Legislature(2001 - 2002)

2001-01-11 Senate Journal

Full Journal pdf

2001-01-11                     Senate Journal                      Page 0049
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                     Thursday               January 11, 2001                        
                                                                                                    
                                  Fourth Day                                                     
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:03 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senators Pearce, Phillips                                 
were excused from a call of the Senate.                                                             
                                                                                                    
The prayer was offered by the Chaplain, The Reverend William                                        
Elkinton, Elder of the Wesleyan Church. Senator Hoffman moved and                                   
asked unanimous consent that the prayer be spread. Without objection,                               
it was so ordered.                                                                                  
                                                                                                    
          The Doxology begins with these words, "Praise God                                         
          from Whom all blessings flow, praise Him all                                              
          creatures here below". Here we are physically.  Help                                      
          us now attain the attitude of gratitude.                                                  
                                                                                                    
          Many of us shared the delight in the recent mild                                          
          weather expressed at the reception by one from                                            
          Fairbanks. It isn't always easy to "Rejoice with them                                     
          that do rejoice and weep with them that weep".                                            
          (Romans 12:15) The skiers are not pleased, the snow                                       
          removal crews are murmuring, the oil dealers are                                          
          moaning. Somehow help us to enter into one                                                
          another's burdens and blessings. The citrus growers                                       
          in Florida were spraying their trees to protect them                                      
          from freezing. They were also rejoicing that the                                          
          cooler weather produces sweeter fruit. So hardships                                       
          may produce good fruit in our lives if we "Let                                            
          patience have her perfect work". (James 1:4)                                              
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-11                     Senate Journal                      Page 0050
          That concept can serve us well as this body begins its                                    
          assigned duty of making law. Deliver them, I pray,                                        
          from the notion that the making of many laws is the                                       
          remedy for our social ills. Grant that they will                                          
          recognize the worth of a solid foundation. May we                                         
          not weaken it by the use of inappropriate materials. I                                    
          recall teaching my children a little song, The Wise                                       
          Man Builds His House Upon the Rock. I can still                                           
          remember the view of Turnagain by the Sea in June                                         
          1964. My sympathies went out to the Atwoods,                                              
          Meades, Thomases and other families who suffered                                          
          loss.                                                                                     
                                                                                                    
          Your Word informs us that "A man's life does not                                          
          consist of the abundance of the things which he                                           
          possesses". (Luke 12:15)                                                                  
                                                                                                    
          So teach us to build lives worthy of emulation from                                       
          our youth and commendation from You, the Faithful                                         
          and Omniscient Judge.                                                                     
                                                                                                    
          I offer these requests with thanksgiving in Jesus'                                        
 Name.                                                                 Amen.                       
                                                                                                    
Senator Cowdery led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the third legislative day and House and Senate Joint Journal                                    
Supplement No. 1 be approved as certified by the Secretary. Without                                 
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-11                     Senate Journal                      Page 0051
                           Messages from the House                                               
                                                                                                    
Message dated January 10 was read, stating:                                                         
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Legislature at 11:00 a.m. on Friday, February 23 for the                             
purpose of hearing Chief Justice Dana Fabe's State of the Judiciary                                 
message.                                                                                            
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
accept the House invitation to meet in Joint Session. Without                                       
objection, it was so ordered.                                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following reports are on file in the Office of the Secretary of the                             
Senate:                                                                                             
                                                                                                    
Report Examining Court Decisions and Opinions of the Attorney                                       
General Construing Alaska Statutes                                                                  
from Division of Legal and Research Services, Legislative Affairs                                   
Agency                                                                                              
in accordance with AS 24.20.065(b)                                                                  
                                                                                                    
Alaska 2000 Comprehensive Annual Financial Report                                                   
from Division of Finance, Department of Administration                                              
in accordance with AS 37.05.210                                                                     
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 27                                                                                             
SENATE BILL NO. 27 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                                         

2001-01-11                     Senate Journal                      Page 0052
            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 10:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
The Fiscal Year 2002 operating budget I am transmitting today is                                    
known as my "Jobs and Families Budget." It addresses three key                                      
goals: maintains the existing level of vital public services Alaskans                               
need; makes additional strategic investments for Alaska families in                                 
education, early childhood development, public health and public                                    
safety; and it helps create and protect jobs for Alaska families.                                   
                                                                                                    
The total budget includes a $145 million general fund increase over                                 
the current fiscal year. Yet it is $140 million less than in Fiscal '95 and                         
nearly 1,700 inflation-adjusted dollars less per Alaskan than in Fiscal                             
1979, the last pre-oil boom year.                                                                   
                                                                                                    
Some $80 million of the proposed increase is necessary just to                                      
maintain existing services. Recent legislatures have approved, and                                  
now we must operate, a new Anchorage jail, new health lab and                                       
additional juvenile correctional centers in Ketchikan, Juneau and                                   
Anchorage.  We have higher caseloads for such vital services as health                              
care for the elderly and disabled. We must fund legislatively-approved                              
labor contracts. Paying the interest on bonds for new schools approved                              
in recent years will cost $28 million. And the number of Alaskans to                                
whom we must provide services has grown 14 percent in the past                                      
decade.                                                                                             
                                                                                                    
In addition I have incorporated funds to improve education from child                               
care through K-12 and the university; for our public health initiative to                           
fight TB, hepatitis C, arctic contaminants, food borne illness and other                            
serious public health problems; and to protect the public's safety by                               
providing funds for more law enforcement personnel, child and senior                                
protection, emergency services, and alcohol enforcement and                                         
treatment.                                                                                          

2001-01-11                     Senate Journal                      Page 0053
The general fund deficit for the coming year is projected to be more                                
than $500 million. Based on the fall forecast, our Constitutional                                   
Budget Reserve would be depleted in less than 5 years. We need to                                   
work together to develop a long-term budget plan during this session                                
to ensure the state's financial integrity.                                                          
                                                                                                    
I stand ready to work with you to make responsible choices to benefit                               
all Alaskans.                                                                                       
                                                                                                    
                             Sincerely,                                                             
                             /s/                                                                    
                             Tony Knowles                                                           
                             Governor                                                               
                                                                                                    
SB 28                                                                                             
SENATE BILL NO. 28 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.                                      
                                                                                                    
Governor's transmittal letter dated January 10:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
I am today transmitting to you a separate FY2002 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                                        
proposed budget and the recommendations of the Alaska Mental                                        
Health Authority.                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-11                     Senate Journal                      Page 0054
Alaska continues to make considerable progress in serving                                           
beneficiaries of the mental health settlement and emphasizing                                       
community based services. This budget proposal continues that                                       
progress with careful investments of Trust Authority receipts, general                              
funds and Alaska Housing Finance Corporation receipts for housing-                                  
related capital projects.                                                                           
                                                                                                    
The bill represents a cooperative effort between several departments in                             
my Administration and the Trustees and staff of the Alaska Mental                                   
Health Trust Authority. We look forward to working with the                                         
Legislature in evaluating and implementing this budget proposal for                                 
mental health services for the Trust's beneficiaries.                                               
                                                                                                    
                             Sincerely,                                                             
                             /s/                                                                    
                             Tony Knowles                                                           
                             Governor                                                               
                                                                                                    
Attachment                                                                                          
                                                                                                    
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 attached.                                              
                                                                                                    
SB 29                                                                                             
SENATE BILL NO. 29 BY THE SENATE RULES COMMITTEE                                                    
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act making capital appropriations and                                                 
          capitalizing 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.                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-11                     Senate Journal                      Page 0055
Governor's transmittal letter dated January 10:                                                     
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
I am transmitting to you today my proposed capital budget for                                       
FY2002. Together with proposals for schools and major maintenance                                   
that you will receive separately, it represents a solid investment to                               
meet the most critical needs for Alaska's economic development and                                  
basic public services such as education, transportation and public                                  
protection.                                                                                         
                                                                                                    
We must address needs such as critical deferred maintenance projects,                               
emergency communications equipment upgrades mandated by the                                         
federal government, water and sewer systems, and safety equipment                                   
for child protection and public safety personnel. This budget makes                                 
necessary investments in these basic areas as well as some strategic                                
economic development projects, such as the gasline development.                                     
                                                                                                    
This $1.2 billion capital appropriations bill includes $100.9 million in                            
general funds and $827.4 million in federal funds. AHFC capital funds                               
remain at $52 million and the $17.5 million AIDEA dividend is again                                 
recommended principally for the community capital matching grants                                   
program.                                                                                            
                                                                                                    
I look forward to working with you to put together a responsible                                    
capital budget for the coming year.                                                                 
                                                                                                    
                                  Sincerely,                                                       
                                 /s/                                                                
                                 Tony Knowles                                                       
                                 Governor                                                           
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate from afternoon plane time, January 11                                     
through morning plane time, January 16. Without objection, Senator                                  
Olson was excused.                                                                                  
                                                                                                    

2001-01-11                     Senate Journal                      Page 0056
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., January 12, 2001. Without                                    
objection, the Senate adjourned at 11:31 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                             Acting Secretary of the Senate                         
                                                                                                    
                                                                January 2001                        

2001-01-11                     Senate Journal                      Page 0057
                                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 15                             Monday                              1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 17                           Wednesday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 19                              Friday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                              SENATE FINANCE 532                                                   
Jan 12                              Friday                            9:00 AM                       
  Overview- Alaska Permanent Fund                                                                   
  Corporation                                                                                       
                                                                                                    
Jan 17                           Wednesday                             3:00 PM                      
                              HOUSE FINANCE 519                                                    
  Joint w/(H) Finance                                                                               
  Presentation by Denali Commission                                                                 
                                                                                                    
Jan 18                            Thursday                            9:00 AM                       
  Update on Federal and State Medical                                                               
  Issues- American Medical Association                                                              
                                                                                                    

2001-01-11                     Senate Journal                      Page 0058
                                   FINANCE                                                       
                              SENATE FINANCE 532                                                   
                                                                                                    
Jan 23                             Tuesday                            9:00 AM                       
  Presentation by Alaska Travel Industry                                                            
  Association                                                                                       
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                BUTROVICH 205                                                      
Jan 15                             Monday                              1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 17                           Wednesday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                  BELTZ 211                                                        
Jan 15                             Monday                              1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 17                           Wednesday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 19                              Friday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                  BELTZ 211                                                        
Jan 11                            Thursday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 16                             Tuesday                             1:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 18                            Thursday                             1:30 PM                      
  -- Agenda to be Announced --                                                                      

2001-01-11                     Senate Journal                      Page 0059
                                  RESOURCES                                                      
                                BUTROVICH 205                                                      
                                                                                                    
Jan 15                             Monday                              3:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 17                           Wednesday                             3:30 PM                      
SB  16 OIL DISCH PREVENTION: NONTANK VESSELS/RR                                                     
                                                                                                    
Jan 19                              Friday                             3:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                  BELTZ 211                                                        
Jan 16                             Tuesday                             3:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
Jan 18                            Thursday                             3:30 PM                      
  No Meeting Scheduled                                                                              
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                BUTROVICH 205                                                      
Jan 16                             Tuesday                             1:30 PM                      
  Joint w/(H) Transportation                                                                        
  Transportation Department Workshop                                                                
  General Overview                                                                                  
                                                                                                    
Jan 18                            Thursday                             1:30 PM                      
  Joint w/(H) Transportation                                                                        
  Transportation Department Workshop                                                                
  General Overview                                                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-01-11                     Senate Journal                      Page 0060
                               JOINT COMMITTEES                                                  
                                                                                                    
                      SELECT CMTE ON LEGISLATIVE ETHICS                                          
                              SENATE FINANCE 532                                                   
Jan 17                           Wednesday                             1:00 PM                      
  Public Comment, Report of Old Business,                                                           
  Election of Officers, Committee                                                                   
  Procedures, State Benefit and Loan                                                                
  Programs, Legislation, Administrator                                                              
  Position, Electronic Filing.                                                                      
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                              SENATE FINANCE 532                                                   
Jan 11                            Thursday                             3:00 PM                      
  -- Location Change --                                                                             
  Organizational Meeting