget                              
levels for the coming year.                                                                         
                                                                                                    
                                  Sincerely,                                                       
                                 /s/                                                                
                                 Tony Knowles                                                       
                                 Governor                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-06                     Senate Journal                      Page 0291
SB 74                                                                                             
SENATE BILL NO. 74 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
                    "An Act making supplemental and other                                          
          appropriations; and providing for an effective date."                                     
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
Supplemental Request Summary from the Office of the Governor was                                    
attached and is on file in the Office of the Secretary of the Senate.                               
                                                                                                    
Governor's transmittal letter dated February 6:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
I am transmitting to you today two supplemental appropriation bills                                 
for Fiscal Year 2001, including this one which I urge you to put on a                               
"fast track" for final action as early in March as possible. The                                    
legislature and public are already familiar with the Special Olympics                               
and gas line projects in this "fast track" bill, but several other issues                           
also need attention sooner than the regular supplemental schedule                                   
allows.                                                                                             
                                                                                                    
In my State of the State/State of the Budget speech, I proposed that we                             
join together to quickly provide $500,000 toward the success of an                                  
extraordinary event that will take place in Anchorage early next                                    
month. The organizers of the Special Olympics World Winter Games                                    
have garnered tremendous financial and in-kind support to bring                                     
athletes and their families to Alaska from all over the world, but they                             
need our help now to complete the funding for lodging and other basic                               
expenses.                                                                                           
                                                                                                    
We also need early supplemental action so state agencies can proceed                                
quickly with intensive preparations to receive an application for                                   
construction of the natural gas pipeline. As an example, the                                        
Departments of Fish and Game and Environmental Conservation will                                    
not be able to conduct a full field season this year unless they receive                            
the  necessary  funds  in  time to  hire  staff  and  make  other  financial                        
                                                                                                    

2001-02-06                     Senate Journal                      Page 0292
commitments. With an appropriation of $1.96 million in March, we                                    
could intensify the overall gas line effort considerably and avoid a full                           
year's delay on the necessary field work.                                                           
                                                                                                    
Approval of this bill in March would make it possible to begin several                              
transportation and fisheries research projects this summer. It would                                
also ensure timely debt service payments and uninterrupted processing                               
of Medicaid payments. These and other timing issues are described in                                
the backup materials.                                                                               
                                                                                                    
       Sincerely,                                                                                   
       /s/                                                                                          
       Tony Knowles                                                                                 
       Governor                                                                                     
                                                                                                    
SB 75                                                                                             
SENATE BILL NO. 75 BY SENATORS HALFORD, Phillips,                                                   
entitled:                                                                                           
                                                                                                    
               "An Act relating to municipal service areas and                                     
                providing for voter approval of the formation,                                     
          alteration, or abolishment of certain service areas."                                     
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Dimond High School Japanese Immersion Program                                            
Graduates                                                                                           
Senator(s) Pearce, Ward, Wilken, Hoffman, Leman, Elton, Davis,                                      
Lincoln, Austerman, Taylor, Kelly, Green, Donley                                                    
Representative(s) Halcro                                                                            
                                                                                                    
Honoring - Dimond High Lynx, 2000 State Football Champs                                             
Senator(s) Pearce, Ward, Wilken, Hoffman, Leman, Elton, Davis,                                      
Lincoln, Austerman, Taylor, Kelly, Green, Donley                                                    
Representative(s) Halcro                                                                            
                                                                                                    

2001-02-06                     Senate Journal                      Page 0293
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                                                 
                                                                                                    
SB 42                                                                                             
Senator Elton moved and asked unanimous consent to be shown as a                                    
cosponsor on SENATE BILL NO. 42 "An Act requiring an annual                                         
inflation adjustment of 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.                                                        
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from the Senate, not subject to a call, on February 23. Without                                     
objection, Senator Hoffman was excused.                                                             
                                                                                                    
Senator Taylor moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from plane time, February 9                                 
through plane time, February 11. Without objection, Senator Taylor                                  
was excused.                                                                                        
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 23. Without objection, Senator                                
Lincoln was excused.                                                                                
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., February 7, 2001. Without                                    
objection, the Senate adjourned at 11:28 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2001                        

2001-02-06                     Senate Journal                      Page 0294
                                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                                                     
Feb 07                            Wednesday                            1:30 PM                      
+ SB   4 MUNICIPAL PROPERTY TAX EXEMPTION                                                           
+= SB  48 MUNICIPALITIES:INCORP/PROPERTY VALUATION                                                  
                                                                                                    
Feb 09                               Friday                            1:30 PM                      
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 10                              Saturday                           1:30 PM                      
              -- Time Change --                                                                     
+= SB  48 MUNICIPALITIES:INCORP/PROPERTY VALUATION                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                              SENATE FINANCE 532                                                   
Feb 06                              Tuesday                            9:00 AM                      
+             Overview: Diane Barrans                                                               
              AK Commission on Postsecondary Education                                              
+= SB  16 OIL DISCH PREVENTION: NONTANK VESSELS/RR                                                  
                                                                                                    
Feb 07                            Wednesday                            9:00 AM                      
              Status of Donald H. Carlson et al. vs                                                 
              State of AK Commercial Fisheries Entry                                                
              Commission: Dept of Law, OMB, CFEC                                                    
                                                                                                    
Feb 08                             Thursday                            9:00 AM                      
              Overview: Annalee McConnell                                                           
              Governor's Supplemental Budget                                                        
                   ----------------------------------------                                        
                                                                                                    

2001-02-06                     Senate Journal                      Page 0295
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                BUTROVICH 205                                                      
Feb 07                            Wednesday                            1:30 PM                      
+ SB  40 EDUC.OF DISABLED OR GIFTED CHILDREN                                                        
+ SB  64 HIGH SCHOOL DIPLOMA FOR CERTAIN WWII VETS                                                  
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                  BELTZ 211                                                        
Feb 07                            Wednesday                            1:30 PM                      
              Confirmation Hearing:                                                                 
              Judicial Conduct, AK Judicial Council                                                 
                                                                                                    
Feb 09                               Friday                            1:30 PM                      
              -- Meeting Canceled --                                                                
              Confirmation Hearing:                                                                 
              Violent Crimes Compensation Board                                                     
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                  BELTZ 211                                                        
Feb 06                              Tuesday                            1:30 PM                      
+ SB  58 ADD PHYSICIAN ASST TO STATE MEDICAL BOARD                                                  
                                                                                                    
Feb 08                             Thursday                            1:30 PM                      
     SB  52 TERMINATION OF STATE PHYS THERAPY BOARD                                                 
     SB  53 EXTENDING THE BD. OF BARBERS/HAIRDRESSERS                                               
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                              SENATE FINANCE 532                                                   
Feb 06                              Tuesday                           12:15 PM                      
+             -- Time and Location Change --                                                        
              Joint w/(H) Resources                                                                 
              Mining Industry Briefing                                                              
                                                                                                    
                                BUTROVICH 205                                                      
Feb 07                            Wednesday                            3:30 PM                      
+             Natural Gas Pipeline Briefing: Gas Pipeline Consortium                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-02-06                     Senate Journal                      Page 0296
                            RESOURCES (continued)                                                
                                                                                                    
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                                                                
+ HJR  6 ROADLESS POLICY                                                                            
                                                                                                    
Feb 14                            Wednesday                            3:30 PM                      
              TAPS Briefing:                                                                        
              David Wight, CEO and President, Alyeska Pipeline                                      
                                                                                                    
                              SENATE FINANCE 532                                                   
Feb 15                             Thursday                           12:00 PM                      
              -- Time and Location Change --                                                        
              Joint w/(H) Resources and (H) Special Committee on                                    
              Oil & Gas                                                                             
              Presentation on LNG Market in Japan and Asia:                                         
              Shigeru Muraki, General Manager, Gas Resources Dept,                                  
              Tokyo Gas Co. Ltd.                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                  BELTZ 211                                                        
Feb 06                              Tuesday                            3:30 PM                      
+ SJR  9 NATIONAL MISSILE DEFENSE SYSTEM                                                            
+ SJR 12 ELIMINATE MARRIAGE TAX PENALTY                                                             
+ SB  39 ASST. ADJUTANT GENERAL FOR MISSLE DEFENSE                                                  
                                                                                                    
Feb 08                             Thursday                            3:30 PM                      
+ SB  54 ALASKA VETERANS ADVISORY COUNCIL                                                           
+ SB  55 PIONEERS' AND VETERANS' HOME/ADVISORY BD                                                   
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                BUTROVICH 205                                                      
Feb 06                              Tuesday                            1:30 PM                      
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 08                             Thursday                            1:30 PM                      
+ HB  44 JOE REDINGTON SR. MEMORIAL TRAIL                                                           
+ SB   3 APPROP:ENV.ASSESS. NORTHERN DENALI ACCESS                                                  
                                                                                                    
                                                                                                    

2001-02-06                     Senate Journal                      Page 0297
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                        EDUCATION & EARLY DEVELOPMENT                                            
                              SENATE FINANCE 532                                                   
Feb 08                             Thursday                            8:00 AM                      
              Overview:                                                                             
              Dept of Education and Early Development                                               
                   ----------------------------------------                                        
                                                                                                    
                           HEALTH & SOCIAL SERVICES                                              
                              SENATE FINANCE 532                                                   
Feb 07                            Wednesday                            4:00 PM                      
              Missions and Measures:                                                                
              Div of Medical Assistance, Public Assistance, Public Health                           
                                                                                                    
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                FAHRENKAMP 203                                                     
Feb 20                              Tuesday                            2:45 PM                      
+             Review of Past and Proposed Regulations                                               
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                              HOUSE FINANCE 519                                                    
Feb 08                             Thursday                           12:00 PM                      
              Fairbanks Office Lease Renewal                                                        
              Flag Pins                                                                             
              Information Technology Subcommittee                                                   
              Revisor's Bill, Drafting Manual                                                       
              Pacific NW Economic Region Discussion                                                 
                                                                                                    
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                FAHRENKAMP 203                                                     
Feb 13                              Tuesday                           12:00 PM                      
              Public Health                                                                         
                   ----------------------------------------                                        
                                                                                                    
                               FISHERIES CAUCUS                                                  
                                BUTROVICH 205                                                      
Feb 09                               Friday                           12:00 PM                      
              Legal Framework for Fishery Management