Legislature(2001 - 2002)
2001-03-01 Senate Journal
Full Journal pdf2001-03-01 Senate Journal Page 0551 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday March 1, 2001 Fifty-third Day Pursuant to adjournment the Senate was called to order by President Halford at 11:16 a.m. The roll showed sixteen members present. Senators Cowdery, Ellis, Hoffman, Pearce were excused from a call of the Senate. The prayer was offered by the Chaplain, Jan Conitz of the Juneau Baha'i Assembly. Senator Davis moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Magnified by Thy Name, O God, Thine in truth are the Kingdoms of Creation and Revelation, and verily in our Lord have we placed our whole trust. All praise be unto Thee, O God; Thou art the Maker of the heavens and the earth and that which is between them, and Thou in truth are the supreme Ruler, the Fashioner, the All-Wise, Glorified art Thou, O Lord! Thou wilt surely gather mankind for the Day of whose coming there is no doubt -- the Day whereon everyone shall appear before Thee and find life in Thee. This is the Day of the One true God -- the Day Thou shalt bring about as Thou pleasest through the power of Thy behest. Thou art the Sovereign, the wondrous Creator, the Mighty, the Best Beloved. Senator Olson led the Senate in the Pledge of Allegiance. 2001-03-01 Senate Journal Page 0552 Certification Senator Leman moved and asked unanimous consent that the journal for the fifty-second legislative day and House and Senate Joint Journal Supplement No. 5 be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor HJR 7 Message dated and received February 28 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 7(RES) am Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. Legislative Resolve No. 5 Messages from the House Message dated February 28 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 10 CS FOR HOUSE JOINT RESOLUTION NO. 10(FSH) BY THE HOUSE SPECIAL COMMITTEE ON FISHERIES, Relating to the management of the Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries and the protection and restoration of the Steller sea lion. was read the first time and referred to the Resources Committee. 2001-03-01 Senate Journal Page 0553 First Reading and Reference of House Bills HB 90 CS FOR HOUSE BILL NO. 90(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to reimbursement of municipal bonds for school construction; and providing for an effective date." was read the first time and referred to the Finance Committee. Standing Committee Reports Report dated February 27 was read stating: In accordance with AS 39.05.080, the Senate and House Labor and Commerce Committees met jointly, reviewed the following and recommended the appointments be forwarded to a joint session for consideration: Alaska State Board of Public Accountancy Kathleen B. Shreiber - Eagle River Linda C. Thomas - Juneau State Board of Registration for Architects, Engineers, and Land Surveyors Daphne E. Brown - Anchorage Patrick H. Kalen - Fairbanks Dr. Robert E. Miller - Anchorage Board of Barbers and Hairdressers Darae Crews - Anchorage Sheryl L. Sutton - Juneau Larry Allen Ungerecht - Anchorage Alaska Labor Relations Agency Richard D. Brickley - Fairbanks Aaron T. Isaacs - Klawock Board of Marine Pilots Anthony (Tony) J. Joslyn - Anchor Point Jeffrey L. Thompson - Anchorage 2001-03-01 Senate Journal Page 0554 Occupational Safety and Health Review Board The Honorable Cliff Davidson - Kodiak Carla L. Meek - Juneau Board of Certified Real Estate Appraisers James A. Hage - Fairbanks Stephen F. Turner - Anchorage Real Estate Commission Clarence Bolden - Anchorage Gail Dossman - Anchorage Lottie M. Michael - Anchorage Regulatory Commission of Alaska James S. Strandberg - Anchorage Board of Veterinary Examiners Colonel William (Bill) McDonald - Fairbanks Alaska Workers' Compensation Board John A. Abshire - Wasilla Valerie K. Baffone - Anchorage Richard H. Behrends - Juneau John Giuchici - Fairbanks Stephen T. Hagedorn - Anchorage Andrew (Bear) J. Piekarski - Eagle River Marc D. Stemp - Bethel Robin E. Ward - Anchorage There were no stated objections to the confirmation of any of the named individuals by committee members. This report does not reflect intent by any of the members to vote for or against any candidates during any further sessions. Signing the report: Senator Phillips, Chair, Senators Austerman, Davis, Leman, Torgerson. SB 4 The Community and Regional Affairs Committee considered SENATE BILL NO. 4 "An Act relating to a mandatory exemption from municipal property taxes for certain residences and to an optional exemption from municipal taxes for residential property; and providing for an effective date" and recommended it be replaced with 2001-03-01 Senate Journal Page 0555 CS FOR SENATE BILL NO. 4(CRA) "An Act relating to a mandatory exemption from municipal property taxes for certain residences; and providing for an effective date." Signing do pass: Senator Torgerson, Chair. Signing no recommendation: Senators Phillips, Austerman. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, zero, Department of Revenue The bill was referred to the Finance Committee. SB 99 The Judiciary Committee considered SENATE BILL NO. 99 "An Act relating to the DNA identification registration system." Signing do pass: Senator Taylor, Chair, Senator Donley. Signing no recommendation: Senators Therriault, Ellis. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Administration Fiscal Note No. 2, zero, Department of Public Safety The bill was referred to the Finance Committee. SB 105 The Judiciary Committee considered SENATE BILL NO. 105 "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 105(JUD) Signing do pass: Senator Taylor, Chair, Senators Donley, Ellis, Therriault. 2001-03-01 Senate Journal Page 0556 The following fiscal information was published today: Fiscal Note No. 1, Department of Corrections Fiscal Note No. 2, indeterminate, Department of Law Fiscal Note No. 3, zero, Department of Revenue The bill was referred to the Finance Committee. SB 112 The Health, Education and Social Services Committee considered SENATE BILL NO. 112 "An Act placing certain employees of the Alaska Mental Health Trust Authority in the exempt service; establishing a minimum salary for the long term care ombudsman; and providing for an effective date." Signing do pass: Senator Green, Chair, Senators Leman, Wilken, Ward, Davis. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Revenue The bill was referred to the Finance Committee. Introduction and Reference of Senate Resolutions SCR 7 SENATE CONCURRENT RESOLUTION NO. 7 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, Establishing a Health Care Cost Review Task Force. was read the first time and referred to the Finance Committee. SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 BY SENATOR ELTON, Urging Alaska's political parties to use a State of Alaska freedom of choice blanket primary election. was read the first time and referred to the State Affairs and Judiciary Committees. 2001-03-01 Senate Journal Page 0557 Introduction and Reference of Senate Bills SB 123 SENATE BILL NO. 123 BY SENATOR PEARCE, entitled: "An Act relating to legislative approval for the design and construction of facilities of the Alaska Railroad Corporation." was read the first time and referred to the Transportation and Finance Committees. SB 124 SENATE BILL NO. 124 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the financing of construction and major maintenance of public school facilities; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a certain tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a certain tobacco litigation settlement; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to finance public school construction and major maintenance; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, Department of Revenue Governor's transmittal letter dated February 28: 2001-03-01 Senate Journal Page 0558 Dear President Halford: With declining general fund capital budgets, the backlog of needed school construction and major maintenance projects across our state has continued to grow. Last year we addressed a few of these needs recognizing it was just the beginning of a several-year plan. This bill I am transmitting today is the next phase in our effort to provide adequate, safe and well-maintained schools in which our children can learn. This legislation proposes a bond package addressing some $127 million in statewide school construction and major maintenance to cover the highest priorities on the current statewide list. It is the intent of this legislation that the entire list totaling some $547 million in school construction and maintenance needs be addressed within five years. This bill provides for the sale of a portion of the revenues from the settlement of the state's tobacco litigation, to the Northern Tobacco Securitization Corporation, a subsidiary corporation of the Alaska Housing Finance Corporation created under AS 18.56.086. Similar to the program the Legislature approved last year, the bill authorizes the corporation to issue revenue bonds secured by the litigation revenues to finance state grants for the specified school construction and major maintenance projects. Those projects are comprised of some $69 million for the first four school construction projects on the statewide priority list: Togiak, Golovin, Koyuk, and Tuluksak schools; and $58 million for the top 46 major maintenance projects on the list. We know we have needs beyond those included in this bill. However, this proposal addresses a significant portion of our existing need and provides adequate space and safe learning environments for Alaska's children. I urge your prompt and favorable action. Sincerely, /s/ Tony Knowles Governor 2001-03-01 Senate Journal Page 0559 SB 125 SENATE BILL NO. 125 BY SENATOR HALFORD, entitled: "An Act prescribing a definition of 'damages' that a landowner may claim for injury to or interference with the owner's use of property by a person entering upon the land under the state reservation of oil, gas, mineral, material, or related interests, addressing the determination of the form, amount, and security of the surety bond determined by the director of lands to secure the landowner payment for damages, directing preparation of notice to the landowner for subsurface activities on the land, and setting a limitation on actions against a landowner resulting from entry upon land under the state reservation of interests." was read the first time and referred to the Resources, Judiciary and Finance Committees. SB 126 SENATE BILL NO. 126 BY SENATOR WILKEN, entitled: "An Act establishing a right of action for a legal separation; and amending Rule 42(a), Alaska Rules of Civil Procedure." was read the first time and referred to the State Affairs and Judiciary Committees. SB 127 SENATE BILL NO. 127 BY SENATOR ELTON, entitled: "An Act providing for a blanket primary system, and permitting political parties to select their nominees by alternative means; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 2001-03-01 Senate Journal Page 0560 SB 128 SENATE BILL NO. 128 BY SENATOR LEMAN, entitled: "An Act relating to a two-year transition for implementation of the public high school competency examination as a graduation requirement; 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 Citations In Memoriam - William L. Hagar Senator(s) Halford, Taylor, Kelly, Therriault, Wilken, Ward, Pearce, Green, Austerman, Lincoln, Davis, Elton, Leman, Hoffman, Donley Representative(s) Fate, Coghill, James Senator Leman moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Reconsideration of Senate Bills SB 72 Senator Davis requested that the reconsideration on CS FOR SENATE BILL NO. 72(FIN) "An Act relating to 'take-a-child-hunting' seasons for big game" be taken up. The bill was before the Senate on reconsideration. Senator Davis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Taylor objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. 2001-03-01 Senate Journal Page 0561 Senator Davis offered Amendment No. 1 : Page 1, line 7, after the word "child": Insert "enrolled in school" Senator Davis moved for the adoption of Amendment No. 1. Senator Torgerson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 72(FIN) Second Reading Amendment No. 1 YEAS: 5 NAYS: 10 EXCUSED: 4 ABSENT: 1 Yeas: Davis, Elton, Lincoln, Olson, Phillips Nays: Austerman, Donley, Green, Halford, Kelly, Leman, Taylor, Therriault, Torgerson, Ward Excused: Cowdery, Ellis, Hoffman, Pearce Absent: Wilken and so, Amendment No. 1 failed. The bill was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 72(FIN) "An Act relating to 'take-a-child-hunting' seasons for big game" pass the Senate?" The roll was taken with the following result: CSSB 72(FIN) Third Reading - On Reconsideration YEAS: 14 NAYS: 1 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Davis, Donley, Elton, Green, Halford, Kelly, Leman, Olson, Phillips, Taylor, Therriault, Torgerson, Ward Nays: Lincoln Excused: Cowdery, Ellis, Hoffman, Pearce Absent: Wilken 2001-03-01 Senate Journal Page 0562 and so, CS FOR SENATE BILL NO. 72(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Unfinished Business SB 105 Senator Taylor moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 105 "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date." Without objection, it was so ordered. Announcements Announcements are at the end of the journal. Engrossment SB 72 CS FOR SENATE BILL NO. 72(FIN) "An Act relating to 'take-a- child-hunting' seasons for big game" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Enrollment SJR 3 HOUSE CS FOR SENATE JOINT RESOLUTION NO. 3(MLV) Relating to the deployment of F-22 Raptor aircraft at Elmendorf Air Force Base, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:40 p.m., March 1, 2001. 2001-03-01 Senate Journal Page 0563 Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 3:00 p.m., March 7, 2001. Without objection, the Senate adjourned at 12:01 p.m. Heidi Vogel Secretary of the Senate March 2001 2001-03-01 Senate Journal Page 0564 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS Mar 01 Thursday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 05 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 07 Wednesday Fahrenkamp 203 1:30 PM += SB 48 MUNICIPALITIES:INCORP/PROPERTY VALUATION Testimony by Invitation Only + SB 78 MUNICIPAL REGULATION OF RADIO ANTENNAS + SB 88 METROPOLITAN PLANNING ORGANIZATIONS Mar 09 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 01 Thursday Senate Finance 532 9:00 AM += SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET Bills Previously Heard/Scheduled Mar 07 Wednesday Senate Finance 532 9:00 AM = SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET Bills Previously Heard/Scheduled Mar 08 Thursday Senate Finance 532 9:00 AM = HB 117 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK Bills Previously Heard/Scheduled 2001-03-01 Senate Journal Page 0565 FINANCE (continued) Mar 09 Friday Senate Finance 532 9:00 AM += SB 65 PAY EQUITY FOR STATE EMPLOYEES Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 05 Monday Butrovich 205 1:30 PM No Meeting Scheduled Mar 07 Wednesday Butrovich 205 1:30 PM + Presentation: Career Pathways Kris Forrester, Mat-Su School District + High School Graduation Qualifying Exam: Testimony from business community + SB 120 PUBLIC SCHOOL EXIT EXAM + SB 128 PUBLIC SCHOOL EXIT EXAM TRANSITION PERIOD + Senate Bill: HIGH SCHOOL GRADUATION QUALIFYING EXAM <Pending Referral> + SB 94 EDUCATION FUNDING Bills Previously Heard/Scheduled Mar 10 Saturday Butrovich 205 10:30 AM -- Time Change -- Senate Bill: HIGH SCHOOL GRADUATION QUALIFYING EXAM <Pending Referral> Testimony from Parents, Students, Public Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 02 Friday Beltz 211 1:30 PM No Meeting Scheduled Mar 05 Monday Beltz 211 1:30 PM No Meeting Scheduled 2001-03-01 Senate Journal Page 0566 JUDICIARY (continued) Mar 07 Wednesday Beltz 211 1:30 PM += SB 97 PROBATION AND PAROLE FEES Mar 09 Friday Beltz 211 1:30 PM + SB 103 ELECTION CAMPAIGNS AND LEGISLATIVE ETHICS ---------------------------------------- LABOR & COMMERCE Mar 01 Thursday Beltz 211 1:30 PM + Confirmation Hearings: Vince Coan, Wasilla Ronald L. Otte, Anchorage + SB 6 MOBILE HOME PARK EVICTION NOTICE + SB 37 PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE Mar 06 Tuesday Beltz 211 1:30 PM No Meeting Scheduled Mar 08 Thursday Beltz 211 1:30 PM = SB 6 MOBILE HOME PARK EVICTION NOTICE = SB 37 PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 02 Friday Butrovich 205 3:30 PM No Meeting Scheduled Mar 05 Monday Butrovich 205 3:30 PM No Meeting Scheduled Mar 07 Wednesday Butrovich 205 3:30 PM Overview: Alaska North Slope LNG Sponsor Group Mar 09 Friday Butrovich 205 3:30 PM No Meeting Scheduled 2001-03-01 Senate Journal Page 0567 STATE AFFAIRS Mar 01 Thursday Beltz 211 3:30 PM SB 92 REMOVAL OF MEMBERS OF THE PF BOARD = SB 82 2001 REVISOR'S BILL Mar 06 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Mar 08 Thursday Beltz 211 3:30 PM HB 100 JUNETEENTH DAY SCR 6 APRIL 2001 SEXUAL ASSAULT AWARENESS MONTH ---------------------------------------- TRANSPORTATION Mar 01 Thursday Butrovich 205 1:30 PM No Meeting Scheduled Mar 06 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 08 Thursday Butrovich 205 1:30 PM SB 100 REGULATION OF AERONAUTICS = SB 59 FEDERAL FUNDS TO MUNICIPALITIES FOR ROADS SB 83 CONSTRUCTION OF HIGHWAYS BY DOTPF SB 119 WILLIAM R. WOOD FAIRBANKS INTL AIRPORT ---------------------------------------- FINANCE SUBCOMMITTEES EDUCATION & EARLY DEVELOPMENT Mar 08 Thursday Terry Miller 104 3:30 PM FY 2002 Operating Budget: Increments/Decrements ---------------------------------------- 2001-03-01 Senate Journal Page 0568 ENVIRONMENTAL CONSERVATION Mar 08 Thursday Senate Finance 532 12:00 PM -- Rescheduled from 02/28/01 -- Missions and Measures Capital Budget Requests (other than Village Safe Water Program) Underground storage tank program: operating and capital budgets ---------------------------------------- HEALTH & SOCIAL SERVICES Mar 07 Wednesday Senate Finance 532 4:00 PM Governor's Proposed FY 2002 Budget: Increments/Decrements/Amendments ---------------------------------------- LAW Mar 01 Thursday Terry Miller 104 8:00 AM Overview: FY02 Operating Budget Mar 08 Thursday Terry Miller 104 8:00 AM Missions and Measures FY 2002 Operating Budget: Increments/Decrements ---------------------------------------- MILITARY AND VETERANS AFFAIRS Mar 14 Wednesday Fahrenkamp 203 3:45 PM Budget Overview/Increment Details ---------------------------------------- NATURAL RESOURCES Mar 12 Monday Senate Finance 532 12:00 PM Missions and Measures ---------------------------------------- 2001-03-01 Senate Journal Page 0569 PUBLIC SAFETY Mar 08 Thursday Fahrenkamp 203 3:45 PM Overview: Operating Budget Mar 15 Thursday Fahrenkamp 203 3:45 PM Specific GF Increments/Decrements ---------------------------------------- REVENUE Mar 07 Wednesday Senate Finance 532 12:00 PM Revenue Operating Budget ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Mar 08 Thursday Capitol 102 2:45 PM Katchemak Bay Closure to Bottom Mariculture Mar 13 Tuesday Capitol 102 2:45 PM + To be announced Mar 20 Tuesday Capitol 102 2:45 PM + To be announced Mar 27 Tuesday Capitol 102 2:45 PM + To be announced ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS Mar 12 Monday Beltz 211 8:00 AM + Public Comment Proposed Open Meetings Guidelines ---------------------------------------- 2001-03-01 Senate Journal Page 0570 OTHER MEETINGS FISH CAUCUS Mar 09 Friday Butrovich 205 12:00 PM Impact of Fishing Gear on Marine Habitat