Legislature(2001 - 2002)
2001-03-09 Senate Journal
Full Journal pdf2001-03-09 Senate Journal Page 0593 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday March 9, 2001 Sixty-first Day Pursuant to adjournment the Senate was called to order by President pro tempore Leman at 11:06 a.m. The roll showed twelve members present. Senators Pearce, Phillips, Therriault were excused from a call of the Senate. Senators Cowdery, Halford, Kelly, Olson, Wilken were absent. The prayer was offered by the Chaplain, Reverend Steve Olmstead of the Chapel by the Lake. Senator Hoffman moved and asked unanimous consent that the prayers for today and March 7 be spread. Without objection, it was so ordered. Reverend Olmstead requested the Senate observe a moment of silence in memory of former Speaker of the House, the Honorable Hugh Malone. My Lord God, I do not know where I am going. I do not see the road ahead of me. I cannot know for certain where it will end. Nor do I really know myself, and the fact that I think that I am following Your will does not mean that I am actually doing so. But I believe that the desire to please You does in fact please You. And I hope that I have that desire in all that I am doing. I hope that I will never do anything apart from that desire. 2001-03-09 Senate Journal Page 0594 And I know that if I do this You will lead me by the right road though I may know nothing about it. Therefore I will trust You always. I will not fear, for You are ever with me and will never leave me alone. Amen. (Thomas Merton) Prayer offered March 7: With respect for the religious beliefs of all here let us enter a time of silence. Gracious God, we thank You for the gift of life and the privilege of serving other people. May You guide and direct these Senators and their staff in all they do. Thank You for Your faithfulness. In God's Holy Name, Amen. Senator Green led the Senate in the Pledge of Allegiance. Certification Senator Taylor, Acting Majority Leader, moved and asked unanimous consent that the journals for the fifty-third through sixtieth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Standing Committee Reports SB 6 The Labor and Commerce Committee considered SENATE BILL NO. 6 "An Act relating to required notice of eviction to mobile home park dwellers and tenants before redevelopment of the park" and recommended it be replaced with CS FOR SENATE BILL NO. 6(L&C) 2001-03-09 Senate Journal Page 0595 Signing do pass: Senator Phillips, Chair, Senators Davis, Austerman, Leman. Signing no recommendation: Senator Torgerson. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law The bill was referred to the Finance Committee. SB 48 The Community and Regional Affairs Committee considered SENATE BILL NO. 48 "An Act relating to the determination of full and true value of taxable municipal property for purposes of calculating funding for education and certain other programs; and relating to incorporation of second class boroughs in the unorganized borough and to annexation of portions of the unorganized borough to boroughs and unified municipalities" and recommended it be replaced with CS FOR SENATE BILL NO. 48(CRA) "An Act relating to the determination of full and true value of taxable municipal property for purposes of calculating funding for education and certain other programs, to incorporation of third class boroughs, to incorporation of certain boroughs in the unorganized borough and annexation of portions of the unorganized borough to boroughs and unified municipalities, and to the formation of separate unorganized boroughs; and providing for an effective date." Signing do pass: Senator Torgerson, Chair, Senator Phillips. Signing no recommendation: Senator Austerman. The following fiscal information was published today: Fiscal Note No. 1, Department of Community and Economic Development Fiscal Note No. 2, Department of Community and Economic Development The bill was referred to the Finance Committee. 2001-03-09 Senate Journal Page 0596 SB 88 The Community and Regional Affairs Committee considered SENATE BILL NO. 88 "An Act relating to metropolitan planning organizations and to establishment of a metropolitan planning organization for the Anchorage metropolitan area; and providing for an effective date." Signing do pass: Senator Torgerson, Chair, Senator Phillips. Signing no recommendation: Senator Austerman. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities The bill was referred to the Finance Committee. HB 100 The State Affairs Committee considered HOUSE BILL NO. 100 "An Act establishing the third Saturday of each June as Juneteenth Day" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 100(STA) Signing no recommendation: Senator Therriault, Chair. Signing do pass: Senators Davis, Phillips. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House State Affairs Committee The bill was referred to the Rules Committee. SCR 6 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 6 Relating to proclaiming April 2001 as Sexual Assault Awareness Month, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 6(STA) Signing do pass: Senator Therriault, Chair, Senators Phillips, Davis. 2001-03-09 Senate Journal Page 0597 The following fiscal information was published today: Fiscal Note No. 1, zero, Senate State Affairs Committee The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 89 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 89 BY SENATOR DAVIS, entitled: "An Act relating to charter schools; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 129 SENATE BILL NO. 129 BY SENATOR DAVIS, entitled: "An Act relating to a public high school competency examination; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 130 SENATE BILL NO. 130 BY SENATOR TAYLOR, entitled: "An Act establishing the Alaska Marine Highway Authority; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. SB 131 SENATE BILL NO. 131 BY SENATOR DAVIS, entitled: "An Act relating to the forfeiture of property used to possess or distribute child pornography, to commit indecent viewing or photography, to commit a sex 2001-03-09 Senate Journal Page 0598 offense, or to solicit the commission of, attempt to commit, or conspire to commit possession or distribution of child pornography, indecent viewing or photography, or a sexual offense." was read the first time and referred to the Judiciary and Finance Committees. SB 132 SENATE BILL NO. 132 BY SENATOR DAVIS, entitled: "An Act relating to minimum wages." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 133 SENATE BILL NO. 133 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act relating to a two-year transition for implementation of the public high school competency examination and to establishing an essential skills examination as a high school graduation requirement; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. Consideration of the Calendar Citations th Honoring - Alaska Air National Guard's 168 Aerial Refueling Wing Senator(s) Therriault, Wilken, Kelly, Pearce, Green, Taylor, Austerman, Lincoln, Davis, Elton, Donley, Leman, Halford, Phillips, Hoffman Representative(s) Hayes, James, Fate, Coghill, Davies, Whitaker 2001-03-09 Senate Journal Page 0599 Honoring - Willa Ashenfelter Representative(s) Foster Senator(s) Olson, Pearce, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Wilken, Leman, Halford, Hoffman Honoring - Irene Aukongak Representative(s) Foster Senator(s) Olson, Pearce, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Wilken, Leman, Halford, Hoffman Senator Donley, Acting Majority Leader, moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Donley, Acting Majority Leader, moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business In Memoriam - Norman Sommers Senator(s) Leman, Cowdery, Austerman, Davis, Donley, Elton, Green, Hoffman, Kelly, Pearce, Taylor, Therriault, Ward, Lincoln Representative(s) Mulder, Dyson, Kott, Porter, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Kapsner, Masek, Meyer, Morgan, Murkowski, Ogan, Rokeberg, Whitaker Senator Donley, Acting Majority Leader, moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business Senator Austerman moved and asked unanimous consent to be excused from a call of the Senate from March 22 through 26. Without objection, Senator Austerman was excused. 2001-03-09 Senate Journal Page 0600 Senator Ellis moved and asked unanimous consent to be excused from a call of the Senate through morning plane time on March 12. Without objection, Senator Ellis was excused. EO 102 In accordance with AS 24.08.210, action was not taken on the following Executive Order and it was returned to the Governor's Office at 8:55 a.m. on March 9, 2001: Transferring the office of the long term care ombudsman from the Alaska Commission on Aging in the Department of Administration to the Alaska Mental Health Trust Authority in the Department of Revenue. Announcements SB 133 Senator Green, Chair, moved and asked unanimous consent that the five-day notice be waived on SENATE BILL NO. 133 "An Act relating to a two-year transition for implementation of the public high school competency examination and to establishing an essential skills examination as a high school graduation requirement; and providing for an effective date" for the Health, Education and Social Services Committee meeting on March 10. Without objection, it was so ordered. SB 129 Senator Davis moved and asked unanimous consent that the five-day notice be waived on SENATE BILL NO. 129 "An Act relating to a public high school competency examination; and providing for an effective date" for the Health, Education and Social Services Committee meeting on March 10. Without objection, it was so ordered. Announcements are at the end of the journal. 2001-03-09 Senate Journal Page 0601 Adjournment Senator Taylor, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 12, 2001. Without objection, the Senate adjourned at 11:29 a.m. Heidi Vogel Secretary of the Senate March 2001 2001-03-09 Senate Journal Page 0602 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS Mar 09 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 12 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 14 Wednesday Fahrenkamp 203 1:30 PM += SB 75 SERVICE AREAS:VOTER APPROVAL/TAX ZONES += SB 78 MUNICIPAL REGULATION OF RADIO ANTENNAS + SB 104 AID TO VOLUNTEER SERVICES + SB 109 UNINCORP. COMMUNITY MATCHING GRANTS Mar 16 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 09 Friday Senate Finance 532 9:00 AM -- Meeting Canceled -- += SB 65 PAY EQUITY FOR STATE EMPLOYEES Bills Previously Heard/Scheduled Mar 12 Monday Senate Finance 532 9:00 AM += HB 117 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK 2001-03-09 Senate Journal Page 0603 FINANCE (continued) Mar 13 Tuesday Senate Finance 532 9:15 AM -- Time Change -- = SB 65 PAY EQUITY FOR STATE EMPLOYEES = SB 77 NET PROFIT SHARE UNDER/OVERPAYMENTS = SB 93 ARCTIC WINTER GAMES TEAM ALASKA TRUST SB 102 SOCIAL SECURITY # & DRIVER'S LICENSES Bills Previously Heard/Scheduled Mar 13 Tuesday Senate Finance 532 6:00 PM -- Time Change -- = SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET Mar 14 Wednesday Senate Finance 532 9:00 AM = HB 117 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK + SB 99 DNA REGISTRATION OF BURGLARS SB 105 VICTIMS' RIGHTS/ PRISONER'S PFD Bills Previously Heard/Scheduled Mar 14 Wednesday Senate Finance 532 6:00 PM -- Time Change -- = SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET Mar 15 Thursday Senate Finance 532 9:00 AM SB 112 LONG-TERM CARE OMBUDSMAN;MENTAL HLTH AUTH HB 90 MUNICIPAL SCHOOL BOND REIMBURSEMENT = SB 58 ADD PHYSICIAN ASST TO STATE MEDICAL BOARD Bills Previously Heard/Scheduled Mar 16 Friday Senate Finance 532 9:00 AM University of Alaska Budget Request/ Missions and Measures Bills Previously Heard/Scheduled ---------------------------------------- 2001-03-09 Senate Journal Page 0604 HEALTH, EDUCATION & SOCIAL SERVICES Mar 10 Saturday Butrovich 205 10:30 AM -- Time Change -- += SB 120 PUBLIC SCHOOL EXIT EXAM += SB 128 PUBLIC SCHOOL EXIT EXAM TRANSITION PERIOD + SB 129 HIGH SCHOOL EXIT EXAM Uniform Rule 23 Waived + SB 133 PUBLIC SCHOOL EXIT EXAM Uniform Rule 23 Waived + Testimony from Parents, Students, Public Bills Previously Heard/Scheduled Mar 12 Monday Butrovich 205 1:30 PM += SB 133 PUBLIC SCHOOL EXIT EXAM Bills Previously Heard/Scheduled Mar 14 Wednesday Butrovich 205 1:30 PM + SB 67 ASSISTED LIVING HOMES + SB 91 ABORTION: INFORMED CONSENT;INFORMATION Bills Previously Heard/Scheduled Mar 16 Friday Butrovich 205 1:30 PM + SB 86 TEACHER EMPLOYMENT & SUBJECT EXPERTISE += SB 94 EDUCATION FUNDING Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 09 Friday Beltz 211 1:30 PM + SB 103 ELECTION CAMPAIGNS AND LEGISLATIVE ETHICS Mar 12 Monday Beltz 211 1:30 PM += SB 97 PROBATION AND PAROLE FEES Mar 14 Wednesday Beltz 211 1:30 PM + Confirmation Hearings: Eleanor Andrews, Alaska Judicial Council Dr. Colleen M. Murphy, Violent Crimes Compensation Board Ethel L. Staton, Judicial Conduct 2001-03-09 Senate Journal Page 0605 JUDICIARY (continued) Mar 16 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 13 Tuesday Beltz 211 1:30 PM += SB 37 PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE Bills Previously Heard/Scheduled Mar 15 Thursday Beltz 211 1:30 PM += SB 66 FINANCIAL INSTITUTIONS Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 09 Friday Butrovich 205 3:30 PM No Meeting Scheduled Mar 12 Monday Butrovich 205 3:30 PM No Meeting Scheduled Mar 14 Wednesday Butrovich 205 3:30 PM + Presentation on Alcan Highway Gas Pipeline Route: Ken Thompson, President, Pacific Rim Leadership Development Mar 16 Friday Butrovich 205 3:30 PM SB 121 RIGHT-OF-WAY LEASING ACT SB 125 LAND ENTRY UNDER STATE RESERVATION OF RT. SJR 15 CHILEAN FARMED SALMON HJR 10 GROUNDFISH FISHERIES AND STELLER SEA LION ---------------------------------------- STATE AFFAIRS Mar 13 Tuesday Beltz 211 3:30 PM = HCR 6 INHALANTS AND POISONS AWARENESS WEEK <Pending Referral> SB 90 OFFICE OF CITIZENSHIP ASSISTANCE = SB 92 REMOVAL OF MEMBERS OF THE PF BOARD 2001-03-09 Senate Journal Page 0606 STATE AFFAIRS (continued) Mar 15 Thursday Beltz 211 3:30 PM HB 109 VOTING IN PERSON BY ABSENTEE BALLOT SB 126 RIGHT OF ACTION FOR LEGAL SEPARATION ---------------------------------------- TRANSPORTATION Mar 13 Tuesday Butrovich 205 1:30 PM -- Rescheduled from 3/8/01 -- += SB 59 FEDERAL FUNDS TO MUNICIPALITIES FOR ROADS + SB 83 CONSTRUCTION OF HIGHWAYS BY DOTPF + SB 100 REGULATION OF AERONAUTICS + SB 119 WILLIAM R. WOOD FAIRBANKS INTL AIRPORT Mar 15 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES EDUCATION & EARLY DEVELOPMENT Mar 13 Tuesday Terry Miller 104 3:30 PM FY02 Operating Budget: Increments/Decrements ---------------------------------------- ENVIRONMENTAL CONSERVATION Mar 13 Tuesday Senate Finance 532 12:00 PM Operating Budget: Spill Prevention and Response Division Division of Air and Water Quality Environmental Health<Removed from Agenda> ---------------------------------------- 2001-03-09 Senate Journal Page 0607 FINANCE SUBCOMMITTEES (continued) LAW Mar 13 Tuesday Terry Miller 104 8:00 AM Continuation Dept of Law Overview Missions and Measures Mar 15 Thursday Terry Miller 104 8:00 AM FY02 Operating Budget Major Increments and Decrements ---------------------------------------- MILITARY AND VETERANS AFFAIRS Mar 14 Wednesday Fahrenkamp 203 3:45 PM Budget Overview/Increment Details ---------------------------------------- NATURAL RESOURCES Mar 12 Monday Senate Finance 532 12:00 PM Missions and Measures Mar 19 Monday Senate Finance 532 12:00 PM Operating Budget ---------------------------------------- PUBLIC SAFETY Mar 15 Thursday Fahrenkamp 203 3:45 PM Specific GF Increments/Decrements ---------------------------------------- REVENUE Mar 14 Wednesday Senate Finance 532 3:30 PM Operating Budget Close-out ---------------------------------------- 2001-03-09 Senate Journal Page 0608 JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Mar 13 Tuesday Capitol 102 2:45 PM -- Meeting Canceled -- Mar 20 Tuesday Capitol 102 2:45 PM + Kachemak Bay Closure to Bottom Mariculture (continued from 3/8/01) Mar 27 Tuesday Capitol 102 2:45 PM + To be announced ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS Mar 12 Monday Beltz 211 8:00 AM + Public Comment Proposed Open Meetings Guidelines ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Mar 20 Tuesday Fahrenkamp 203 12:00 PM Alaska State Troopers: Child Abuse in AK ---------------------------------------- FISH CAUCUS Mar 09 Friday Butrovich 205 12:00 PM + Impact of Fishing Gear on Marine Habitat Mar 16 Friday Butrovich 205 12:00 PM Local Area Management Plans