Legislature(2001 - 2002)
2001-01-25 Senate Journal
Full Journal pdf2001-01-25 Senate Journal Page 0167 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday January 25, 2001 Eighteenth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:07 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Father Rob Bruschi of the Holy Trinity Episcopal Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Eternal Spirit, Earth-maker, Pain-bearer, Life-giver, Source of all that is and that shall be, Father and Mother of us all, Loving God, in Whom is heaven: The hallowing of Your name echoes through the universe! The way of Your justice be followed by the peoples of the world! Your heavenly will be done by all created beings! Your commonwealth of peace and freedom sustain our hope and come on earth. With the bread we need for today, feed us. In the hurts we absorb from one another, forgive us. In times of temptation and test, strengthen us. From trials too great to endure, spare us. From the grip of all that is evil, free us. For You reign in the glory of the power that is love, now and forever. Amen. Senator Phillips led the Senate in the Pledge of Allegiance. 2001-01-25 Senate Journal Page 0168 Certification Senator Leman moved and asked unanimous consent that the journal for the seventeenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated January 24 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Legislature at 11:00 a.m. on Wednesday, February 21, 2001 to hear U.S. Senator Frank Murkowski's annual message to the Alaska State Legislature. 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. Standing Committee Reports SB 19 The Resources Committee considered SENATE BILL NO. 19 "An Act repealing the termination date of changes made by ch. 87, SLA 1997 and ch. 132, SLA 1998 regarding child support enforcement and related programs; repealing the nonseverability provision of ch. 132, SLA 1998; repealing certain requirements for applicants for hunting and sport fishing licenses or tags, and for certain hunting permits, to provide social security numbers for child support enforcement purposes; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 19(RES) "An Act repealing the termination date of changes made by ch. 87, SLA 1997, and ch. 132, SLA 1998, regarding child support enforcement and related programs; 2001-01-25 Senate Journal Page 0169 repealing the nonseverability provision of ch. 132, SLA 1998; repealing uncodified laws relating to ch. 87, SLA 1997, and ch. 132, SLA 1998; and providing for an effective date." Signing do pass: Senator Torgerson, Chair, Senators Pearce, Lincoln, Taylor, Kelly. Signing no recommendation: Senator Elton. The following previous fiscal information applies to the committee substitute: Fiscal Note No. 1, zero, Department of Revenue The bill was referred to the Health, Education and Social Services Committee. SB 49 The Resources Committee considered SENATE BILL NO. 49 "An Act eliminating a requirement that a social security number be provided by an applicant for a hunting or sport fishing license or tag and for certain hunting permits; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 49(RES) "An Act eliminating a requirement that a social security number be provided by an applicant for certain hunting or sport fishing licenses, tags, and permits; eliminating a requirement that an application for certain licenses and tags be subscribed and sworn to before an officer authorized to administer oaths; and providing for an effective date." Signing do pass: Senator Torgerson, Chair, Senators Taylor, Pearce, Lincoln, Kelly. Signing no recommendation: Senator Elton. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Fish and Game The bill was referred to the Rules Committee. 2001-01-25 Senate Journal Page 0170 SCR 1 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 1 Relating to Avalanche Awareness Month, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS) Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Ellis, Phillips, Therriault. The following previous fiscal information applies to the committee substitute: Fiscal Note No. 1, zero, Senate Resources Committee The resolution is on today's calendar. SJR 5 Senator Therriault, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on SENATE JOINT RESOLUTION NO. 5 Relating to opposition to National Collegiate Athletic Association legislative proposal 2000-106. Without objection, the resolution was referred to the Rules Committee. Senator Pearce, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived on SENATE JOINT RESOLUTION NO. 5 for the Rules Committee meeting on January 25. Without objection, it was so ordered. Recess Senator Pearce moved and asked unanimous consent that the Senate stand in recess to a call of the Chair for a Rules Committee meeting. Without objection, the Senate recessed at 11:14 a.m. After Recess The Senate reconvened at 11:28 a.m. 2001-01-25 Senate Journal Page 0171 SB 10 The Rules Committee considered SENATE BILL NO. 10 "An Act extending the termination date of the Board of Public Accountancy." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Ellis, Therriault. The bill is on today's calendar. SJR 5 The Rules Committee considered SENATE JOINT RESOLUTION NO. 5 Relating to opposition to National Collegiate Athletic Association legislative proposal 2000-106, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 5(RLS) Relating to supporting the Great Alaska Shootout, the Top of the World Classic, and similar preseason basketball tournaments, and requesting that the National Collegiate Athletic Association reject legislative proposal No. 2000-106. Signing to calendar and do pass: Senator Pearce, Chair, Senators Cowdery, Phillips, Ellis, Therriault. The following fiscal information was published today: Fiscal Note No. 1, zero, Senate Rules Committee The resolution is on today's first supplemental calendar. Introduction and Reference of Senate Resolutions SJR 8 SENATE JOINT RESOLUTION NO. 8 BY SENATORS LEMAN, Phillips, Wilken, Taylor, Kelly, Cowdery, Austerman, Ward, Pearce, Green, Therriault, Relating to supporting polling places at military installations and reserve component facilities. was read the first time and referred to the State Affairs Committee. 2001-01-25 Senate Journal Page 0172 Introduction and Reference of Senate Bills SB 56 SENATE BILL NO. 56 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to initiatives for quality schools; relating to pupil competency testing and the issuance of secondary school diplomas; relating to certain reports regarding academic performance of schools; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Education and Early Development Governor's transmittal letter dated January 24: Dear President Halford: As the next step in continuing the progress of the Quality Schools Initiative, which calls for higher academic standards and improved student achievement in Alaska, I am transmitting this bill relating to fair and responsible timelines for the high school graduation qualifying exam. A date change from current law, which sets the effective date of the graduation exam at January 1, 2002, is necessary for several reasons. School districts need to make sure their lesson plans teach the standards being tested. Students need more time to learn those standards and to get help if they are not on track for a diploma. Proper resources must be in place to provide that help. In short, any final decision to deny a high school diploma must be made fairly, thoughtfully, compassionately and legally. Under this bill, the effective date of the statutory provision requiring high school students to pass the graduation exam in order to receive a diploma would be changed to January 1, 2006. That means the class of 2001-01-25 Senate Journal Page 0173 2006 - today's seventh graders - will have the benefit of two benchmark exams before taking the graduation exam. They took benchmark tests in reading, writing and math last year as sixth graders. They'll take them again next year as eighth graders. Then, as sophomores three years from now, they'll take the high school graduation exam for the first time. This will allow parents and teachers the time to help students who need it well before the graduation exam. This is not the case with the current effective date, or for the students who are now in high school and will be denied diplomas next year if the law does not change. To recognize the unique needs of our special education students, the bill provides for those students' graduation requirements to be developed by the state Board of Education and Early Development. The bill also requires regular reports from the Department of Education and Early Development to the Legislature on the progress each school is making in helping students achieve high academic performance. The state Board of Education and Early Development will use these reports to recommend to the Legislature whether a different effective date should be used to implement the graduation exams. Finally, the bill makes it clear the graduation qualifying test will be given, scored and counted in the interim between 2002 and 2006. Diplomas will be awarded to those students who complete their coursework but do not pass the test. However, the test results will appear on transcripts so that teachers, prospective employers and colleges can review students' proficiency in reading, writing, and math. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor 2001-01-25 Senate Journal Page 0174 SB 57 SENATE BILL NO. 57 BY SENATOR DAVIS, entitled: "An Act increasing quality school funding grants for public schools; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 10 SENATE BILL NO. 10 "An Act extending the termination date of the Board of Public Accountancy" was read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 10 was read the third time. The question being: "Shall SENATE BILL NO. 10 "An Act extending the termination date of the Board of Public Accountancy" pass the Senate?" The roll was taken with the following result: SB 10 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, SENATE BILL NO. 10 passed the Senate and was referred to the Secretary for engrossment. 2001-01-25 Senate Journal Page 0175 Second Reading of Senate Resolutions SCR 1 SENATE CONCURRENT RESOLUTION NO. 1 Relating to Avalanche Awareness Month, was read the second time. Senator Pearce, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 170. Without objection, CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS) was adopted, read the second time and was before the Senate on final passage. The question being: "Shall CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS) Relating to Avalanche Awareness Month, pass the Senate?" The roll was taken with the following result: CSSCR 1(RLS) Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS) passed the Senate and was referred to the Secretary for engrossment. Senator Pearce moved and asked unanimous consent for the adoption of the First Supplemental Calendar. Without objection, it was so ordered. Consideration of the First Supplemental Calendar Second Reading of Senate Resolutions SJR 5 SENATE JOINT RESOLUTION NO. 5 Relating to opposition to National Collegiate Athletic Association legislative proposal 2000- 106, was read the second time. 2001-01-25 Senate Journal Page 0176 Senator Pearce, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 171. Without objection, CS FOR SENATE JOINT RESOLUTION NO. 5(RLS) Relating to supporting the Great Alaska Shootout, the Top of the World Classic, and similar preseason basketball tournaments, and requesting that the National Collegiate Athletic Association reject legislative proposal No. 2000-106, was adopted and read the second time. Senator Leman moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected, then withdrew his objection. There being no further objections, it was so ordered. CS FOR SENATE JOINT RESOLUTION NO. 5(RLS) was read the third time. The question being: "Shall CS FOR SENATE JOINT RESOLUTION NO. 5(RLS) Relating to supporting the Great Alaska Shootout, the Top of the World Classic, and similar preseason basketball tournaments, and requesting that the National Collegiate Athletic Association reject legislative proposal No. 2000-106, pass the Senate?" The roll was taken with the following result: CSSJR 5(RLS) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, CS FOR SENATE JOINT RESOLUTION NO. 5(RLS) passed the Senate and was referred to the Secretary for engrossment. 2001-01-25 Senate Journal Page 0177 Unfinished Business Senator Olson moved and asked unanimous consent to be excused from a call of the Senate from January 26 through morning plane time, January 29. Without objection, Senator Olson was excused. Announcements Announcements are at the end of the journal. Engrossment SB 10 SENATE BILL NO. 10 "An Act extending the termination date of the Board of Public Accountancy" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 1 CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS) Relating to Avalanche Awareness Month was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 5 CS FOR SENATE JOINT RESOLUTION NO. 5(RLS) Relating to supporting the Great Alaska Shootout, the Top of the World Classic, and similar preseason basketball tournaments, and requesting that the National Collegiate Athletic Association reject legislative proposal No. 2000-106, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2001-01-25 Senate Journal Page 0178 Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 26, 2001. Without objection, the Senate adjourned at 11:41 a.m. Heidi Vogel Secretary of the Senate January 2001 2001-01-25 Senate Journal Page 0179 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 Friday 1:30 PM No Meeting Scheduled Jan 29 Monday 1:30 PM No Meeting Scheduled Jan 31 Wednesday 1:30 PM Local Boundary Commission Briefing +SB 48 MUNICIPALITIES:INCORP/PROPERTY VALUATION -- Teleconference <Listen Only> -- Feb 02 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Jan 31 Wednesday 9:00 AM SJR 6 EDUCATION BLOCK GRANTS SB 16 OIL DISCH PREVENTION: NONTANK VESSELS/RR Feb 01 Thursday 9:00 AM SB 27 APPROP: GOVERNOR'S OPERATING BUDGET SB 28 APPROP: MENTAL HEALTH BUDGET SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET 2001-01-25 Senate Journal Page 0180 FINANCE (continued) Feb 02 Friday 9:00 AM SB 9 EXTENDED BOARD OF ARCHITECTS ETC SB 21 FINES BY THE STATE MEDICAL BOARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES HOUSE FINANCE 519 Jan 27 Saturday 10:00 AM + -- Time and Location Change -- Joint w/(H) Special Committee on Education High School Competency Test Jan 29 Monday 1:30 PM +SCR 2 SOBRIETY AWARENESS MONTH +SB 19 CHILD SUPPORT ENFORCEMENT/SOC SEC. # Jan 31 Wednesday 1:30 PM Overview: Dept. of Education and Early Development ---------------------------------------- JUDICIARY BELTZ 211 Jan 26 Friday 1:30 PM No Meeting Scheduled Jan 29 Monday 1:30 PM No Meeting Scheduled Jan 31 Wednesday 1:30 PM No Meeting Scheduled Feb 02 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- 2001-01-25 Senate Journal Page 0181 LABOR & COMMERCE BELTZ 211 Jan 25 Thursday 1:30 PM Walking Tour: Dept. Community & Economic Development Jan 30 Tuesday 1:30 PM No Meeting Scheduled Feb 01 Thursday 1:30 PM SB 38 MEDICAL ASSISTANCE:BREAST/CERVICAL CANCER Presentation/Overview: AK State Hospital & Nursing Home Assoc. AK Process Industry Careers Consortium ---------------------------------------- RESOURCES BUTROVICH 205 Jan 26 Friday 3:30 PM No Meeting Scheduled Jan 29 Monday 3:30 PM Status of Statehood Defense Cases: Department of Law Jan 31 Wednesday 3:30 PM Alaska Soil and Water Conservation District Briefing Department overviews on Natural Gas Pipeline: Department of Revenue, Department of Natural Resources Feb 02 Friday 3:30 PM No Meeting Scheduled Feb 05 Monday 3:30 PM Natural Gas Pipeline Briefing: Foothills Pipelines Co. SENATE FINANCE 532 Feb 06 Tuesday 12:15 PM -- Time and Location Change -- Joint w/(H) Resources Mining Industry Briefing Feb 07 Wednesday 3:30 PM Natural Gas Pipeline Briefing: Gas Pipeline Consortium 2001-01-25 Senate Journal Page 0182 RESOURCES (continued) Feb 09 Friday 3:30 PM Status Briefing on Donald H. Carlson et al. vs State of Alaska Commercial Fisheries Entry Commission: Dept. of Law, OMB, CFEC Feb 14 Wednesday 3:30 PM TAPS Briefing: Dave White, COO Alyeska Pipeline ---------------------------------------- RULES FAHRENKAMP 203 Jan 25 Thursday 11:15 AM =SB 10 EXTENDED BOARD OF PUBLIC ACCOUNTANCY SJR 5 NCAA BASKETBALL PRESEASON TOURNAMENTS Uniform Rule 23 Waived ---------------------------------------- STATE AFFAIRS BELTZ 211 Jan 25 Thursday 3:30 PM +SJR 3 F-22 RAPTOR AIRCRAFT AT ELMENDORF AFB =SJR 5 NCAA BASKETBALL PRESEASON TOURNAMENTS <waived from committee> Jan 30 Tuesday 3:30 PM No Meeting Scheduled Feb 01 Thursday 3:30 PM +SJR 8 VOTING SITES AT MILITARY INSTALLATIONS ---------------------------------------- TRANSPORTATION BUTROVICH 205 Jan 30 Tuesday 1:30 PM Joint w/(H) Transportation Report by the Commissioner of Transportation, Joseph L. Perkins Feb 01 Thursday 1:30 PM No Meeting Scheduled 2001-01-25 Senate Journal Page 0183 FINANCE SUBCOMMITTEES ADMINISTRATION FAHRENKAMP 203 Jan 29 Monday 8:00 AM Overview of the Dept. Of Administration, Missions and Measures, and the Department FY02 budget request. ---------------------------------------- CORRECTIONS FAHRENKAMP 203 Feb 01 Thursday 8:00 AM Overview of the Corrections Dept., Missions and Measures, and the Department's FY02 budget request ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES FAHRENKAMP 203 Jan 31 Wednesday 8:00 AM Overview of DOT/PF, Missions and Measures, and the Department's FY02 budget request JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW BUTROVICH 205 Jan 30 Tuesday 9:30 AM + Overview of Committee Review of Committee Powers Law's Review of Regulations Board of Pharmacy Review Feb 01 Thursday 9:30 AM + Review of Public Hearing on Shellfish Regulations ---------------------------------------- ARMED SERVICES COMMITTEE SENATE FINANCE 532 Jan 30 Tuesday 3:30 PM Address by Lt. General Norton A. Schwartz 2001-01-25 Senate Journal Page 0184 OTHER MEETINGS CHILDREN'S CAUCUS FAHRENKAMP 203 Jan 30 Tuesday 12:00 PM + Balloon Project Report ---------------------------------------- FISH CAUCUS BUTROVICH 205 Jan 26 Friday 12:00 PM Organizational meeting