Legislature(1999 - 2000)

2000-01-26 Senate Journal

Full Journal pdf

2000-01-26                     Senate Journal                      Page 2077
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                   TWENTY-FIRST LEGISLATURE - SECOND SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                Seventeenth Day                                
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:08 a.m.                                                           
                                                                               
The roll showed twenty members present.                                        
                                                                               
The prayer was offered by the Chaplain, Pastor Paul Beran, of the              
Resurrection Lutheran Church. Senator Hoffman moved and asked                  
unanimous consent that the prayer be spread. Without objection, it             
was so ordered.                                                                
                                                                               
Before the hills in order stood or earth received its                         
frame, from everlasting Thou art God to endless                                
years the same.                                                                
                                                                               
Gracious Father, as much as we try to peer into the                           
unseen future we confess that we only walk one                                 
step, one day at a time. But You know all things,                              
even the future. Take us by the hand that we might                             
lead the people and this great State of Alaska in the                          
path of righteousness. Give us wisdom and humility                             
to discern the leading of Your Spirit as we ponder                             
various solutions to the issues confronting us. In the                         
Name of Him Who came, not to be served, but to                                 
serve, Jesus the Christ.   Amen.                                               
                                                                               
Senator Donley led the Senate in the Pledge of Allegiance.                     
                                                                               
                                                                               
2077                                                                           

2000-01-26                     Senate Journal                      Page 2078
                                Certification                                
                                                                               
Senator Mackie 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.           
                                                                               
                                                                               
                                Communications                               
                                                                               
The following Budget and Audit Report was received from Pat                    
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and             
is on file in the Office of the Secretary of the Senate:                       
                                                                               
Department of Military and Veterans Affairs, Alaska National Guard,            
Review of Selected Board of Inquiry Issues, November 24, 1999                  
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 176                                                                       
Labor and Commerce Committee considered SENATE BILL NO.                        
176 An Act permitting a physical fitness facility or gymnasium to              
limit public accommodation to only males or only females, and                  
recommended it be replaced with                                                
                                                                               
CS FOR SENATE BILL NO. 176(L&C) An Act                                        
permitting a physical fitness facility to limit public                         
accommodation to only males or only females.                                   
                                                                               
Signing do pass: Senator Mackie, Chair, Senators Leman, Donley,                
Tim Kelly.                                                                     
                                                                               
Zero fiscal note published today from Office of the Governor.                  
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               

2000-01-26                     Senate Journal                      Page 2079
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 223                                                                       
SENATE BILL NO. 223 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act providing for and relating to the issuance                             
of state guaranteed transportation revenue                                     
anticipation bonds for the purpose of paying the cost                          
of transportation projects that qualify for federal                            
highway aid and the allocation of those bond                                   
proceeds; and providing for an effective date.                                 
                                                                               
was read the first time and referred to the Transportation and                 
Finance Committees.                                                            
                                                                               
Fiscal note published today from Department of Revenue. Zero fiscal            
note published today from Department of Transportation and Public              
Facilities.                                                                    
                                                                               
Governors transmittal letter dated January 24:                                 
                                                                               
Dear President Pearce:                                                         
                                                                               
Today I am transmitting a bill that would authorize the issuance of            
$350,000,000 in transportation revenue anticipation bonds to finance           
the accelerated construction of several transportation projects                
throughout the state.                                                          
                                                                               
In recent years Alaskas allocation of federal highway funds has                
dramatically increased to approximately $350 million annually.                 
Despite an aggressive six-year state transportation plan that addresses        
continued improvements to the states highways, marine                          
transportation, local roads and trails throughout the state, many              
important transportation needs remain unaddressed. We must do all              
we can -- as soon as we can -- to keep up with those critical needs.           
Now, thanks to an innovative federal program, we have an                       
opportunity to build our transportation infrastructure statewide in the        
near future, rather than the long-term.                                        
                                                                               

2000-01-26                     Senate Journal                      Page 2080
SB 223                                                                       
The projects to be financed with bond proceeds would all qualify for           
federal highway aid. Because of this qualification, future federal             
highway aid can be used to pay most of the principal and interest              
that will be due on the bonds. It might also be possible to use                
interest earned on bond proceeds to satisfy federal requirements for           
state match money.                                                             
                                                                               
The advantage of this method of financing is to allow the state to             
obtain enough money to begin construction of these vital projects              
now without having to wait for federal highway aid in the future.              
The projects set out in the bill -- from Southeast Alaska to                   
Anchorage to Fairbanks to Kotzebue -- address pressing                         
transportation needs that cannot be funded with federal dollars over           
the next 10 years or more. Using this approach can also save money             
by avoiding inflationary costs that would accrue to each project if            
left for future construction.                                                  
                                                                               
The bonds would be secured by a state guarantee to bondholders.                
The guarantee will afford the bonds the states favorable credit rating         
and will make them a readily marketable security to potential                  
investors. The guarantee is provided by using the authorization                
process for general obligation bonds. This process requires approval           
of the bill by the legislature and ratification by the voters at the next      
general election.                                                              
                                                                               
I urge your prompt and favorable action on this innovative approach            
to accelerate important transportation projects.                               
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  
                                                                               
SB 224                                                                       
SENATE BILL NO. 224 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
                                                                               

2000-01-26                     Senate Journal                      Page 2081
SB 224                                                                       
An Act relating to the confidentiality of                                     
investigations, court hearings, and court and public                           
agency information in child in need of aid matters;                            
relating to immunity regarding disclosure of                                   
information in child in need of aid matters;                                   
amending Rules 3 and 22, Alaska Rules of Child in                              
Need of Aid; and providing for an effective date.                              
                                                                               
was read the first time and referred to the Health, Education and              
Social Services, Judiciary and Finance Committees.                             
                                                                               
Fiscal notes published today from Department of Health, Education              
and Social Services (2), Department of Law. Zero fiscal notes                  
published today from Department of Administration (2), Department              
of Public Safety.                                                              
                                                                               
Governors transmittal letter dated January 25:                                 
                                                                               
Dear President Pearce:                                                         
                                                                               
As part of my administration's continuing effort to improve Alaska's           
child protection system, I am transmitting a bill that will open to the        
public information that has generally been closed -- court hearings,           
court records and state agency records in child in need of aid                 
(CINA) matters.                                                                
                                                                               
The issues surrounding public disclosure in children's matters can             
quickly become complicated, but the goal of this bill is simple: Shed          
more light on the child protection system and the system will                  
improve. I believe public support for the approach taken in this bill          
will grow when the tragic circumstances affecting so many young                
lives are more fully understood, along with the daily challenges               
faced by those who work so hard to protect children.                           
                                                                               
Concerns have been raised during the past few years about the state's          
confidentiality laws. These laws were created to protect the privacy           
of children and their families. But they also have the practical effect        
of limiting public oversight and understanding of the goals and                
activities of our child protection agencies.                                   

2000-01-26                     Senate Journal                      Page 2082
SB 224                                                                       
In response to growing concerns, I established the Governor's Task             
Force on Confidentiality of Children's Matters, consisting of state and        
media officials. I asked the task force to determine whether Alaska's          
confidentiality laws could be relaxed with minimal infringement on             
the privacy of children, and whether we could design a more open               
system without jeopardizing child protection programs and continued            
receipt of federal funding. This bill reflects the task force                  
recommendations to allow greater public access to court hearings,              
court records and records of state agencies concerning child                   
protection activities.                                                         
                                                                               
Amending our CINA statutes and court rules requires thoughtful                 
planning. Thus, the bill will not be effective until July 1, 2001 --           
approximately one full year after it is signed into law. It also               
requires a report back to the public and legislature by December               
2002 to assess these new procedures and make recommendations to                
address any problems that may arise.                                           
                                                                               
More specifically, the bill affects CINA cases in the following ways:          
                                                                               
Court hearings would be opened to the public with limited                   
exceptions -- for example, if the court determines an open                     
hearing would emotionally harm a child, or when other state or                 
federal laws require closed hearings.                                          
                                                                               
Court records would be opened unless a federal or state law                 
prohibits the release.                                                         
                                                                               
State agency records would be made available to the public in               
some cases, such as responding to allegations surrounding harm                 
to a child in state custody.                                                   
                                                                               
We have launched many initiatives in the past years to make Alaska             
a healthier, safer place for our children. But we can and must do              
more. This bill is the next step in our continuing efforts to protect          
young Alaskans.                                                                
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  

2000-01-26                     Senate Journal                      Page 2083
SB 225                                                                       
SENATE BILL NO. 225 BY SENATOR ELLIS, entitled:                                
                                                                               
An Act relating to privacy, to private genetic                                
information, to the rights of employees related to                             
electronic monitoring by employers, and to certain                             
consumer information; and amending Rule 26,                                    
Alaska Rules of Civil Procedure.                                               
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                                  Citations                                  
                                                                               
Honoring - Alaska Raven Americorps Member Graduates                            
Representative(s) Kapsner                                                      
Senator(s) Hoffman, Lincoln, Taylor, Tim Kelly, Pearce, Green,                 
Mackie, Pete Kelly, Donley, Wilken, Elton, Adams, Ellis, Parnell               
                                                                               
In Memoriam - Donald James Brown                                               
Senator(s) Taylor, Tim Kelly, Pearce, Green, Mackie, Pete Kelly,               
Donley, Wilken, Elton, Lincoln, Hoffman, Leman, Parnell                        
                                                                               
Senator Mackie 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                             
                                                                               
SB 221                                                                       
President Pearce made the following committee referral change to               
SENATE BILL NO. 221 An Act relating to recruitment, selection,                 
appointment, and promotion of state employees and the duties of the            
Department of Administration concerning those and other related                
functions; and providing for an effective date (page 2055).                    
                                                                               
                                                                               

2000-01-26                     Senate Journal                      Page 2084
SB 221                                                                       
The bill was referred to the State Affairs Committee, then the                 
Finance Committee.                                                             
Senator Mackie moved and asked unanimous consent that President                
Pearce be excused from a call of the Senate from noon, January 27              
through morning plane time, January 28. Without objection, Senator             
Pearce was excused.                                                            
                                                                               
Senator Pete Kelly moved and asked unanimous consent that he be                
excused from a call of the Senate on January 31 and February 1.                
Without objection, Senator Pete Kelly was excused.                             
                                                                               
Senator Donley moved and asked unanimous consent that he be                    
excused from a call of the Senate on January 31. Without objection,            
Senator Donley was excused.                                                    
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., January 27, 2000. Without               
objection, the Senate adjourned at 11:29 a.m.                                  
                                                                               
                                                           Heidi Vogel         
                                               Secretary of the Senate         
                                                                               
                                                          January 2000         

2000-01-26                     Senate Journal                      Page 2085
                                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.                            
                                                                               
                                                                               
                          SENATE STANDING COMMITTEES                         
+ indicates teleconference                                                     
= indicates bill previously heard/scheduled                                    
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                                 FAHRENKAMP 203                                
Jan 26                         Wednesday 1:30 PM                               
	No Meeting Scheduled                                                         
                                                                               
Jan 28                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
Jan 26                         Wednesday 9:00 AM                               
	Review of Depts Accomplishments for                                          
	FY99 and FY00 - Dept of Public Safety,                                       
	Dept of Corrections                                                          
                                                                               
Jan 27                          Thursday 9:00 AM                               
	Review of Depts Accomplishments for FY99                                     
	and FY00 - Dept of Health & Soc Services                                     
                                                                               
Jan 28                           Friday 9:00 AM                                
	Review of Depts Accomplishments for FY99                                     
	and FY00 - Dept of Fish & Game, Dept of                                      
	Transportation & Public Facilities                                           
                                                                               
Feb 03                          Thursday 9:00 AM                               
	Joint w/(H) Finance Committee                                                
	Presentation by President Mark Hamilton                                      
	on the State of the University                                               
                                                                               
                                                                               

2000-01-26                     Senate Journal                      Page 2086
                                   FINANCE                                   
Feb 08                          Tuesday 9:00 AM                                
	Joint w/(H) Finance Committee                                                
	Presentation by Public Members of the                                        
	Commission on Privatization & Delivery                                       
	of Government Services                                                       
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                                 BUTROVICH 205                                 
Jan 26                         Wednesday 1:30 PM                               
=	HB  37SMOKING CESSATION AND EDUCATION                                       
PROGRAMS                                                                       
	Bills Previously Heard/Scheduled                                             
                                                                               
Jan 31                           Monday 1:30 PM                                
=	SB  61TEACHERSLICENSES, DISCIPLINE & ETHICS                                 
	Bills Previously Heard/Scheduled                                             
	                                                                             
Feb 02                         Wednesday 1:30 PM                               
	AK Indep Living Council Presentation                                         
	SB 204EXTEND ALASKA COMMISSION ON AGING                                      
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
Jan 26                         Wednesday 1:30 PM                               
	-- Rescheduled to 1/31/00 --                                                 
+	SJR 32CONST. AM: ELECTED ATTORNEY GENERAL                                   
+=	SJR 14ELECTION OF ATTORNEY GENERAL                                         
+	Bills Previously Heard/Scheduled                                            
                                                                               
Jan 28                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                                                                               
Jan 31                           Monday 1:30 PM                                
	-- Rescheduled from 1/26/00 --                                               
+=	SJR 32CONST. AM: ELECTED ATTORNEY GENERAL                                  
+=	SJR 14ELECTION OF ATTORNEY GENERAL                                         
+	Bills Previously Heard/Scheduled                                            
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                                   BELTZ 211                                   
Jan 27                          Thursday 1:30 PM                               
	No Meeting Scheduled                                                         

2000-01-26                     Senate Journal                      Page 2087
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
Jan 26                         Wednesday 2:00 PM                               
                               SENATE FINANCE 532                              
	-- Location and Time Change --                                               
+	Joint w/(H) Resources                                                       
	Status Report:  Katie John Case/Fed Res                                      
	Water Rights (Rescheduled from 1/21/00)                                      
	Bills Previously Heard/Scheduled                                             
	Presentation by AK Gasline Port Authority                                    
                                                                               
Jan 28                           Friday 3:00 PM                                
	-- Meeting Canceled --                                                       
	Agenda to be Announced                                                       
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                   BELTZ 211                                   
Jan 27                          Thursday 3:30 PM                               
+	SB 196MUNICIPAL PLANNING COMMISSION                                         
+	SJR 26CONST. AM: EDUCATION FUND                                             
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BUTROVICH 205                                 
Jan 27                          Thursday 1:30 PM                               
+	SB 189INTERNATIONAL AIRPORT AUTHORITY                                       
+	SB 203METROPOLITAN PLANNING ORGANIZATIONS                                   
+	SB 208RAILROAD AND FERRY AUTHORITY                                          
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                       COMMUNITY & ECONOMIC DEVELOPMENT                      
                                 FAHRENKAMP 203                                
Jan 28                           Friday 8:30 AM                                
	Joint w/(H) Subcommittee                                                     
	                  ----------------------------------------                   
                                                                               
                           HEALTH & SOCIAL SERVICES                          
                               SENATE FINANCE 532                              
Jan 27                          Thursday 1:00 PM                               
	Missions and Measures, Dept of Health and                                    
	Social Svcs; Divs of Admin Svcs, Public                                      
	Asst, Public Health, and Alcoholism and                                      
	Drug Abuse                                                                   
                    ----------------------------------------                   

2000-01-26                     Senate Journal                      Page 2088
                            FINANCE SUBCOMMITTEES                            
                        LABOR & WORKFORCE DEVELOPMENT                        
                               SENATE FINANCE 532                              
Jan 27                         Thursday 12:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Missions/Measures & FY00 Budget                                              
                                                                               
Feb 03                         Thursday 12:00 PM                               
	Joint w/(H) Subcommittee                                                     
	FY00 Budget                                                                  
                    ----------------------------------------                   
                                                                               
                        MILITARY AND VETERANS AFFAIRS                        
                               SENATE FINANCE 532                              
Feb 09                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Agenda to be Announced                                                       
                                                                               
Feb 23                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Agenda to be Announced                                                       
                                                                               
Mar 01                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Closeout                                                                     
                    ----------------------------------------                   
                                                                               
                              NATURAL RESOURCES                              
                               SENATE FINANCE 532                              
Jan 27                          Thursday 8:00 AM                               
+	Joint w/(H) Subcommittee                                                    
	Missions and Measures                                                        
                    ----------------------------------------                   
                                                                               
                                   REVENUE                                   
                               SENATE FINANCE 532                              
Jan 26                         Wednesday 1:00 PM                               
+	Missions and Measures                                                       
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                           ARMED SERVICES COMMITTEE                          
                               SENATE FINANCE 532                              
Jan 31                          Monday 12:00 PM                                
	Agenda to be Announced                                                       
                    ----------------------------------------                   

2000-01-26                     Senate Journal                      Page 2089
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
Jan 28                           Friday 8:00 AM                                
                               SENATE FINANCE 532                              
	Exec Session, Audit Rpts, Other Business                                     
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               CHILDRENS CAUCUS                              
                                 BUTROVICH 205                                 
Feb 08                          Tuesday 12:00 PM                               
	Child Protection Services Overview                                           
                    ----------------------------------------                   
                                                                               
                                JOINT SESSION                                
                                 HOUSE CHAMBER                                 
Jan 28                          Friday 11:00 AM                                
	Address by U.S. Senator Frank Murkowski