Legislature(2001 - 2002)

2002-01-14 Senate Journal

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2002-01-14                     Senate Journal                      Page 1931
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Monday                   January 14, 2002                      
                                                                                                    
                                  First Day                                                      
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 10:12 a.m.                                                                               
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Greg Lindsay of the                                  
Northern Light United Church. Senator Hoffman moved and asked                                       
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          Recognizing that we are not of one religious                                              
          perspective, I invite you to pause with me for a                                          
          moment of prayer and reflection honoring your                                             
          spiritual life.                                                                           
                                                                                                    
          Let us pray: Creator of all there is and will be, we                                      
          come today ready to do what You have called each of                                       
          us to do: use our talents and gifts to serve the people                                   
          of this great State.                                                                      
                                                                                                    
          Keep us ever mindful of those who are most in need:                                       
          those without financial resources, the mentally ill, the                                  
          homeless, the oldest and the youngest. Keep before                                        
          our hearts what it means to be a public servant, and                                      
          make us eager to serve.                                                                   
                                                                                                    
          Calm our fears as we begin this year. Resolve our                                         
          differences. Give to each of us a sense of urgency                                        
          that we not waste one day. Transform this body into                                       
          the greatest group of lawmakers ever assembled to                                         
          serve the people of this great State. May we always                                       
          see our work as important, but may we never take                                          
      ourselves too seriously.                                     Amen.                           

2002-01-14                     Senate Journal                      Page 1932
The following members of the Tongass Alaska Girl Scout Flag Corp                                    
presented the colors: Cadet Girl Scouts Jane Logenbaugh-Sherwood,                                   
Kelsey Skaggs and Emily Yost; Junior Girl Scouts Bekah Peterson,                                    
Megan Riley and Page Poor; Brownie Girl Scouts Shannon Riley and                                    
Lea Skaggs; and Daisy Girl Scout Brianna Helf.                                                      
                                                                                                    
The Tongass Alaska Girl Scout Flag Corp led the Senate in the Pledge                                
of Allegiance.                                                                                      
                                                                                                    
                                                                                                    
                           Appointment Confirmation                                              
                                                                                                    
Message dated August 6, 2001 to Governor Knowles from Republican                                    
members of the Alaska State Senate was received, stating:                                           
                                                                                                    
Dear Governor Knowles:                                                                              
                                                                                                    
Today members of the Senate Republican Caucus met in Anchorage                                      
and confirmed your appointment of Ben A. Stevens to the Twenty-                                     
second Alaska State Legislature for Senate District F.                                              
                                                                                                    
The President of the Senate, Senator Rick Halford, administered the                                 
oath of office the following day. A copy of the Oath of Office is                                   
enclosed.                                                                                           
                                                                                                    
Signing the letter: Senator Rick Halford, Senator John Cowdery,                                     
Senator Dave Donley, Senator Lyda Green, Senator Pete Kelly,                                        
Senator Loren Leman, Senator Randy Phillips, Senator Robin Taylor,                                  
Senator Jerry Ward, Senator Gary Wilken.                                                            
                                                                                                    
                                Oath of Office                                                     
                                                                                                    
I do solemnly swear that I will support and defend the Constitution of                              
the United States and the Constitution of the State of Alaska, and that I                           
will faithfully discharge my duties as a member of the Senate of the                                
Twenty-second Alaska State Legislature for Senate District F to the                                 
best of my ability.                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-14                     Senate Journal                      Page 1933
Dated this 7th day of August, 2001.                                                                 
                                                                                                    
/s/                                                                                                 
Ben A. Stevens                                                                                      
                                                                                                    
Subscribed and sworn to before me, the President of the Senate, this                                
7th day of August, 2001.                                                                            
                                                                                                    
/s/                                                                                                 
Rick Halford                                                                                        
                                                                                                    
President Halford appointed Senator Phillips and Senator Elton to                                   
inform the Governor that the Senate was ready to do business.                                       
                                                                                                    
President Halford appointed Senator Stevens and Senator Ellis to                                    
inform the House that the Senate was ready to do business.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the second and third legislative days of the First Special Session                              
and the Final Supplement of the First Session and First Special                                     
Session be approved as certified by the Secretary. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
                                                                                                    
                           Committee on Committees                                               
                                                                                                    
President Halford appointed Senator Stevens to replace Senator Pearce                               
on the Committee on Committees.                                                                     
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
A Declaration of Disaster Emergency dated August 10, 2001, with an                                  
accompanying letter was received and is on file in the Senate                                       
Secretary's Office. The Declaration and letter had been copied to the                               
Finance Committee.                                                                                  
                                                                                                    

2002-01-14                     Senate Journal                      Page 1934
Letter dated August 24, 2001 was received, stating:                                                 
                                                                                                    
Dear President Halford and Speaker Porter:                                                          
                                                                                                    
The purpose of this letter is to inform you that on August 24, 2001, I                              
issued an Administrative Order to provide for interim restoration of                                
the Emergency Alert System for the Northwest Arctic Borough and its                                 
communities. The radio tower and antenna for KOTZ AM, the                                           
Emergency Alert System radio station serving the northwest arctic                                   
area, was destroyed in an aircraft accident on August 13, 2001.                                     
                                                                                                    
I concur with the threat assessment performed by the Department of                                  
Military and Veterans' Affairs, Division of Emergency Services. The                                 
loss of the radio tower and antenna for KOTZ AM in Kotzebue                                         
prevents dissemination of emergency alerting information to the                                     
citizens of the Northwest Arctic Borough. If this resource is not                                   
supplemented, serious damage and threats to life, public safety, or                                 
public infrastructure could quickly escalate. The next six months are                               
the peak historical period of destructive sea storms and river flooding                             
events.                                                                                             
                                                                                                    
As the Disaster Relief Fund balance is totally obligated, I will be                                 
forwarding a  supplemental appropriations request, estimated to be not                              
more than $90,000 in the next legislative session to cover the costs of                             
this incident.                                                                                      
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
Letter dated October 25, 2001 was received, stating:                                                
                                                                                                    
Dear President Halford and Speaker Porter:                                                          
                                                                                                    
On October 23, 2001, I issued an Administrative Order to provide for                                
emergency protective measures for the City of Shishmaref. During the                                
period   October  5  through  October  7,  2001,  winds  and  high  tides                           
                                                                                                    
                                                                                                    

2002-01-14                     Senate Journal                      Page 1935
combined to erode up to 50 feet of coastline from the City of                                       
Shishmaref. Some sections of the bluff area have been undercut as                                   
much as 16 to 20 feet due to the surf melting the underlying                                        
permafrost.                                                                                         
                                                                                                    
The Department of Military and Veterans' Affairs, Division of                                       
Emergency Services and the Department of Environmental                                              
Conservation performed a threat assessment and resolution                                           
determination. This assessment found that until tidewater freezes in                                
early December, the community is under increased threat from                                        
destructive sea-surge storms that can accelerate erosion of the island's                            
sandy soils and permafrost. The highest risk areas include several                                  
homes, utility pole infrastructure, and the community tank farm. The                                
assessment team determined that some of these structures and facilities                             
will likely be destroyed in the next major storm if no action is taken. I                           
concur with this threat assessment.                                                                 
                                                                                                    
As the Disaster Relief Fund balance is totally obligated, I will be                                 
forwarding a supplemental appropriations request for the actual costs,                              
not to exceed $110,000, in the next legislative session to cover the                                
costs of emergency protective measures for the City of Shishmaref.                                  
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
A Declaration of Disaster Emergency dated November 2, 2001, with                                    
an accompanying letter was received and is on file in the Senate                                    
Secretary's Office. The Declaration and letter had been copied to the                               
Finance Committee.                                                                                  
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated January 14 was read, stating:                                                         
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session  of  the  Twenty-second  Alaska  Legislature  at  11:00 a.m. on                             
                                                                                                    

2002-01-14                     Senate Journal                      Page 1936
Tuesday, January 22 for the purpose of hearing U.S. Senator Stevens'                                
annual message to the Legislature.                                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
accept the House invitation to meet in Joint Session. Without                                       
objection, it was so ordered.                                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
SB 29                                                                                             
Memo dated October 30 was received from Rob Carpenter, Fiscal                                       
Analyst, Division of Legislative Finance, stating:                                                  
                                                                                                    
It has come to our attention that the capital appropriation on Line 21,                             
Page 71, Section 3, Chapter 61, SLA 2001, Ketchikan -                                               
Robertson/Hamilton Technical Education Complex Remodel, has an                                      
incorrect election district reference. The election districts referenced in                         
the bill are districts 3 - 4 (Juneau Area-wide) when the appropriation is                           
for a project in Ketchikan and should be referenced to election district                            
1.                                                                                                  
                                                                                                    
After conference with Legislative Legal, the conclusion is that the                                 
incorrect reference has no material effect. Legislative Legal contends                              
that the election district references are merely for information                                    
purposes and do not bind the appropriations by geography in any way.                                
                                                                                                    
Therefore, to more accurately reflect the disbursement of funding to                                
the individual election districts, our office has changed the election                              
district of this capital appropriation in our reports reflecting election                           
district data.                                                                                      
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to a Call of the Chair for a Committee on Committees                                
meeting. Without objection, the Senate recessed at 10:23 a.m.                                       
                                                                                                    

2002-01-14                     Senate Journal                      Page 1937
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 10:32 a.m.                                                                 
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
                        Committee on Committees Report                                           
                                                                                                    
January 14, 2002                                                                                    
                                                                                                    
Dear Mr. President:                                                                                 
                                                                                                    
Your Committee on Committees has met and submits to the Senate for                                  
its consideration the following changes to the original Committee on                                
Committees reports dated January 8, 2001 and January 23, 2001:                                      
                                                                                                    
Resources Committee                                                                               
       Senator Stevens replaces Senator Pearce                                                      
       Senator Wilken replaces Senator Kelly                                                        
       Senator Wilken is named Vice Chair of this Committee                                         
                                                                                                    
Labor and Commerce Committee                                                                      
       Senator Stevens replaces Senator Phillips                                                    
       Senator Stevens is named Chair of this Committee                                             
                                                                                                    
Rules Committee                                                                                   
       Senator Halford replaces Senator Pearce                                                      
       Senator Phillips is named Chair of this Committee                                            
                                                                                                    
State Affairs Committee                                                                           
       Senator Stevens replaces Senator Pearce                                                      
                                                                                                    
The report was signed by Senator Halford, Chair, Senator Kelly, Vice                                
Chair, Senators Stevens, Ward, Ellis.                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the changes                                    
to the Committee on Committees report be adopted. Without                                           
objection, it was so ordered.                                                                       
                                                                                                    

2002-01-14                     Senate Journal                      Page 1938
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 1                                                                                              
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 1 BY                                                         
SENATORS WILKEN, Taylor, Davis, entitled:                                                           
                                                                                                    
          "An Act relating to the base student allocation used in                                   
          the formula for state funding of public education; and                                    
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
SB 226                                                                                            
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 226 BY                                                       
SENATORS DONLEY, Cowdery, Phillips, entitled:                                                       
                                                                                                    
          "An Act requiring highways to be designed and                                             
          constructed so that they will adequately serve                                            
          anticipated traffic levels for the next 30 years; and                                     
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
SB 230                                                                                            
SENATE BILL NO. 230 BY SENATOR DAVIS, entitled:                                                     
                                                                                                    
          "An Act relating to recommending or refusing                                              
          psychotropic drugs as a treatment for children and to                                     
          the evaluation and treatment of children with                                             
          behavioral or psychological problems."                                                    
          (Prefile released January 4, 2002.)                                                       
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-14                     Senate Journal                      Page 1939
SB 231                                                                                            
SENATE BILL NO. 231 BY SENATORS GREEN, Elton, entitled:                                             
                                                                                                    
          "An Act relating to correctional facilities."                                             
          (Prefile released January 4, 2002.)                                                       
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs, Judiciary and Finance Committees.                                                          
                                                                                                    
SB 232                                                                                            
SENATE BILL NO. 232 BY SENATORS WILKEN, Ellis, Elton,                                               
entitled:                                                                                           
                                                                                                    
          "An Act relating to service in the peace corps as an                                      
          allowable absence from the state for purposes of                                          
          eligibility for permanent fund dividends; and                                             
          providing for an effective date."                                                         
          (Prefile released January 4, 2002.)                                                       
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services, Judiciary and Finance Committees.                                                         
                                                                                                    
SB 233                                                                                            
SENATE BILL NO. 233 BY SENATORS ELTON, Ellis, entitled:                                             
                                                                                                    
               "An Act establishing a state employee incentive                                     
          awards program."                                                                          
          (Prefile released January 11, 2002.)                                                      
                                                                                                    
was read the first time and referred to the State Affairs, Health,                                  
Education and Social Services and Finance Committees.                                               
                                                                                                    
                                                                                                    
                Introduction and Reference of Executive Orders                                   
                                                                                                    
EO 103                                                                                            
EXECUTIVE ORDER NO. 103                                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-14                     Senate Journal                      Page 1940
          Transferring from the office of the lieutenant                                            
          governor to the state archivist the responsibility for                                    
          the maintenance and legal custody of permanent files                                      
           of certified copies of regulations and orders of repeal.                                
                                                                                                    
was referred to the State Affairs Committee.                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Education and Early                                         
  Development                                                                                       
                                                                                                    
Governor's transmittal letter dated January 14:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
Under the authority of art. III, sec. 23, of the Alaska Constitution, I am                          
submitting an Executive Order transferring the long-term maintenance                                
of certified copies of regulations and orders of repeal from the                                    
lieutenant governor to the state archivist.                                                         
                                                                                                    
AS 44.62.080(2) requires the lieutenant governor to "maintain a                                     
permanent file of the certified copies of regulations and orders of                                 
repeal for public inspection." These files are currently housed in a                                
vault measuring nine feet long by eight feet wide, an inadequate space                              
for these important records on a long-term, permanent basis. This                                   
Executive  Order provides  for the transfer  of regulations on file in the                          
lieutenant governor's office for five years to the state archivist,                                 
assuring proper storage, preservation and access. The order would take                              
effect March 16, 2002.                                                                              
                                                                                                    
It is essential these records be permanently maintained and easily                                  
accessible by the public, as provided for in this Executive Order.                                  
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-14                     Senate Journal                      Page 1941
                             Unfinished Business                                                 
                                                                                                    
Senator Kelly moved and asked unanimous consent to be excused                                       
from a call of the Senate on January 18. Without objection, Senator                                 
Kelly was excused.                                                                                  
                                                                                                    
Senator Wilken moved and asked unanimous consent to be excused                                      
from a call of the Senate from afternoon plane time, January 17                                     
through afternoon plane time, January 21. Without objection, Senator                                
Wilken was excused.                                                                                 
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
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., January 16, 2002. Without                                    
objection, the Senate adjourned at 10:38 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                January 2002                        

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                                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                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Jan 17        Thursday                  Senate Finance 532            9:30 AM                     
              Overview of Possible Supplemental                                                     
              Request for FY 02                                                                     
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Jan 14        Monday                    Senate Finance 532            1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Jan 16        Wednesday                 Senate Finance 532            1:30 PM                     
+             Joint Meeting with House HESS                                                         
              Overview: Division of Public Health                                                   
              Session Initiatives                                                                   
                                                                                                    
Jan 18        Friday                    Senate Finance 532            1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Jan 17        Thursday                              Beltz 211         3:30 PM                     
              Organizational Meeting                                                                
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-01-14                     Senate Journal                      Page 1943
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Feb 05        Tuesday                         Butrovich 205           1:30 PM                     
              Lt. General Norton Schwartz Briefing                                                  
              Strategic Plan Discussion                                                             
                   ----------------------------------------                                        
                                                                                                    
                            NATURAL GAS PIPELINES                                                
                                                                                                    
Jan 16        Wednesday                       Butrovich 205          12:00 PM                     
              Natural Gas Pipeline Project Updates                                                  
              Detailed Agenda to Follow                                                             
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Jan 22        Tuesday                      House Chamber            11:00 AM                      
              U.S. Senator Ted Stevens