Legislature(2001 - 2002)

2002-02-04 Senate Journal

Full Journal pdf

2002-02-04                     Senate Journal                      Page 2101
                                                                                                    
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Monday                   February 4, 2002                      
                                                                                                    
                              Twenty-second Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:09 a.m.                                                                               
                                                                                                    
The roll showed fifteen members present. Senators Elton, Hoffman,                                   
Therriault, Torgerson were excused from a call of the Senate. Senator                               
Kelly was absent.                                                                                   
                                                                                                    
The prayer was offered by the Chaplain, Dr. Paul Beran, Pastor of                                   
Resurrection Lutheran Church. Senator Cowdery moved and asked                                       
unanimous consent that the prayer be spread. Senator Donley objected.                               
                                                                                                    
Senator Donley moved that the motion be amended to add the                                          
following statement to the journal: "The prayers offered in the Senate                              
are with the deepest respect for the religious beliefs of each person                               
here, every Alaskan, every American and the First Amendment to the                                  
Constitution of the United States of America."                                                      
                                                                                                    
Senator Donley withdrew his motion. There being no further                                          
objections to the motion that the prayer be spread, it was so ordered.                              
                                                                                                    
          Gracious Father, from everlasting to everlasting You                                      
          are God. You have written our names in pencil and                                         
          have given to us the gift of this day. In the springtime                                  
          of this Senate session we thank You for leadership                                        
          entrusted, responsibilities that beckon, and the                                          
          opportunity to serve the people of this great state.                                      
                                                                                                    
          Save us from simply selling ourselves to small self-                                      
          centered interests; from petty power struggles; or                                        
          from merely putting in our time. Stretch us to put                                        

2002-02-04                     Senate Journal                      Page 2102
          service ahead of self, principles ahead of personal                                       
          popularity, and the well-being of the whole diverse                                       
            people of Alaska ahead of those in our district alone.                                 
                                                                                                    
          Give us courage to be leaders of unquestionable                                           
          integrity; wisdom to listen to the quiet voices, and the                                  
          flexibility to change, to grow and to compromise.                                         
                                                                                                    
          This I pray in the Name of Jesus, Who came not to be                                      
    served, but to serve.                                           Amen.                          
                                                                                                    
Senator Lincoln led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the nineteenth through twenty-first legislative days be approved as                             
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated February 1 was read, stating the House passed and                                     
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 35                                                                                            
HOUSE JOINT RESOLUTION NO. 35 am BY REPRESENTATIVES                                                 
JAMES, Coghill, Wilson, Hayes, Lancaster, Fate,                                                     
                                                                                                    
          Relating to urging the United States Congress to                                          
          amend the tax code to permanently repeal the estate                                       
          tax.                                                                                      
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    

2002-02-04                     Senate Journal                      Page 2103
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 263                                                                                            
CS FOR HOUSE BILL NO. 263(RES) BY THE HOUSE                                                         
RESOURCES COMMITTEE, entitled:                                                                      
                                                                                                    
            "An Act relating to water quality standards applicable                                 
          to flow-through hot springs."                                                             
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Alaska Court System's Travel and Compensation Report for Calendar                                   
Year 2001                                                                                           
from Stephanie Cole, Administrative Director                                                        
in accordance with AS 22.20.037(d)                                                                  
                                                                                                    
State of Alaska 2001 Compensation and Travel Report of                                              
Executive Positions                                                                                 
from Jim Duncan, Commissioner, Department of Administration                                         
in accordance with AS 37.05.210                                                                     
                                                                                                    
Alaska Legislature 2001 Salary and Business Expense Report                                          
from Pam Varni, Executive Director, Legislative Affairs Agency                                      
in accordance with AS 24.10.120(b)                                                                  
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 261                                                                                            
Corrected fiscal note for SENATE BILL NO. 261 "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                              

2002-02-04                     Senate Journal                      Page 2104
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"                                 
(page 2065) published today:                                                                        
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 33                                                                                            
SENATE JOINT RESOLUTION NO. 33 BY SENATOR                                                           
AUSTERMAN,                                                                                          
                                                                                                    
              Proposing an amendment to the Constitution of the                                    
            State of Alaska relating to limiting the rate of state                                 
          income and sales and use taxes.                                                           
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 275                                                                                            
SENATE BILL NO. 275 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to the establishment of a research                                       
          and development program for excellence in the                                             
          public schools of this state; relating to grants for the                                  
          improvement or enhancement of school performance;                                         
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services, Community and Regional Affairs and Finance Committees.                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Education and Early                                               
  Development                                                                                       

2002-02-04                     Senate Journal                      Page 2105
Governor's transmittal letter dated January 31:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
The state has a responsibility and opportunity to help public schools                               
help their students meet essential skill standards in reading, writing                              
and math. We are measuring the progress our students are making                                     
toward these standards; we should also assist schools in meeting the                                
standards. This bill I transmit today provides grant programs for low-                              
performing schools to increase their effectiveness and for high-                                    
performing schools to enhance their quality, and a research center to                               
assist in this effort to build quality schools.                                                     
                                                                                                    
The research center is a critical component of this program for school                              
improvement -- an important missing link in our state's march toward                                
greater accountability for schools. The center's primary function would                             
be to assist low-performing schools in effectively teaching students in                             
a standards-based environment measured by benchmark and high-                                       
stakes testing.                                                                                     
                                                                                                    
The center will analyze available data from each school and will help                               
schools develop plans for needed improvements using best-known                                      
educational practices and resources. The keystone of the center's effort                            
is academic performance data -- facts about student performance that                                
identify areas of improvement and low performance. The data will be                                 
obtained from student scores on the Alaska benchmark and high                                       
school exams, and other indicators of school and student performance.                               
Using the data, center staff and contractors will work with school and                              
community leaders, teachers and students.                                                           
                                                                                                    
With this bill I am requesting $2 million for the first year of operations                          
for the center. The bill also seeks $4 million in financial assistance for                          
schools to be used for $10,000 to $100,000 grants to low- and high-                                 
performing schools.                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-04                     Senate Journal                      Page 2106
It is important to build this program now. We must do all we can now                                
to ensure all of our students can succeed.                                                          
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
SB 276                                                                                            
SENATE BILL NO. 276 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act relating to increasing the base student                                           
          allocation and the maximum amount of quality                                              
          school funding grants for public schools; changing                                        
          the name of quality school funding grants to 'learning                                    
          opportunity grants'; relating to the reduction of                                         
          supplementary public school funding; and providing                                        
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
Governor's transmittal letter dated January 31:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
Investment in education is necessary to achieve school excellence in                                
Alaska. This bill that I transmit today increases the per-student                                   
allocation for school funding and continues the current funding level                               
for quality school grants. It also suspends the reduction of                                        
supplementary public school funding.                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-04                     Senate Journal                      Page 2107
This legislation is built on the recommendations of the Education                                   
Funding Task Force presented to the Legislature in 2001. The task                                   
force identified a five-year plan of specific initiatives and programs to                           
improve student achievement in Alaska.                                                              
                                                                                                    
The Legislature last year partially funded the recommended base                                     
student allocation in the school funding formula -- increasing it by $70                            
as opposed to the $115 the task force proposed. This bill continues                                 
toward completion of the five-year plan by increasing the base student                              
allocation by $108 per student, from the current $4,010 to $4,118. This                             
increase will provide the resources to ensure that all of Alaska's                                  
children have opportunities to meet the high academic standards                                     
necessary to succeed in today's world.                                                              
                                                                                                    
The base student allocation increases are just one piece of the funding                             
commitment we need to make to achieve academic excellence in our                                    
schools. Another piece is continuing the currently funded maximum                                   
amount of the quality school funding grants (renamed the "learning                                  
opportunity grants" in this bill). Following the task force                                         
recommendations, the maximum grant amount would be set in statute                                   
at $74 per average daily membership, up from the $16 now in statute.                                
The legislature last year provided one-time funding for higher learning                             
opportunity grants. Improvement in student performance requires a                                   
continuous commitment of resources.                                                                 
                                                                                                    
Finally, the bill would suspend the reduction of supplementary public                               
school funding until fiscal year 2004, when a district cost factor study                            
is complete. The current law funds growth in some districts at only 60                              
cents on the dollar, sending the wrong message to students and                                      
families.                                                                                           
                                                                                                    
This bill represents an investment in our children and Alaska's future.                             
If we are serious about preparing all of our children for the workforce                             
and the challenges of this new century, we must provide the necessary                               
resources.                                                                                          
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            

2002-02-04                     Senate Journal                      Page 2108
SB 277                                                                                            
SENATE BILL NO. 277 BY SENATOR AUSTERMAN, entitled:                                                 
                                                                                                    
          "An Act relating to the definitions of 'floating                                          
          fisheries business' and 'shore-based fisheries business'                                  
          for the purposes of the fishery business tax; and                                         
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 278                                                                                            
SENATE BILL NO. 278 BY SENATORS TORGERSON, Taylor,                                                  
entitled:                                                                                           
                                                                                                    
              "An Act requiring a good faith effort to purchase                                    
                property before that property is taken through                                     
            eminent domain; and providing for an effective date."                                  
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Judiciary Committees.                                                                   
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
                                                   th                                               
Honoring - Willard and Beverly Dunham, 50 Wedding Anniversary                                       
Senator(s) Torgerson, Ward, Wilken, Hoffman, Leman, Therriault,                                     
Halford, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman                                     
                                                                                                    
Honoring - Jody Burcham, Olympic Torchbearer                                                        
Senator(s) Austerman, Wilken, Hoffman, Leman, Therriault, Halford,                                  
Elton, Green, Davis, Kelly, Lincoln, Taylor                                                         
Representative(s) Stevens                                                                           
                                                                                                    
                                     th                                                             
Honoring - Mary Alice Jones, 89 Birthday                                                            
Senator(s) Austerman, Ward, Wilken, Hoffman, Leman, Therriault,                                     
Halford, Elton, Green, Davis, Kelly, Lincoln, Taylor                                                
Representative(s) Green                                                                             
                                                                                                    

2002-02-04                     Senate Journal                      Page 2109
Honoring - Billy W. Harris                                                                          
Representative(s) Chenault                                                                          
Senator(s) Ward, Wilken, Hoffman, Leman, Therriault, Halford, Elton,                                
Green, Davis, Kelly, Lincoln, Taylor, Austerman                                                     
                                                                                                    
In Memoriam - Trooper James A. Moen                                                                 
Senator(s) Halford, Phillips, Wilken, Hoffman, Leman, Therriault,                                   
Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman, Donley, Ellis                               
                                                                                                    
In Memoriam - Paul Shimakonis, "Mr. Birchwood"                                                      
Senator(s) Halford, Phillips, Wilken, Hoffman, Leman, Therriault,                                   
Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman, Donley                                      
                                                                                                    
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 Phillips moved and asked unanimous consent to be excused                                    
from a call of the Senate on February 8. Without objection, Senator                                 
Phillips was excused.                                                                               
                                                                                                    
Senator Stevens moved and asked unanimous consent to be excused                                     
from a call of the Senate on February 15 and on the afternoon of                                    
February 22. Without objection, Senator Stevens was excused.                                        
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-04                     Senate Journal                      Page 2110
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., February 6, 2002. Without                                    
objection, the Senate adjourned at 11:29 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                               February 2002                        

2002-02-04                     Senate Journal                      Page 2111
                                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                                            
                                                                                                    
Feb 07        Thursday                  Senate Finance 532            8:00 AM                     
+             -- Time and Location Change --                                                        
              Joint w/(H)                                                                           
              Local Boundary Commission:                                                            
              Annual Report, Homer Annexation                                                       
              City of Homer Presentation                                                            
              <Testimony by Invitation Only>                                                        
                                                                                                    
Feb 09        Saturday                  Senate Finance 532            9:00 AM                     
+             -- Time and Location Change --                                                        
              Joint w/(H)                                                                           
              Citizens Concerned About Annexation                                                   
              Public Testimony on Homer Annexation                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Feb 05        Tuesday                   Senate Finance 532            9:30 AM                     
     SB 247 REAPPROPRIATIONS & CAPITAL APPROPRIATIONS                                               
              Capital Budget Overview                                                               
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-04                     Senate Journal                      Page 2112
                             FINANCE (Continued)                                                 
                                                                                                    
Feb 06        Wednesday                 Senate Finance 532            9:30 AM                     
     SB 272 SUPPLEMENTAL APPROP TOURISM MARKETING                                                   
= SB 153 UNDERGROUND STORAGE TANK LOAN FUND                                                         
= SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Feb 04        Monday                          Butrovich 205           1:30 PM                     
+ SB 256 CERTIFICATE OF NEED PROGRAM                                                                
+ SCR 21 TREATMENT FOR DISTURBED CHILDREN                                                           
                                                                                                    
Feb 06        Wednesday                       Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 07        Thursday                        Butrovich 205           4:00 PM                     
              -- Time Change --                                                                     
              Proposed Meeting                                                                      
              Joint w/(H)                                                                           
              Overview: Substance Abuse Directors                                                   
              Association of Alaska                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Feb 04        Monday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 06        Wednesday                             Beltz 211         1:30 PM                     
+ HB 111 CIVIL LIABILITY AND LIVESTOCK                                                              
                                                                                                    
Feb 07        Thursday                    To Be Announced             2:00 PM                     
              -- Time Change --                                                                     
+             Joint w/(H)                                                                           
              Alaska Trust Law                                                                      
                                                                                                    
Feb 08        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        

2002-02-04                     Senate Journal                      Page 2113
                               LABOR & COMMERCE                                                  
                                                                                                    
Feb 05        Tuesday                               Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 07        Thursday                              Beltz 211         1:30 PM                     
+ HCR 12 FOREIGN SHIPS AND U.S. LONGSHOREMEN                                                        
+ SB 257 EXTEND BOARD OF PROFESSIONAL COUNSELORS                                                    
+ SB 244 OPTOMETRISTS: SUNSET AND MISCELLANEOUS                                                     
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Feb 04        Monday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 06        Wednesday                       Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Feb 08        Friday                          Butrovich 205           3:30 PM                     
= SB 140 SMALL WATER-POWER DEVELOPMENT PROJECTS                                                     
     SB 255 LAND EXCHANGES: GOLD CORD DEVELOPMENT                                                   
                                                                                                    
Feb 13        Wednesday                 Senate Finance 532            3:30 PM                     
              -- Location Change --                                                                 
              Joint w/Joint Committee on Natural Gas                                                
              Pipelines                                                                             
              Overviews:                                                                            
              Dept of Revenue- Financial Participation                                              
              in AK Natural Gas Pipeline                                                            
              Dept of Natural Resources- Gas Supply and                                             
              Demand; Natural Gas and LNG Value                                                     
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Feb 05        Tuesday                               Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-04                     Senate Journal                      Page 2114
                          STATE AFFAIRS (Continued)                                              
                                                                                                    
Feb 07        Thursday                              Beltz 211         3:30 PM                     
     SB 258 AUTHORIZING ELECTRONIC BALLOTS                                                          
     SCR 22 SOBRIETY AWARENESS MONTH                                                                
     SJR 31 TAX EXEMPT BONDS TO FUND VETERANS LOANS                                                 
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Feb 05        Tuesday                   Senate Finance 532            1:30 PM                     
              -- Location Change --                                                                 
              Lt. General Norton Schwartz,                                                          
              Maj. Gen. Willie B. Nance: Briefing                                                   
                   ----------------------------------------                                        
                                                                                                    
                            NATURAL GAS PIPELINES                                                
                                                                                                    
Feb 13        Wednesday                 Senate Finance 532            3:30 PM                     
              Joint w/Senate Resources Committee                                                    
              Overviews:                                                                            
              Dept of Revenue- Financial Participation                                              
              in AK Natural Gas Pipeline                                                            
              Dept of Natural Resources- Gas Supply                                                 
              and Demand; Natural Gas and LNG Value                                                 
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Feb 12        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Alaska Women's Resource Center:                                                       
              Stepping Stones Program                                                               
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-02-04                     Senate Journal                      Page 2115
                                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