Legislature(2005 - 2006)
2005-01-14 Senate Journal
Full Journal pdf2005-01-14 Senate Journal Page 0053 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday January 14, 2005 Fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 10:10 a.m. The roll showed eleven members present. Senators Davis, Guess, Hoffman, Huggins, Kookesh, Olson, Wilken were excused from a call of the Senate. Senators Dyson, Therriault were absent. Senator Gary Stevens moved and asked unanimous consent that Senator Dyson be excused from a call of the Senate today. Without objection, Senator Dyson was excused. The presence of Senator Dyson was noted later. The prayer was offered by the Chaplain, Rabbi Anne Brener of the Juneau Jewish Community. Senator Cowdery moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. With deepest respect for the religious beliefs of all Alaskans and for the constitutional imperative of the separation of church and state, we lift our voices and our hearts to the source of wisdom, insight, justice and compassion. We ask that those in whom the citizens of this great state have put their trust be guided by these higher values. Here, in the magnificent and vast state of Alaska, a place which so reveals the beauty and richness that is creation, may we stand together in awe and in humility, to accept our responsibility as stewards of the mystery that gives life to the world. 2005-01-14 Senate Journal Page 0054 Oseh shalom bimromav, May the one who makes peace in the high places, hu ya-asseh shalom aleinu, help us be instruments of Shalom: of peace, wholeness and healing, v'al kol yoshvei teyvel, to all in need of blessing who dwell on earth. V'imru Amen. Senator Gary Stevens led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the third and fourth legislative days and Senate and House Joint Journal Supplement No. 1 be approved as certified by the Secretary. Without objection, it was so ordered. Introduction of Guests Senator Seekins introduced the following members from the Canadian Consulate and the Pacific Northwest Economic Region (PNWER): Karen Matthias, Consul, Canadian Consulate Lawrie Crawford, Director, Yukon Economic Development, Canada Mel Knight, Member of the Legislative Assembly, Alberta, Canada Matt Morrison, Executive Director, PNWER Communications Alaska Labor Relations Agency, 2003 Annual Report dated October 4, 2004 from Mark Torgerson, Administrator/Hearing Examiner in accordance with AS 23.05.370(a)(4) Advisory Opinions 04-01 and 04-02, dated January 10, 2005 from H. Conner Thomas, Chair, Select Committee on Legislative Ethics in accordance with AS 24.60.150 and AS 24.60.160 2005-01-14 Senate Journal Page 0055 Public Decisions, dated January 1, 2004 - December 31, 2004 from H. Conner Thomas, Chair, Select Committee on Legislative Ethics in accordance with AS 24.60.170 The presence of Senator Therriault was noted. Introduction and Reference of Senate Resolutions SJR 3 SENATE JOINT RESOLUTION NO. 3 BY SENATOR ELTON, Relating to the labeling of fish products and processed food items containing fish to identify the country of origin and to distinguish between wild and farmed fish and fish products. was read the first time and referred to the Resources Committee. Introduction and Reference of Senate Bills SB 16 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16, BY SENATOR GARY STEVENS, entitled: "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; repealing the requirement for a long-range program for highway construction and maintenance; and repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities." was read the first time and referred to the Transportation and Finance Committees. 2005-01-14 Senate Journal Page 0056 SB 43 SENATE BILL NO. 43 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making special appropriations for the support of K-12 public education in 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 12, 2005: Dear President Stevens: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making special appropriations for the support of K- 12 public education in the state. I am asking the Legislature to not only make permanent the $84 million increase to K-12 education approved for fiscal year 2005, but to increase education by another $127 million over the next two fiscal years. I am asking that the Legislature give the education budget priority by passing appropriations for fiscal years 2006 and 2007 during the first regular session of this Legislature. I want to avoid the unnecessary cycle of districts sending pink slips to teachers each school year as a means of anticipating possible budget cuts. It is my sincere hope that this early funding package will let schools focus on teaching over the next two fiscal years instead of worrying about how to make ends meet. This bill would cover fixed retirement costs, higher-than-expected costs of fuel oil, and other inflationary costs as well as providing the money necessary to pay the core costs of classroom education. These appropriations would be conditioned on the enactment of an increase of $304 in the base student allocation for fiscal year 2006 and another increase of $310 for fiscal year 2007 and subsequent years. Meeting these costs and enacting the increases to the base student allocation would address the needs of school districts in the state by allowing them to stabilize their administrative planning and concentrate their 2005-01-14 Senate Journal Page 0057 efforts and resources on increasing student achievement and efficiently running the state's K-12 educational system. I urge your favorable consideration of this bill. Sincerely yours, /s/ Frank H. Murkowski Governor SB 44 SENATE BILL NO. 44 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." was read the first time and referred to the Finance Committee. In accordance with AS 37.14.003(b) a report of the differences between the Governor's proposed budget and the recommendations of the Alaska Mental Health Trust Authority was transmitted. Governor's transmittal letter dated January 12, 2005: Dear President Stevens: I am today transmitting a separate FY 2006 appropriations bill for the state's comprehensive mental health program. As required by statute, it includes both operating and capital appropriations and is accompanied by a report outlining the differences between my budget and the recommendations of the Alaska Mental Health Trust Authority. The proposed mental health budget represents a cooperative effort between state agencies, the Trustees, and Trust Authority staff. Coupled with the resources that have been appropriated in recent years, these productive working relationships have made a positive 2005-01-14 Senate Journal Page 0058 difference for Alaska's mental health beneficiaries. Regrettably, we were unable to augment some of the Trust's requests with state general funds. I look forward to working with the Legislature this session. Sincerely yours, /s/ Frank H. Murkowski Governor SB 45 SENATE BILL NO. 45 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." was read the first time and referred to the Finance Committee. Governor's transmittal letter dated January 12, 2005: Dear President Stevens: The operating budget bill delivered today contains my proposal for the 2006 fiscal year. My budget proposals reflect our obligation to meet a state's traditional responsibilities to its citizens. It reflects our commitment to growing the state's economy through resource development, which provides Alaska families with opportunities for good jobs and careers. Jobs also provide an economic base for our communities so they too can meet their local responsibilities to citizens. The challenges our administration faced in developing our spending proposals for this session were very different from those of the last 2005-01-14 Senate Journal Page 0059 two years. During our first two years, our administration faced up to the fiscal realities and we got control of state spending. Even though record-breaking oil prices have changed today's budgeting pressures, it is just as important that we be prudent and disciplined in our spending decisions. The potential for a $1 billion swing in current fiscal year revenues must serve as a reminder of the volatility of the underpinnings of our revenue system and the precariousness of the state's ability to afford consistent delivery of services to Alaskans. This operating budget, as well as our other proposals, reflects our administration's priorities to: grow Alaska's economy and create jobs for Alaskans by responsibly developing our abundant natural resources, which also requires a quality education that prepares Alaskans to take these jobs; assure that Alaskans are safe in their communities; and assure that Alaska families are healthy with a good quality of life. The spending proposals, as well as our other actions taken and legislation that will be proposed, will make significant contributions to further advancing our success in meeting these priorities. While our administration is focused on developing Alaska's economy, we are just as mindful of our responsibilities to protect those Alaskans that are most vulnerable. We are again proposing additional resources and staff to the Office of Children's Services so that we can continue our commitment to protect Alaska's most at-risk children. We are proposing to increase state financial support for our K-12 educational system. If approved by the Legislature, the per student amount will have increased 29 percent during this administration, which reflects our commitment to ensure that those in school today will be fully prepared to enter tomorrow's job market. We also will propose that we use some of the current year's windfall to help pay for this increase for the next two years. As we look to the state's fiscal future, we are very mindful of our challenge to ensure that state government and the services it delivers to Alaskans is fiscally sound between now and when the gasline is in 2005-01-14 Senate Journal Page 0060 service in 2012. Natural resource development represents this administration's long-term fiscal solution. The fiscal challenge we face between now and then is real, and we cannot procrastinate our way to fiscal security. I urge the Legislature to either pass the fiscal plan I presented last year or come up with one of its own. The time to act is now while we enjoy good economic times. Our administration's Fiscal Year 2006 operating budget and other proposals will help create the kind of Alaska in which Alaskans can fulfill their tremendous potential and achieve their dreams. By our working together on what I believe to be a shared vision for the future, it will mean every Alaskan can have hope for what the future will bring, instead of simply hoping for a future. To these ends, I look forward to working with the Legislature. Sincerely yours, /s/ Frank H. Murkowski Governor SB 46 SENATE BILL NO. 46 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making capital appropriations and appropriations to capitalize funds; and providing for an effective date." was read the first time and referred to the Finance Committee. Governor's transmittal letter dated January 12, 2005: Dear President Stevens: The capital budget bill delivered today contains my proposal for the 2006 fiscal year. As you know, a capital budget is how a government meets one of its most basic infrastructure responsibilities to citizens, that of ensuring safe roads, schools, and state facilities. 2005-01-14 Senate Journal Page 0061 Overall, the capital budget totals a little over $1 billion of which $825 million will be supported by federal funds. Of this, $518 million in federal transportation funds are proposed for road, highway, ferry, and airport projects throughout Alaska. Another $134 million of primarily state funds is proposed to tackle the state's backlog of deferred maintenance, which ranges from repairs to Pioneers' Homes and correctional facilities to fixing state roads, airports, and harbors. It also includes $30 million to fund priority major maintenance in schools around the state. The capital budget also includes $145 million in state funds for two major transportation initiatives. The first is $37 million for transportation projects that will provide access to some of our natural resources so economic development can take place and create good jobs, especially in rural Alaska. Another $108 million is proposed for projects that will help relieve congestion in Alaska's more populated communities. In addition to maximizing federal funds, the administration is looking at ways to leverage limited state funds. Using the bond capacity of state corporations is one way to stretch state dollars in the short-term and still enable us to meet the state's responsibilities. At the same time we are able to prudently save the state's reserves while we aggressively work on new revenue from resource development. The proposal also includes $340 million of primarily transportation, university, and deferred maintenance projects that will be funded through bonds issued by the Heritage Securitization Corporation, that I will propose to create in separate legislation. Debt will be issued over several years as money is needed to pay for projects. Debt service will be paid from the Heritage Capital Fund, which consists of earnings of the Amerada Hess settlement principal. The capital budget includes proceeds from the sale of bonds by the Alaska Student Loan Corporation (ASLC). This is the second of a three-year plan by which ASLC is repaying the state for its initial investment of $300 million in student loan programs. The proposal reflects the corporation's desire to assist the state in bridging its short- term fiscal gap. This proposal will have no impact on student loan programs. ASLC plans to repay the state up to $260 million by the end of FY 2007. 2005-01-14 Senate Journal Page 0062 I look forward to working closely with this Legislature to jointly craft a capital budget that provides Alaska residents essential state services and creates good jobs for hard working Alaskans. Sincerely yours, /s/ Frank H. Murkowski Governor SENATE BILL NO. 47 through SENATE BILL NO. 53 were introduced on January 12. SB 54 SENATE BILL NO. 54 BY SENATORS DYSON, Guess, entitled: "An Act relating to notification to victims of sexual assault; relating to protective orders; and relating to arrests for crimes involving sexual assault, violation of protective orders, or violation of conditions of release." was read the first time and referred to the State Affairs and Judiciary Committees. SB 55 SENATE BILL NO. 55 BY SENATOR WAGONER, entitled: "An Act instructing the commissioner of natural resources to issue a patent for the remaining interest in certain state land to the owner of the agricultural rights to that land." was read the first time and referred to the Resources and Finance Committees. SB 56 SENATE BILL NO. 56 BY SENATORS THERRIAULT, Seekins, entitled: 2005-01-14 Senate Journal Page 0063 "An Act relating to criminal law and procedure, criminal sentences, and probation and parole; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 57 SENATE BILL NO. 57 BY SENATOR GUESS, entitled: "An Act relating to limits in a public school district budget on school and correspondence study program operating expenditures used for administrative expenses; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 58 SENATE BILL NO. 58 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act increasing the base student allocation for state financing of public schools; and providing for an effective date." was read the first time and referred to the Finance Committee. The following fiscal information was published today: Fiscal Note No. 1, Department of Education and Early Development Fiscal Note No. 2, Department of Education and Early Development Governor's transmittal letter dated January 12, 2005: Dear President Stevens: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would raise the base student allocation for 2005-01-14 Senate Journal Page 0064 students attending public school grade levels kindergarten through 12 (K-12) over the next two years. This bill is an important component of my effort to forward-finance K-12 public education at a level that meets the increased costs our school districts have seen in recent years. Under the bill, the base student allocation would increase to $4,880 for fiscal year 2006, and to $5,190 for fiscal year 2007 and subsequent years. Currently, the base student allocation is set at $4,576. My proposal will result in a $62 million increase for school districts in FY 06 and a $64 million increase in FY 07. In FY 06, school districts will face an estimated $39 million increase in Public Employees' Retirement System and Teachers' Retirement System with an additional $40 million increase in FY 07. Combined with inflation, the escalating price of keeping our promise to retired teachers and school employees has unintentionally placed our public school system in a budget crisis. School districts are forced to eliminate essential programs and staff making it increasingly more difficult to provide the highest quality of education possible for our children. The funding blueprint I am presenting in this bill will cover those burdensome cost increases over the next two years, allowing our school administrators to proactively manage their budgets so teachers can focus on improving student achievement. I urge your prompt and favorable action on this measure, so very important to the future of Alaska's public schools and our children. Sincerely yours, /s/ Frank H. Murkowski Governor SB 59 SENATE BILL NO. 59 BY SENATOR DYSON, entitled: "An Act relating to service as a diplomat in the United States Foreign Service as an allowable absence from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." 2005-01-14 Senate Journal Page 0065 was read the first time and referred to the State Affairs and Finance Committees. SB 60 SENATE BILL NO. 60 BY SENATORS BEN STEVENS, Therriault, entitled: "An Act extending the termination date of the Statewide Suicide Prevention Council; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. Unfinished Business Senator Ellis moved and asked unanimous consent to be excused from a call of the Senate on January 18 to morning plane time. Without objection, Senator Ellis was excused. Senator French moved and asked unanimous consent to be excused from a call of the Senate on January 18 to morning plane time. Without objection, Senator French was excused. Senator Therriault moved and asked unanimous consent to be excused from a call of the Senate on January 18 to morning plane time. Without objection, Senator Therriault was excused. Senator Bunde moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, January 14 through evening plane time, January 23. Without objection, Senator Bunde was excused. The presence of Senator Dyson was noted. Announcements Announcements are at the end of the journal. 2005-01-14 Senate Journal Page 0066 Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 18, 2005. Without objection, the Senate adjourned at 10:29 a.m. Kirsten Waid Acting Secretary of the Senate January 2005 2005-01-14 Senate Journal Page 0067 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 24 Monday Senate Finance 532 1:30 PM JOINT W/(H) COMMUNITY & REGIONAL AFFAIRS Local Boundary Commission Report Overview of Annual Report Jan 26 Wednesday Fahrenkamp 203 1:30 PM SB 14 MUNICIPAL ELECTIONS ---------------------------------------- FINANCE Jan 17 Monday Senate Finance 532 9:00 AM No Meeting Scheduled Jan 18 Tuesday Senate Finance 532 9:00 AM No Meeting Scheduled Jan 19 Wednesday Senate Finance 532 9:00 AM No Meeting Scheduled Jan 20 Thursday Senate Finance 532 9:00 AM No Meeting Scheduled Jan 21 Friday Senate Finance 532 9:00 AM No Meeting Scheduled ---------------------------------------- 2005-01-14 Senate Journal Page 0068 HEALTH, EDUCATION & SOCIAL SERVICES Jan 17 Monday Butrovich 205 1:30 PM No Meeting Scheduled Martin Luther King, Jr. Day Jan 19 Wednesday Senate Finance 532 1:30 PM -- Location Change -- + JOINT W/(H) H.E.S.S. Overview Presentation: Governor's Council on Disabilities & Special Education + SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE + SB 22 MEDICAID COVERAGE FOR BIRTHING CENTERS Jan 21 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Jan 18 Tuesday Butrovich 205 8:30 AM + SB 56 CRIMINAL LAW/PROCEDURE/SENTENCING Jan 19 Wednesday Butrovich 205 8:30 AM + SB 19 CIVIL LEGAL SERVICES FUND + Bills Previously Heard/Scheduled Jan 20 Thursday Butrovich 205 8:30 AM + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Jan 18 Tuesday Beltz 211 1:30 PM No Meeting Scheduled Jan 20 Thursday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- 2005-01-14 Senate Journal Page 0069 RESOURCES Jan 17 Monday Butrovich 205 3:30 PM No Meeting Scheduled Jan 19 Wednesday Butrovich 205 1:00 PM -- Time Change -- JOINT W/(H) RESOURCES Overview: + Dept of Fish & Game + Dept of Natural Resources + Natural Gas 101 Jan 21 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Jan 20 Thursday Beltz 211 3:30 PM SB 36 ABSENTEE BALLOT APPLICATIONS ---------------------------------------- TRANSPORTATION Jan 18 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Jan 20 Thursday Butrovich 205 1:30 PM No Meeting Scheduled