Legislature(2001 - 2002)

2001-03-27 Senate Journal

Full Journal pdf

2001-03-27                     Senate Journal                      Page 0817
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                   March 27, 2001                       
                                                                                                    
                              Seventy-ninth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:21 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Ward was absent.                                  
                                                                                                    
The prayer was offered by the Chaplain, The Reverend C. Ronald                                      
Covey of the Douglas Community United Methodist Church. Senator                                     
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          God of wonders, creator of the world of beauty about                                      
          us, of soaring eagles and snowcapped mountains, of                                        
          great waters and green forests, we thank You for                                          
          these blessings that lift us mentally and spiritually                                     
          and challenge us physically. Grant that, in our own                                       
          way, we may be part of Your creative process. From                                        
          our work in these sessions, may there come forth                                          
          programs and agencies to nurture minds and spirits                                        
          and to minister to the physical needs of our people.                                      
          May we, with You, Lord, look upon the world and                                           
    declare, "It is good."                                          Amen.                          
                                                                                                    
Senator Kelly led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the seventy-eighth legislative day be approved as certified by the                              
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    

2001-03-27                     Senate Journal                      Page 0818
                           Messages from the House                                               
                                                                                                    
HB 100                                                                                            
Message dated March 26 was read, stating the House concurred in the                                 
Senate amendment to HOUSE BILL NO. 100, thus adopting:                                              
                                                                                                    
                    SENATE CS FOR HOUSE BILL NO. 100(STA)                                          
             "An Act establishing the third Saturday of each June                                  
          as Juneteenth Day."                                                                       
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated March 26 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 72                                                                                             
HOUSE BILL NO. 72 am BY THE HOUSE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
            "An Act relating to an assistant adjutant general for                                  
                space and missile defense in the Department of                                     
          Military and Veterans' Affairs."                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 137                                                                                            
HOUSE BILL NO. 137 BY THE HOUSE SPECIAL COMMITTEE                                                   
ON MILITARY AND VETERANS' AFFAIRS, entitled:                                                        
                                                                                                    
             "An Act relating to records of veterans of the armed                                  
          forces; and providing for an effective date."                                             
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-03-27                     Senate Journal                      Page 0819
                          Standing Committee Reports                                             
                                                                                                    
SB 88                                                                                             
The Finance 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                                
Donley, Cochair, Senators Green, Leman. Signing no                                                  
recommendation: Senator Kelly, Cochair, Senator Wilken. Signing do                                  
not pass: Senators Hoffman, Olson.                                                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
  Facilities                                                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 133                                                                                            
The Finance Committee considered 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." Signing do pass: Senators Kelly, Donley,                                    
Cochairs, Senators Hoffman, Leman, Green, Olson. Signing no                                         
recommendation: Senator Wilken.                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 34                                                                                             
The Judiciary Committee considered SPONSOR SUBSTITUTE FOR                                           
HOUSE BILL NO. 34 "An Act relating to the statutory rule against                                    
perpetuities, to nonvested property interests and trusts, and to the                                
suspension of the power of alienation of property; and providing for an                             
effective date." Signing do pass: Senator Taylor, Chair, Senators                                   
Cowdery, Therriault.                                                                                
                                                                                                    

2001-03-27                     Senate Journal                      Page 0820
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to Rules Committee.                                                           
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Carl C. Behnert                                                                          
Representative(s) Kerttula, Hudson                                                                  
Senator(s) Elton, Pearce, Hoffman, Wilken, Leman, Green, Davis,                                     
Kelly, Lincoln, Taylor, Austerman, Olson, Halford                                                   
                                                                                                    
Honoring - Niall Bo Johnson                                                                         
Representative(s) Kerttula, Hudson                                                                  
Senator(s) Elton, Pearce, Hoffman, Wilken, Leman, Green, Davis,                                     
Kelly, Lincoln, Taylor, Austerman, Olson, Halford                                                   
                                                                                                    
Honoring - John R. Magalotti                                                                        
Representative(s) Kerttula, Hudson                                                                  
Senator(s) Elton, Pearce, Hoffman, Wilken, Leman, Green, Davis,                                     
Kelly, Lincoln, Taylor, Austerman, Olson, Halford                                                   
                                                                                                    
Honoring - Dr. Jo Ann McDowell                                                                      
Representative(s) Harris                                                                            
Senator(s) Lincoln, Pearce, Hoffman, Wilken, Leman, Elton, Green,                                   
Davis, Kelly, Taylor, Austerman, Olson, Halford                                                     
                                                                                                    
In Memoriam - Steve Primis                                                                          
Senator(s) Halford, Phillips, Pearce, Hoffman, Donley, Wilken,                                      
Leman, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman,                                      
Olson                                                                                               
Representative(s) Dyson, Berkowitz                                                                  
                                                                                                    
In Memoriam - Walter J. Coty                                                                        
Representative(s) Coghill                                                                           
Senator(s) Kelly, Pearce, Hoffman, Wilken, Leman, Elton, Green,                                     
Davis, Lincoln, Taylor, Austerman, Olson, Halford                                                   
                                                                                                    

2001-03-27                     Senate Journal                      Page 0821
In Memoriam - Paul E. Drake                                                                         
Representative(s) Coghill                                                                           
Senator(s) Kelly, Pearce, Hoffman, Wilken, Leman, Elton, Green,                                     
Davis, Lincoln, Taylor, Austerman, Olson, Halford                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the citations                                  
be adopted. Without objection, the citations were adopted and referred                              
to the Secretary for transmittal.                                                                   
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Kelly moved and asked unanimous consent to be excused                                       
from a call of the Senate on March 30. Without objection, Senator                                   
Kelly was excused.                                                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that Senator                                        
Ward be excused from a call of the Senate on March 27. Without                                      
objection, Senator Ward was excused.                                                                
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
HB 103                                                                                            
Senator Donley, Cochair, moved and asked unanimous consent that                                     
Uniform Rule 23 be waived on CS FOR HOUSE BILL NO.                                                  
103(FIN)(brf sup maj fld) "An Act making appropriations for the                                     
operating and loan program expenses of state government, for certain                                
programs, and to capitalize funds; and providing for an effective date"                             
for the Finance Committee meeting on March 31. Without objection, it                                
was so ordered.                                                                                     
                                                                                                    
HB 104                                                                                            
Senator Donley, Cochair, moved and asked unanimous consent that                                     
Uniform Rule 23 be waived on CS FOR HOUSE BILL NO. 104(FIN)                                         
"An Act making appropriations for the operating and capital expenses                                
of the state's integrated comprehensive mental health program; and                                  
providing for an effective date" for the Finance Committee meeting on                               
March 31. Without objection, it was so ordered.                                                     
                                                                                                    

2001-03-27                     Senate Journal                      Page 0822
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., March 28, 2001. Without                                      
objection, the Senate adjourned at 11:43 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2001                         

2001-03-27                     Senate Journal                      Page 0823
                                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 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 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                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2001-03-27                     Senate Journal                      Page 0824
                             FINANCE (continued)                                                 
                                                                                                    
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                                                      
                                                                                                    
Mar 31        Saturday                  Senate Finance 532          10:00 AM                      
+= HB 103 APPROP: OPERATING BUDGET                                                                  
              Uniform Rule 23 Waived                                                                
+= HB 104 APPROP:  MENTAL HEALTH BUDGET                                                             
              Uniform Rule 23 Waived                                                                
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
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 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                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-03-27                     Senate Journal                      Page 0825
                               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                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
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                                                                  

2001-03-27                     Senate Journal                      Page 0826
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                ADMINISTRATION                                                   
                                                                                                    
Mar 29        Thursday                              Beltz 211         7:00 AM                     
              Budget Closeout                                                                       
                        ----------------------------------------                                    
                                                                                                    
                      COMMUNITY AND ECONOMIC DEVELOPMENT                                         
                                                                                                    
Mar 27        Tuesday                   Senate Finance 532            3:30 PM                     
              -- Rescheduled from 3/22/01 --                                                        
              Budget Closeout                                                                       
                        ----------------------------------------                                    
                                                                                                    
                                 CORRECTIONS                                                     
                                                                                                    
Mar 29        Thursday                              Beltz 211         8:00 AM                     
              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                                                                       
                        ----------------------------------------                                    
                                                                                                    
                        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                                                                       
                        ----------------------------------------                                    
                                                                                                    

2001-03-27                     Senate Journal                      Page 0827
                      FINANCE SUBCOMMITTEES (continued)                                          
                                                                                                    
                        MILITARY AND VETERANS AFFAIRS                                            
                                                                                                    
Mar 28        Wednesday                    Fahrenkamp 203             8:00 AM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                              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                                                                       
                   ----------------------------------------                                        
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Mar 29        Thursday                              Beltz 211         7:30 AM                     
              Budget Closeout                                                                       
                   ----------------------------------------                                        
                                                                                                    
                              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                                               

2001-03-27                     Senate Journal                      Page 0828
                 ADMINISTRATIVE REGULATION REVIEW (continued)                                    
                                                                                                    
Apr 03        Tuesday                            Capitol 102          2:45 PM                     
+             To Be Announced                                                                       
                                                                                                    
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                                                         
                                                                                                    
Apr 02        Monday                     House Finance 519           12:00 PM                     
              Presentation by Gail Phillips:                                                        
              Regional Learning Center Study                                                        
                   ----------------------------------------                                        
                                                                                                    
                                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 30        Friday                          Butrovich 205          12:00 PM                     
              Overview of Salmon Hatcheries                                                         
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 11        Wednesday                    House Chamber            11:00 AM                      
              US Senator Ted Stevens' Annual Message