Legislature(2001 - 2002)
2002-01-30 Senate Journal
Full Journal pdf2002-01-30 Senate Journal Page 2061 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday January 30, 2002 Seventeenth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:10 a.m. The roll showed seventeen members present. Senators Donley, Kelly, Therriault were absent. The prayer was offered by the Chaplain, Major Larry Fankhauser of The Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God: this is the day the Lord has made, we will rejoice and be glad in it. As one nation under God, we pray that all the Senators gathered here this day would come with keen mind, clear thought and purposeful direction. Alaska is a state of vast areas and peoples of many creeds, colors and origins, yet with insight and wisdom that comes from a power higher than us, we trust that the welfare and good of all will be realized, and when this day ends we can find peaceful rest. All this I pray in Jesus' Name. Amen. Senator Phillips led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journals for the fifteenth and sixteenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 2002-01-30 Senate Journal Page 2062 The presence of Senators Donley, Kelly was noted. Messages from the House Message dated January 28 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 12 HOUSE CONCURRENT RESOLUTION NO. 12 BY REPRESENTATIVES MOSES, Stevens, Williams, Relating to the preservation of employment opportunities for United States longshoremen with respect to unloading and loading of foreign vessels. was read the first time and referred to the Labor and Commerce Committee. Communications The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: Unabridged 2001 Annual Report Condensed 2001 Annual Report Department of Public Safety, Council on Domestic Violence and Sexual Assault, October 31, 2001 Department of Public Safety, Division of Fish and Wildlife Protection Aircraft Section, Various Issues, November 5, 2001 2002-01-30 Senate Journal Page 2063 Department of Community and Economic Development, Board of Dispensing Opticians (Sunset Review), September 20, 2001 President Halford referred the report to the Labor and Commerce Committee. Department of Community and Economic Development Regulatory Commission of Alaska (Sunset Review), November 28, 2001 President Halford referred the report to the Labor and Commerce Committee. Board of Governors of the Alaska Bar Association (Sunset Review), November 30, 2001 President Halford referred the report to the Judiciary Committee. Disclosure letters received in accordance with AS 24.60 will be published in Senate Journal Supplement No. 6 and House and Senate Joint Journal Supplement No. 11. Standing Committee Reports HB 162 The Health, Education and Social Services Committee considered HOUSE BILL NO. 162 "An Act relating to absences from the state under the longevity bonus program." Signing do pass: Senator Green, Chair, Senators Ward, Davis, Leman, Wilken. The following fiscal information was published today: Fiscal Note No. 2, Department of Administration The bill was referred to the State Affairs Committee. 2002-01-30 Senate Journal Page 2064 HB 334 The Rules Committee considered CS FOR HOUSE BILL NO. 334(FIN) "An Act making appropriations for a grant to Arctic Power to promote the opening of the Arctic National Wildlife Refuge for oil and gas exploration and development; and providing for an effective date." Signing to calendar: Senator Phillips, Chair, Senators Cowdery, Halford. The bill is on today's calendar. HCR 22 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 22 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. Signing to calendar: Senator Phillips, Chair, Senators Halford, Cowdery. The resolution is on today's calendar. Introduction and Reference of Senate Bills SB 260 SENATE BILL NO. 260 BY SENATOR PHILLIPS, entitled: "An Act relating to historic and antique motor vehicles; and providing for an effective date." was read the first time and referred to the Transportation Committee. SB 261 SENATE BILL NO. 261 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to capital projects for deferred maintenance, replacement, modification, and expansion of state facilities; relating to leases to secure financing for those projects; relating to the issuance of certificates of participation to finance those projects for certain capital facilities owned by the state; giving notice of and approving the entry into, and the issuance of certificates of participation in, lease-financing agreements for those projects; and providing for an effective date." 2002-01-30 Senate Journal Page 2065 was read the first time and referred to the Judiciary and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue Governor's transmittal letter dated January 28: Dear President Halford: I am transmitting to you a bill authorizing a $136 million financing plan to address the highest priority deferred maintenance needs for state facilities, including Pioneers' Homes, prisons, and office buildings. It takes a major step toward addressing the concerns raised in 1998 by the Legislative Deferred Maintenance Task Force. Budget cuts to building operation and maintenance budgets since the mid-1980's, combined with inadequate capital funding for major maintenance and renovation projects, have led to continued deterioration of state buildings. These facilities are in serious need of repair, major maintenance, and in some cases, replacement to maintain and extend their useful lives, to comply with the Americans with Disabilities Act, and to protect the safety of employees and the public. Some state buildings have deteriorated to the point of endangering the safety and health of employees and the public. For example, areas of the Juneau State Office Building lobby were recently roped off because concrete roof pieces were falling to the floor. In Anchorage, both the Pioneers' Home and the Boney Court Building have electrical and fire code violations that create a safety hazard to building occupants. The Fairbanks Pioneers' Home also has similar electrical and fire code violations. In 1998, the Legislative Deferred Maintenance Task Force determined that deferred maintenance on state owned buildings, not including the University of Alaska, totaled over $169 million. Because of budget constraints, little funding has been provided in the last several years to address deferred maintenance in state owned buildings except for the University. With the lack of funding, facilities have continued to 2002-01-30 Senate Journal Page 2066 deteriorate, increasing the deferred maintenance total to over $200 million. The legislative task force recommended that necessary deferred maintenance projects be financed through debt financing. The magnitude of the expenditures required to accomplish these essential facility repairs is too great to accommodate in a single year's capital budget. This legislation uses certificates of participation, which are available now at extremely low interest rates that are among the lowest in the last twenty years. Annual debt service on these bonds will be approximately $12.8 million per year over a term of 15 years. This investment will be a major step toward eliminating the deferred maintenance backlog. This bill also finances the replacement or expansion of several key facilities. The Juneau National Guard Armory needs to be relocated; funding is provided in this bill to construct a combined armory and University of Alaska facility. The bill also provides funding for a badly needed renovation and expansion of the Nome Youth Detention Facility. The bill would authorize partial funding, to be matched with federal monies, for construction of housing for Alaska veterans requiring an assisted living situation that cannot be provided by a Pioneers' Home. A Veterans Housing and Health Needs Survey, previously requested, would determine the population to be served, the level of care, and facility requirements. The introduction of this deferred maintenance legislation, combined with general obligation bonds for school construction and major maintenance, revenue bonds for accelerated construction of transportation projects (GARVEE's), and amendments to the harbor bonds bill from last year, completes my agenda for debt financing of capital construction projects. I encourage your support of this important legislation, which implements a responsible plan for funding essential deferred maintenance projects for state facilities. Sincerely, /s/ Tony Knowles Governor 2002-01-30 Senate Journal Page 2067 SB 262 SENATE BILL NO. 262 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making capital appropriations and a special appropriation for the purpose of performing deferred maintenance, replacement, modification, and expansion of capital facilities owned by the state; and providing for an effective date." was read the first time and referred to the Finance Committee. Governor's transmittal letter dated January 28: Dear President Halford: I am transmitting to you today an appropriation bill which is the companion to the bill authorizing $136 million in certificates of participation for deferred maintenance repairs to state facilities. This bill appropriates the proceeds of the certificates of participation to the appropriate departments for completion of the highest priority deferred maintenance projects. I encourage your support of this financing package to address the significant deferred maintenance backlog. Sincerely, /s/ Tony Knowles Governor SB 263 SENATE BILL NO. 263 BY SENATOR LEMAN, entitled: "An Act relating to the subsequent acquisition of title to, or an interest in, real property by a person to whom the property has purportedly been granted in fee or fee simple; and providing for an effective date." 2002-01-30 Senate Journal Page 2068 was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 264 SENATE BILL NO. 264 BY SENATOR GREEN, entitled: "An Act relating to a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, Health, Education and Social Services and Finance Committees. SB 265 SENATE BILL NO. 265 BY SENATORS OLSON, Leman, Wilken, entitled: "An Act relating to physician assistants; providing that a physician assistant is a health care provider covered by certain laws relating to medical malpractice actions; adding physician assistants to the list of providers against whom unfair discrimination relating to health care insurance is prohibited and to the list of providers who can provide proof of disablement or handicap for the purpose of obtaining a special parking permit; and providing for an effective date." was read the first time and referred to the Transportation and Labor and Commerce Committees. SB 266 SENATE BILL NO. 266 BY SENATORS STEVENS, Lincoln, Elton, entitled: "An Act authorizing the commissioner of community and economic development to refinance and extend the term of a fishery enhancement loan." 2002-01-30 Senate Journal Page 2069 was read the first time and referred to the Labor and Commerce, Resources and Finance Committees. Consideration of the Calendar Second Reading of House Bills HB 334 CS FOR HOUSE BILL NO. 334(FIN) "An Act making appropriations for a grant to Arctic Power to promote the opening of the Arctic National Wildlife Refuge for oil and gas exploration and development; and providing for an effective date" was read the second time. Amendment No. 1 was not offered. Senator Leman moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 334(FIN) was read the third time. Senator Taylor rose to a point of order. President Halford ruled the point well taken. The question being: "Shall CS FOR HOUSE BILL NO. 334(FIN) "An Act making appropriations for a grant to Arctic Power to promote the opening of the Arctic National Wildlife Refuge for oil and gas exploration and development; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 334(FIN) Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Cowdery, Davis, Donley, Green, Halford, Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor, Torgerson, Ward, Wilken Nays: Austerman, Ellis, Elton, Lincoln Absent: Therriault 2002-01-30 Senate Journal Page 2070 and so, CS FOR HOUSE BILL NO. 334(FIN) passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Elton gave notice of reconsideration. Second Reading of House Resolutions HCR 22 HOUSE CONCURRENT RESOLUTION NO. 22 was read the second time and was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 22 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days, pass the Senate?" The roll was taken with the following result: HCR 22 Second Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Torgerson, Ward, Wilken Absent: Kelly, Therriault and so, HOUSE CONCURRENT RESOLUTION NO. 22 passed the Senate, was signed by the President and Secretary and returned to the House. Citations th Honoring - Wanda Fields, 80 Birthday Senator(s) Austerman, Wilken, Taylor, Kelly, Lincoln, Green, Davis, Halford, Elton, Hoffman, Leman, Stevens, Ward Representative(s) Stevens 2002-01-30 Senate Journal Page 2071 Honoring - Jesse Frankson Representative(s) Joule Senator(s) Olson, Wilken, Taylor, Austerman, Kelly, Lincoln, Green, Davis, Halford, Elton, Hoffman, Leman, Stevens Honoring - The 2001 State Football Champions, The Dimond High Lynx Representative(s) McGuire Senator(s) Cowdery, Ward, Wilken, Taylor, Austerman, Kelly, Lincoln, Green, Davis, Halford, Elton, Hoffman, Leman, Stevens, Donley Honoring - Tony and Debbie Cortes Representative(s) Stevens Senator(s) Austerman, Wilken, Taylor, Kelly, Lincoln, Green, Davis, Halford, Elton, Hoffman, Leman, Stevens Honoring - Ernest E. Hall Representative(s) Halcro Senator(s) Phillips, Wilken, Taylor, Austerman, Kelly, Lincoln, Green, Davis, Halford, Elton, Hoffman, Ellis, Leman, Stevens, Donley In Memoriam - Peter Mark Representative(s) Morgan Senator(s) Lincoln, Wilken, Taylor, Austerman, Kelly, Green, Davis, Halford, Elton, Hoffman, Leman, Stevens In Memoriam - Barrow Morgan Representative(s) Foster Senator(s) Olson, Wilken, Taylor, Austerman, Kelly, Lincoln, Green, Davis, Halford, Elton, Hoffman, Leman, Stevens 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. 2002-01-30 Senate Journal Page 2072 Unfinished Business SB 175 President Halford added a Finance Committee referral to SENATE BILL NO. 175 "An Act providing municipalities with the authority to protest or to recommend conditions on the issuance and renewal of charitable gaming permits and requiring the Department of Revenue to deny or condition the license or permit unless the protest or conditions are arbitrary, capricious, or unreasonable, or the conditions conflict with state law." The bill was referred to the Labor and Commerce, then Finance Committees. Senator Wilken moved and asked unanimous consent to be excused from the Senate, not subject to a call, from afternoon plane time, February 1 through morning plane time, February 4. Without objection, Senator Wilken was excused. Senator Cowdery moved and asked unanimous consent to be excused from a call of the Senate on February 21 and 22. Without objection, Senator Cowdery was excused. Senator Leman moved and asked unanimous consent to be excused from a call of the Senate from afternoon plane time on February 1. Without objection, Senator Leman was excused. Senator Hoffman moved and asked unanimous consent to be excused from a call of the Senate on March 29. Without objection, Senator Hoffman was excused. Announcements Announcements are at the end of the journal. 2002-01-30 Senate Journal Page 2073 Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 1, 2002. Without objection, the Senate adjourned at 12:23 p.m. Heidi Vogel Secretary of the Senate January 2002 2002-01-30 Senate Journal Page 2074 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 Jan 30 Wednesday Fahrenkamp 203 1:30 PM No Meeting Scheduled Feb 01 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Jan 31 Thursday Senate Finance 532 9:30 AM = SB 181 SMALL COMMUNITY HOUSING LOANS = SB 153 UNDERGROUND STORAGE TANK LOAN FUND = SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Jan 30 Wednesday Butrovich 205 1:30 PM + SB 250 SCHOOL PERFORMANCE REPORTS ---------------------------------------- JUDICIARY Jan 30 Wednesday Beltz 211 1:30 PM No Meeting Scheduled Feb 01 Friday Beltz 211 1:30 PM + SB 242 CONCEALED HANDGUN PERMITTEES ---------------------------------------- 2002-01-30 Senate Journal Page 2075 LABOR & COMMERCE Jan 31 Thursday Beltz 211 1:30 PM + SB 243 CHIROPRACTORS: SUNSET/LICENSING + SB 244 OPTOMETRISTS: SUNSET AND MISCELLANEOUS ---------------------------------------- RESOURCES Jan 30 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled Feb 01 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Jan 31 Thursday Beltz 211 3:30 PM SB 236 HOMELAND SECURITY APPROPRIATIONS = SB 235 EMERGENCY MANAGEMENT ASSISTANCE COMPACT = SB 237 TERRORISM, CIVIL DEFENSE, AND DISASTERS = SB 238 SECURITY OF FACILITIES AND SYSTEMS = SB 239 STATE EMPLOYEES CALLED TO MILITARY DUTY = SB 240 TERRORISTIC THREATENING/PIPELINE DAMAGE ---------------------------------------- TRANSPORTATION Jan 31 Thursday Butrovich 205 1:30 PM HB 241 RAIL AND UTILITY CORRIDOR TO CANADA SB 209 LEGISLATIVE APPROVAL OF RAILROAD LEASES ---------------------------------------- FINANCE SUBCOMMITTEES EDUCATION & EARLY DEVELOPMENT Jan 31 Thursday Terry Miller 104 8:00 AM -- Meeting Canceled -- Dept Overview: FY03 Budget Request Committee Schedule and Future Topics ---------------------------------------- 2002-01-30 Senate Journal Page 2076 JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Jan 30 Wednesday Capitol 102 8:30 AM + Overview of Committee Activities + DCED Interpretation of Uniform Mechanical Code ---------------------------------------- ARMED SERVICES COMMITTEE Feb 05 Tuesday Senate Finance 532 1:30 PM -- Location Change -- Lt. General Norton Schwartz, Maj. Gen. Willie B. Nance: Briefing ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Feb 12 Tuesday Fahrenkamp 203 12:00 PM + Alaska Women's Resource Center: Stepping Stones Program ---------------------------------------- FISH CAUCUS Jan 31 Thursday Butrovich 205 12:00 PM 2002 Fisheries Bills ---------------------------------------- JOINT SESSION Feb 19 Tuesday House Chamber 11:00 AM US Senator Frank Murkowsi Feb 20 Wednesday House Chamber 11:00 AM Chief Justice Dana Fabe