Legislature(2001 - 2002)
2001-03-23 Senate Journal
Full Journal pdf2001-03-23 Senate Journal Page 0781 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday March 23, 2001 Seventy-fifth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:24 a.m. The roll showed eighteen members present. Senators Austerman, Ward were excused from a call of the Senate. The prayer was offered by the Chaplain, Father Michael Nash of the Cathedral of the Nativity. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. All powerful Creator, You made the human family to Your own image and set us in the midst of a beautiful creation. Once, You chose a people and gave them a destiny, with the promise that in one corner of this great world all would be blessed, and all would be free. That people built a nation on the proposition that all are created equal and have certain inalienable rights. Here in these chambers, may equality of persons be held in the highest esteem; and may the laws and statutes enacted here always uphold freedom and promote equal opportunity. We pray You gracious God. Amen. Senator Pearce led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journal for the seventy-fourth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2001-03-23 Senate Journal Page 0782 Messages from the House SB 21 Message dated March 22 was read, stating the House passed and returned: SENATE BILL NO. 21 "An Act increasing the maximum civil fine that may be imposed by the State Medical Board as a disciplinary sanction" and adopted the Legislative Letter of Intent. The bill was referred to the Secretary for enrollment. Message dated March 22 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 22 CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) BY THE HOUSE RULES COMMITTEE, Relating to a diverse community; condemning a recent racially motivated attack; and requesting the Municipality of Anchorage police department to continue their conclusive investigation and requesting the criminal justice system to take rapid action to reach the determination of this case. was read the first time and referred to the State Affairs Committee. Communications Disclosure letters received in accordance with AS 24.60 will be published in Senate Journal Supplement No. 3 and Senate and House Joint Journal Supplement No. 6. 2001-03-23 Senate Journal Page 0783 Standing Committee Reports SB 103 The Finance Committee considered SENATE BILL NO. 103 "An Act relating to election campaigns and legislative ethics; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 103(FIN) "An Act relating to election campaigns and legislative ethics." Signing do pass: Senators Kelly, Donley, Cochairs, Senator Leman. Signing no recommendation: Senators Hoffman, Olson. The following fiscal information was published today: Fiscal Note No. 2, Department of Administration The bill was referred to the Rules Committee. SB 123 The Transportation Committee considered SENATE BILL NO. 123 "An Act relating to legislative approval for the design and construction of facilities of the Alaska Railroad Corporation" and recommended it be replaced with CS FOR SENATE BILL NO. 123(TRA) "An Act relating to legislative approval for the design and construction of facilities of the Alaska Railroad Corporation and railroad line realignment and railroad corridor projects of the Alaska Railroad Corporation." Signing do pass: Senator Cowdery, Chair. Signing no recommendation: Senators Taylor, Elton. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Finance Committee. 2001-03-23 Senate Journal Page 0784 SB 65 The Rules Committee considered SENATE BILL NO. 65 "An Act requiring a study to determine if gender is a determinant in state employee compensation." Signing to calendar: Senator Pearce, Chair, Senators Phillips, Cowdery, Therriault, Ellis. The following fiscal information was published today: Fiscal Note No. 2, Senate Rules Committee The bill is on today's calendar. HJR 10 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 10(FSH) Relating to the management of the Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries and the protection and restoration of the Steller sea lion. Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips. Signing under other recommendations: Senator Ellis. The resolution is on today's calendar. Introduction and Reference of Senate Resolutions SJR 22 SENATE JOINT RESOLUTION NO. 22 BY THE SENATE JUDICIARY COMMITTEE, Proposing an amendment to the Constitution of the State of Alaska relating to the retention elections for justices of the Alaska supreme court and judges of the superior court. was read the first time and referred to the Judiciary and Finance Committees. 2001-03-23 Senate Journal Page 0785 Introduction and Reference of Senate Bills SB 158 SENATE BILL NO. 158 BY THE SENATE RESOURCES COMMITTEE, entitled: "An Act directing the commissioner of revenue to prepare a report to the legislature relating to the state's participation in owning or financing a gas pipeline project; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 159 SENATE BILL NO. 159 BY THE SENATE JUDICIARY COMMITTEE, entitled: "An Act relating to retention elections for judges of the court of appeals." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. SB 160 SENATE BILL NO. 160 BY SENATOR TAYLOR, entitled: "An Act relating to the powers and duties of the commissioner of fish and game, the Department of Fish and Game, and the Board of Game, to certain nonresident hunters, to nuisance game animals, and to consideration of the budget of the Department of Fish and Game by the legislature; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. 2001-03-23 Senate Journal Page 0786 SB 161 SENATE BILL NO. 161 BY THE SENATE JUDICIARY COMMITTEE, entitled: "An Act relating to the withholding of salary of justices, judges, and magistrates; relating to requiring prompt decisions by justices, judges, and magistrates; and relating to judicial retention elections for judicial officers." was read the first time and referred to the Judiciary Committee. SB 162 SENATE BILL NO. 162 BY THE SENATE JUDICIARY COMMITTEE, entitled: "An Act relating to the Wildlife Violator Compact." was read the first time and referred to the Resources and Finance Committees. SB 163 SENATE BILL NO. 163 BY SENATORS LINCOLN, Davis, Ellis, Hoffman, Elton, entitled: "An Act relating to the commission of a crime when the defendant directed the conduct constituting the crime at the victim based on the victim's race, sex, color, creed, physical or mental disability, sexual orientation, ancestry, or national origin." was read the first time and referred to the State Affairs and Judiciary Committees. SB 164 SENATE BILL NO. 164 BY SENATORS TORGERSON, Halford, Pearce, Leman, Donley, Kelly, Phillips, Taylor, Green, Wilken, Ward, Austerman, Cowdery, Therriault, Davis, Ellis, Elton, Hoffman, Lincoln, Olson, entitled: 2001-03-23 Senate Journal Page 0787 "An Act prohibiting leases under the Right-of-Way Leasing Act on state land in or adjacent to the Beaufort Sea; and providing for an effective date." was read the first time and referred to the Resources Committee. Consideration of the Calendar Second Reading of Senate Bills SB 65 SENATE BILL NO. 65 "An Act requiring a study to determine if gender is a determinant in state employee compensation" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 633. Without objection, CS FOR SENATE BILL NO. 65(FIN) "An Act requiring a study regarding equal pay for equal work of certain state employees" was adopted and read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. Senator Pearce moved and asked unanimous consent to be shown as a cosponsor on the bill. Without objection, it was so ordered. CS FOR SENATE BILL NO. 65(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 65(FIN) "An Act requiring a study regarding equal pay for equal work of certain state employees" pass the Senate?" The roll was taken with the following result: 2001-03-23 Senate Journal Page 0788 CSSB 65(FIN) Third Reading - Final Passage YEAS: 17 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Davis, Donley, Ellis, Elton, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Wilken Nays: Green Excused: Austerman, Ward and so, CS FOR SENATE BILL NO. 65(FIN) passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Resolutions HJR 10 CS FOR HOUSE JOINT RESOLUTION NO. 10(FSH) Relating to the management of the Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries and the protection and restoration of the Steller sea lion, was read the second time. Senator Leman moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 10(FSH) was read the third time. The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 10(FSH) Relating to the management of the Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries and the protection and restoration of the Steller sea lion, pass the Senate?" The roll was taken with the following result: 2001-03-23 Senate Journal Page 0789 CSHJR 10(FSH) Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Wilken Excused: Austerman, Ward and so, CS FOR HOUSE JOINT RESOLUTION NO. 10(FSH) passed the Senate, was signed by the President and Secretary and returned to the House. Citations Commemorating - National Correctional Officers Week, May 6 - 12, 2001 Senator(s) Torgerson, Wilken, Hoffman, Pearce, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman, Leman, Ellis Honoring - Azella Perryman, Alaskan Student of the Year Senator(s) Leman, Davis, Donley, Wilken, Hoffman, Pearce, Elton, Green, Kelly, Taylor, Austerman, Ellis, Lincoln Honoring - August G. "Augie" Hiebert, Alaskan of the Year Senator(s) Leman, Phillips, Donley, Wilken, Hoffman, Pearce, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman, Ellis Honoring - Domenik Sweat Representative(s) Whitaker Senator(s) Kelly, Wilken, Hoffman, Pearce, Elton, Green, Davis, Lincoln, Taylor, Austerman, Leman Honoring - Douglas Penn Representative(s) Harris Senator(s) Lincoln, Wilken, Hoffman, Pearce, Elton, Green, Davis, Kelly, Taylor, Austerman, Leman 2001-03-23 Senate Journal Page 0790 Honoring - Matthew Sharp, Eagle Scout Representative(s) Harris Senator(s) Lincoln, Phillips, Wilken, Hoffman, Pearce, Elton, Green, Davis, Kelly, Taylor, Austerman, Leman, Ellis In Memoriam - William Alex Stolt Senator(s) Leman, Halford, Phillips, Donley, Wilken, Hoffman, Pearce, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman In Memoriam - Arnold "Arne" Espe Representative(s) Bunde Senator(s) Cowdery, Phillips, Donley, Wilken, Hoffman, Pearce, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman, Leman In Memoriam - Mary Ann Dineen Representative(s) Harris Senator(s) Lincoln, Wilken, Hoffman, Pearce, Elton, Green, Davis, Kelly, Taylor, Austerman, Leman 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 Reconsideration of House Resolutions HCR 7 Senator Kelly requested that the reconsideration on CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) am Relating to proclaiming April 2001 as Sexual Assault Awareness Month, be taken up. The resolution was before the Senate on reconsideration. Senator Kelly offered Amendment No. 1 : Page 1, line 7, following "in": Delete "their lives" Insert "her life" 2001-03-23 Senate Journal Page 0791 Page 1, line 11, following "one": Delete "are" Insert "is" Page 1, line 16, following "childhood": Insert "innocence" Page 2, line 8, following "effects on our": Insert "families and" Page 2, line 9, following "WHEREAS it": Delete "would be" Insert "is" Page 2, line 17, following "urges": Insert "secondary" Page 2, line 20, following "Alaska": Insert "and how it can be combated" Senator Kelly moved for the adoption of Amendment No. 1. Senator Ellis objected. Senator Leman moved and asked unanimous consent that the reconsideration on CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) am, with Amendment No. 1 pending, be held to the March 26 calendar. Without objection, it was so ordered. Reconsideration of House Bills HB 100 Senator Ellis requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 100(STA) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR HOUSE BILL NO. 100(STA) "An Act establishing the third Saturday of each June as Juneteenth Day" pass the Senate?" The roll was taken with the following result: 2001-03-23 Senate Journal Page 0792 SCS HB 100(STA) Third Reading - On Reconsideration YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Wilken Excused: Austerman, Ward and so, SENATE CS FOR HOUSE BILL NO. 100(STA) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 65 CS FOR SENATE BILL NO. 65(FIN) "An Act requiring a study regarding equal pay for equal work of certain state employees" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 100 SENATE CS FOR HOUSE BILL NO. 100(STA) "An Act establishing the third Saturday of each June as Juneteenth Day" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2001-03-23 Senate Journal Page 0793 Enrollment SJR 6 HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 6(FIN) Urging the Congress of the United States to provide federal education funds as a block grant to the state, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 1:50 p.m., March 23, 2001. Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 26, 2001. Without objection, the Senate adjourned at 12:18 p.m. Heidi Vogel Secretary of the Senate March 2001 2001-03-23 Senate Journal Page 0794 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 + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Mar 23 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 26 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 28 Wednesday Fahrenkamp 203 1:30 PM + HB 118 SR. CIT./VETERAN PROPERTY TAX EXEMPTION + HB 156 MUNICIPAL DEBT FOR DEVELOPMENT PROJECTS Mar 30 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 23 Friday Senate Finance 532 9:00 AM HB 103 APPROP: OPERATING BUDGET <Above Item Removed from Agenda> HB 104 APPROP: MENTAL HEALTH BUDGET <Above Item Removed from Agenda> = SB 4 MUNICIPAL PROPERTY TAX EXEMPTION = SB 103 ELECTION CAMPAIGNS AND LEGISLATIVE ETHICS Bills Previously Heard/Scheduled 2001-03-23 Senate Journal Page 0795 FINANCE (continued) Mar 26 Monday Senate Finance 532 6:00 PM -- Time Change -- + SB 133 PUBLIC SCHOOL EXIT EXAM += SB 88 METROPOLITAN PLANNING ORGANIZATIONS Bills Previously Heard/Scheduled Mar 27 Tuesday Senate Finance 532 6:00 PM -- Time Change -- SB 136 RESOURCE DEVELOPMENT: BD./GRANTS/FUND SB 59 FEDERAL FUNDS TO MUNICIPALITIES FOR ROADS Bills Previously Heard/Scheduled Mar 28 Wednesday Senate Finance 532 9:00 AM SB 37 PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE SB 143 RIGHT-OF-WAY LEASING ACT:APPLICATION COST SB 123 LEGISLATIVE APPROVAL:RAILROAD FACILITIES SB 104 AID TO VOLUNTEER SERVICES Bills Previously Heard/Scheduled Mar 28 Wednesday Senate Finance 532 6:00 PM -- Time Change -- Bills Previously Heard/Scheduled Mar 29 Thursday Senate Finance 532 9:00 AM University of Alaska Budget Closeout- Committee of the Whole Bills Previously Heard/Scheduled Mar 30 Friday Senate Finance 532 9:00 AM = HB 103 APPROP: OPERATING BUDGET = HB 104 APPROP: MENTAL HEALTH BUDGET Budget Subcommittee Reports -- no public testimony -- -- no testimony by invitation -- Bills Previously Heard/Scheduled ---------------------------------------- 2001-03-23 Senate Journal Page 0796 HEALTH, EDUCATION & SOCIAL SERVICES Mar 26 Monday Butrovich 205 1:30 PM No Meeting Scheduled Mar 28 Wednesday Butrovich 205 1:30 PM + AK Association School Administrators + SJR 21 EXTEND FEDERAL TANF GRANTS + SB 154 REPEAL SUNSET OF MENTAL HEALTH ASSISTANCE + SB 1 FOUNDATION FORMULA INCREASE Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 23 Friday Beltz 211 1:30 PM No Meeting Scheduled Mar 26 Monday Beltz 211 2:00 PM -- Time Change -- += HB 34 RULE AGAINST PERPETUITIES + SB 145 VILLAGE PUB.SAFETY OFFICER PROGRAM Mar 28 Wednesday Beltz 211 1:30 PM + HB 24 BOROUGH REVENUES FOR TOURISM MARKETING Mar 30 Friday Beltz 211 1:30 PM + SB 60 FARM OPERATIONS:DISCLOSURE /NUISANCES ---------------------------------------- LABOR & COMMERCE Mar 27 Tuesday Beltz 211 1:30 PM + HB 150 INSURANCE PREMIUMS FOR RENTAL VEHICLES Mar 29 Thursday Beltz 211 1:30 PM += SB 66 FINANCIAL INSTITUTIONS ---------------------------------------- 2001-03-23 Senate Journal Page 0797 RESOURCES Mar 23 Friday Butrovich 205 3:30 PM No Meeting Scheduled Mar 26 Monday Butrovich 205 3:30 PM No Meeting Scheduled Mar 28 Wednesday Butrovich 205 3:30 PM + SB 156 BEST INTEREST FINDING UNDER AK LAND ACT + SB 158 REPORT:STATE PARTICIPATE IN NAT GAS PIPE. + SB 164 NO GAS PIPELINE OVER BEAUFORT SEA Mar 30 Friday Butrovich 205 3:30 PM += SB 121 RIGHT-OF-WAY LEASING ACT + SB 148 REMOTE WATER STORAGE FOR FIRE DEPARTMENTS + SB 153 UNDERGROUND STORAGE TANK LOAN FUND ---------------------------------------- RULES Mar 27 Tuesday Fahrenkamp 203 10:45 AM SJR 15 CHILEAN FARMED SALMON ---------------------------------------- STATE AFFAIRS Mar 27 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Mar 29 Thursday Beltz 211 3:30 PM SB 147 STATE GOVERNMENT ACTIVITIES Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Mar 27 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 29 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2001-03-23 Senate Journal Page 0798 FINANCE SUBCOMMITTEES COMMUNITY AND ECONOMIC DEVELOPMENT Mar 27 Tuesday Senate Finance 532 3:30 PM -- Rescheduled from 3/22/01 -- Budget Closeout ---------------------------------------- COURT SYSTEM Mar 27 Tuesday Terry Miller 104 12:00 PM + Budget Closeout ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 28 Wednesday Terry Miller 104 5:00 PM Budget Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 26 Monday Senate Finance 532 12:00 PM Budget Closeout ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT Mar 27 Tuesday Fahrenkamp 203 5:00 PM -- Rescheduled from 3/20/01 -- Budget Closeout ---------------------------------------- LAW Mar 27 Tuesday Terry Miller 104 8:00 AM Budget Closeout ---------------------------------------- MILITARY AND VETERANS AFFAIRS Mar 28 Wednesday Fahrenkamp 203 8:00 AM Budget Closeout 2001-03-23 Senate Journal Page 0799 FINANCE SUBCOMMITTEES (continued) NATURAL RESOURCES Mar 27 Tuesday Beltz 211 5:00 PM -- Time and Location Change -- Budget Closeout ---------------------------------------- PUBLIC SAFETY Mar 29 Thursday Fahrenkamp 203 8:00 AM Budget Closeout ---------------------------------------- SENATE BILL 48 Mar 26 Monday Senate Finance 532 4:00 PM + SB 48 MUNICIPALITIES: PROPERTY VALUATION Public Testimony ---------------------------------------- SPECIAL COMMITTEES WORLD TRADE AND STATE/FEDERAL RELATIONS Mar 27 Tuesday House Finance 519 8:30 AM Joint w/House Economic Development Trade and Tourism Northwest Territories Delegation: Partnership Opportunities for Economic Development ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Mar 27 Tuesday Capitol 102 2:45 PM + Review of proposed/approved regulations + Proposed Pioneers' Homes rate increases Apr 03 Tuesday Capitol 102 2:45 PM + To Be Announced 2001-03-23 Senate Journal Page 0800 ADMINISTRATIVE REGULATION REVIEW (continued) Apr 10 Tuesday Capitol 102 2:45 PM + To Be Announced ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Mar 29 Thursday House Finance 519 12:00 PM Executive Session: Final Audit Reports Audit Reports, Audit Requests ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Mar 27 Tuesday Fahrenkamp 203 12:00 PM -- Teleconference <Listen Only> -- + Victims for Justice: Grief Recovery for Children and Adults Apr 03 Tuesday Fahrenkamp 203 12:00 PM + Child Abuse Prevention Network ---------------------------------------- FISH CAUCUS Mar 23 Friday Butrovich 205 12:00 PM + Dept of Fish & Game's use of commercial test fisheries ---------------------------------------- JOINT SESSION Apr 11 Wednesday House Chamber 11:00 AM US Senator Ted Stevens' Annual Message