Legislature(2001 - 2002)
2001-03-16 Senate Journal
Full Journal pdf2001-03-16 Senate Journal Page 0689 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday March 16, 2001 Sixty-eighth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:16 a.m. The roll showed fourteen members present. Senators Cowdery, Lincoln, Olson were excused from a call of the Senate. Senators Hoffman, Kelly, Pearce were absent. The prayer was offered by the Chaplain, Dr. Walter Soboleff. Senator Elton moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Thou who art merciful, wise and glorious, our God and Father, once again as You have spared us with life, we humbly bow in a moment of prayer to say we have need of thee always. In Your providence we have fresh air, water, food, shelter, land, seasons, all in order; Your blessings are manifold. Thou art the Great Host and we are Your guests. Thank You for this great love. Amen. Senator Ward led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journal for the sixty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Kelly, Pearce was noted. 2001-03-16 Senate Journal Page 0690 Messages from the House SB 84 Message dated March 15 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 84(FIN) "An Act exempting certain joint action agencies from regulation by the state or municipalities; relating to the relationship between certain joint action agencies and the public utilities that form the joint action agencies; relating to powers and immunities of certain joint action agencies; requiring filing of certain joint action agency agreements; relating to the financial affairs of certain joint action agencies; declaring certain joint action agencies to be political subdivisions for certain purposes; relating to liability and indemnification of officers, employees, and agents of certain joint action agencies; and defining 'agency agreement' and 'parties to the agency agreement' as used with reference to certain joint action agencies." The bill was referred to the Secretary for enrollment. Message dated March 15 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 103 CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." was read the first time and referred to the Finance Committee. 2001-03-16 Senate Journal Page 0691 HB 104 CS FOR HOUSE BILL NO. 104(FIN) BY THE HOUSE FINANCE COMMITTEE, 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. HB 127 CS FOR HOUSE BILL NO. 127(RLS) BY THE HOUSE RULES COMMITTEE, entitled: "An Act relating to aviation and to emergency equipment to be carried on aircraft." was read the first time and referred to the Transportation Committee. Senator Olson was added as a cross sponsor on the bill. Standing Committee Reports SB 83 Forthcoming fiscal note (page 654) for the SENATE BILL NO. 83 "An Act relating to construction of highways by the Department of Transportation and Public Facilities" published today from Department of Transportation and Public Facilities. HB 109 The State Affairs Committee considered HOUSE BILL NO. 109 "An Act relating to failure by an election official to execute the voter's certificate on an absentee ballot or by a person authorized by law to execute the voter's certificate on a questioned ballot." Signing do pass: Senator Therriault, Chair, Senators Phillips, Davis, Pearce. 2001-03-16 Senate Journal Page 0692 The following previously published fiscal information applies: Fiscal Note No. 1, zero, Office of the Governor The bill was referred to the Rules Committee. HCR 6 The State Affairs Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(HES) am Requesting the Governor to declare March 18 - 24, 2001, to be Inhalants and Poisons Awareness Week and August 26 - September 1, 2001, to be Inhalant Awareness Week, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(STA) Signing do pass: Senator Therriault, Chair, Senators Phillips, Davis, Pearce. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Health, Education and Social Services Committee The resolution was referred to the Rules Committee. Recess Senator Leman 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 11:23 a.m. After Recess The Senate reconvened at 11:36 a.m. 2001-03-16 Senate Journal Page 0693 Standing Committee Reports (continued) SB 93 The Rules Committee considered SENATE BILL NO. 93 "An Act relating to the Arctic Winter Games Team Alaska trust; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Phillips, Therriault, Ellis. The bill is on today's calendar. SB 119 The Rules Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 119 "An Act naming the William R. Wood Fairbanks International Airport; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Phillips, Therriault, Ellis. The bill is on today's calendar. HCR 6 The Rules Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(HES) am Requesting the Governor to declare March 18 - 24, 2001, to be Inhalants and Poisons Awareness Week and August 26 - September 1, 2001, to be Inhalant Awareness Week. Signing to calendar: Senator Pearce, Chair, Senators Phillips, Therriault, Ellis. The resolution is on today's calendar. Introduction and Reference of Senate Bills SB 147 SENATE BILL NO. 147 BY SENATOR COWDERY, entitled: "An Act relating to nongovernmental activities of state departments; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. 2001-03-16 Senate Journal Page 0694 SB 148 SENATE BILL NO. 148 BY SENATOR TORGERSON, entitled: "An Act relating to remote water storage for fire departments." was read the first time and referred to the Resources and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 93 SENATE BILL NO. 93 "An Act relating to the Arctic Winter Games Team Alaska trust; and providing for an effective date" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 673. Without objection, CS FOR SENATE BILL NO. 93(FIN) was adopted and 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. CS FOR SENATE BILL NO. 93(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 93(FIN) "An Act relating to the Arctic Winter Games Team Alaska trust; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-03-16 Senate Journal Page 0695 CSSB 93(FIN) Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 1 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Davis, Donley, Ellis, Elton, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Green Excused: Cowdery, Lincoln, Olson Absent: Hoffman and so, CS FOR SENATE BILL NO. 93(FIN) passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 119 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 119 "An Act naming the William R. Wood Fairbanks International Airport; and providing for an effective date" 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. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 119 was read the third time. The question being: "Shall SPONSOR SUBSTITUTE FOR SENATE BILL NO. 119 "An Act naming the William R. Wood Fairbanks International Airport; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-03-16 Senate Journal Page 0696 SSSB 119 Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Davis, Donley, Ellis, Elton, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Cowdery, Lincoln, Olson Absent: Hoffman and so, SPONSOR SUBSTITUTE FOR SENATE BILL NO. 119 passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of House Resolutions HCR 6 CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(HES) am Requesting the Governor to declare March 18 - 24, 2001, to be Inhalants and Poisons Awareness Week and August 26 - September 1, 2001, to be Inhalant Awareness Week, was read the second time. Senators Ward, Halford, Pearce, Leman, Taylor, Green, Ellis, Davis, Austerman, Elton, Wilken moved and asked unanimous consent to be shown as cross sponsors on the resolution. Without objection, it was so ordered. Senator Therriault, Chair, moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 692. Without objection, SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(STA) was adopted, read the second time and was before the Senate on final passage. 2001-03-16 Senate Journal Page 0697 The question being: "Shall SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(STA) Requesting the Governor to declare March 18 - 24, 2001, to be Inhalants and Poisons Awareness Week and August 26 - September 1, 2001, to be Inhalant Awareness Week, pass the Senate?" The roll was taken with the following result: SCS CSHCR 6(STA) Second Reading - Final Passage YEAS: 16 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Davis, Donley, Ellis, Elton, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Cowdery, Lincoln, Olson Absent: Hoffman and so, SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(STA) passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Le Bron McPhail, Milken Family Foundation National Educator Award Senator(s) Green, Ward, Austerman, Taylor, Kelly, Pearce, Elton, Davis, Lincoln, Wilken, Ellis, Halford, Therriault, Leman 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. Unfinished Business Senator Ward moved and asked unanimous consent to be excused from a call of the Senate from March 23 through plane time, March 24, and from March 28 through plane time, March 29. Without objection, Senator Ward was excused. 2001-03-16 Senate Journal Page 0698 SJR 14 The reconsideration on CS FOR SENATE JOINT RESOLUTION NO. 14(STA) Urging President Bush, the United States Department of State, and the United States Congress to intervene and negotiate with the government of Canada to reconsider the imposition of a fee to transport firearms through Canada, was not taken up this legislative day and the resolution was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 93 CS FOR SENATE BILL NO. 93(FIN) "An Act relating to the Arctic Winter Games Team Alaska trust; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 119 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 119 "An Act naming the William R. Wood Fairbanks International Airport; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 14 CS FOR SENATE JOINT RESOLUTION NO. 14(STA) Urging President Bush, the United States Department of State, and the United States Congress to intervene and negotiate with the government of Canada to reconsider the imposition of a fee to transport firearms through Canada, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2001-03-16 Senate Journal Page 0699 HCR 6 SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(STA) Requesting the Governor to declare March 18 - 24, 2001, to be Inhalants and Poisons Awareness Week and August 26 - September 1, 2001, to be Inhalant Awareness Week, was engrossed, signed by the President and Secretary and returned to the House for consideration. Enrollment SCR 4 CS FOR SENATE CONCURRENT RESOLUTION NO. 4(STA) Relating to declaring April 6, 2001, as Alaska Tartan Day, 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 3:05 p.m., March 16, 2001. Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 19, 2001. Without objection, the Senate adjourned at 11:56 a.m. Heidi Vogel Secretary of the Senate March 2001 2001-03-16 Senate Journal Page 0700 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Mar 16 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 19 Monday Fahrenkamp 203 1:30 PM + SB 1 FOUNDATION FORMULA INCREASE + SB 59 FEDERAL FUNDS TO MUNICIPALITIES FOR ROADS + HB 13 SERVICE AREAS:VOTER APPROVAL/TAX ZONES + HB 24 BOROUGH REVENUES FOR TOURISM MARKETING Mar 21 Wednesday Fahrenkamp 203 1:30 PM No Meeting Scheduled Mar 23 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Mar 16 Friday Senate Finance 532 9:00 AM + University of Alaska Budget Request/ Missions and Measures Bills Previously Heard/Scheduled 2001-03-16 Senate Journal Page 0701 FINANCE (continued) Mar 19 Monday Senate Finance 532 9:00 AM + SCR 7 HEALTH CARE COST REVIEW TASK FORCE + SB 4 MUNICIPAL PROPERTY TAX EXEMPTION + SB 137 ALASKA HUMAN RESOURCE INVESTMENT COUNCIL + SB 6 MOBILE HOME PARK EVICTION NOTICE Bills Previously Heard/Scheduled Mar 20 Tuesday Senate Finance 532 9:00 AM = SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET Bills Previously Heard/Scheduled Mar 21 Wednesday Senate Finance 532 9:00 AM No Meeting Scheduled Mar 22 Thursday Senate Finance 532 9:00 AM SB 48 MUNICIPALITIES:INCORP/PROPERTY VALUATION SB 103 ELECTION CAMPAIGNS AND LEGISLATIVE ETHICS SB 88 METROPOLITAN PLANNING ORGANIZATIONS Bills Previously Heard/Scheduled Mar 23 Friday Senate Finance 532 9:00 AM HB 103 APPROP: OPERATING BUDGET HB 104 APPROP: MENTAL HEALTH BUDGET Budget Subcommittee Chairs' Progress Rpts -- no public testimony -- -- no testimony by invitation -- Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Mar 16 Friday Beltz 211 12:00 PM -- Time and Location Change-- = SB 133 PUBLIC SCHOOL EXIT EXAM = SB 67 ASSISTED LIVING HOMES = SB 91 ABORTION: INFORMED CONSENT;INFORMATION = SB 86 TEACHER EMPLOYMENT & SUBJECT EXPERTISE = SB 94 EDUCATION FUNDING Bills Previously Heard/Scheduled 2001-03-16 Senate Journal Page 0702 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Mar 19 Monday Butrovich 205 1:30 PM + Education Funding Task Force Presentation += SB 86 TEACHER EMPLOYMENT & SUBJECT EXPERTISE Bills Previously Heard/Scheduled Mar 21 Wednesday Butrovich 205 1:30 PM + Building Bridges Campaign Presentation Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Mar 16 Friday Beltz 211 1:30 PM No Meeting Scheduled Mar 19 Monday Beltz 211 1:30 PM + HB 34 RULE AGAINST PERPETUITIES + SB 85 FAILURE TO REPORT A VIOLENT CRIME <Above Bill Removed from Agenda> Mar 21 Wednesday Beltz 211 1:30 PM + SB 82 2001 REVISOR'S BILL + SB 142 LEASE-PURCHASE SPRING CREEK CORRECTIONAL Mar 23 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE Mar 20 Tuesday Beltz 211 1:30 PM + SB 138 INSURANCE CODE AMENDMENTS Bills Previously Heard/Scheduled Mar 22 Thursday Beltz 211 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- 2001-03-16 Senate Journal Page 0703 RESOURCES Mar 16 Friday Butrovich 205 3:30 PM + SB 121 RIGHT-OF-WAY LEASING ACT SB 125 LAND ENTRY UNDER STATE RESERVATION OF RT. <Above Bill Removed from Agenda> + SJR 15 CHILEAN FARMED SALMON + HJR 10 GROUNDFISH FISHERIES AND STELLER SEA LION Mar 19 Monday Butrovich 205 3:30 PM + SB 136 RESOURCE DEVELOPMENT: BD./GRANTS/FUND + SB 143 RIGHT-OF-WAY LEASING ACT:APPLICATION COST Mar 21 Wednesday Butrovich 205 3:30 PM += SB 125 LAND ENTRY UNDER STATE RESERVATION OF RT. + SB 140 SMALL WATER-POWER DEVELOPMENT PROJECTS + SB 24 LEGIS APPROVAL OF SEAFOOD/FOOD SAFETY LAB Mar 23 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- RULES Mar 16 Friday Fahrenkamp 203 11:30 AM -- Time Change -- = SB 119 WILLIAM R. WOOD FAIRBANKS INTL AIRPORT = SB 93 ARCTIC WINTER GAMES TEAM ALASKA TRUST = HCR 6 INHALANTS AND POISONS AWARENESS WEEKS Mar 19 Monday Fahrenkamp 203 10:45 AM SB 77 NET PROFIT SHARE UNDER/OVERPAYMENTS SB 78 MUNICIPAL REGULATION OF RADIO ANTENNAS SB 99 DNA REGISTRATION OF BURGLARS ---------------------------------------- 2001-03-16 Senate Journal Page 0704 STATE AFFAIRS Mar 20 Tuesday Beltz 211 3:30 PM Overview: Readying Our Workforce for Progress Steve Goodrich, President, Center for Organizational Excellence SJR 17 FEDERAL GUN POLICIES Bills Previously Heard/Scheduled Mar 22 Thursday Beltz 211 3:30 PM SB 127 OPTIONAL BLANKET PRIMARY SB 146 MODIFIED BLANKET PRIMARY ELECTION SCR 8 POLITICAL PARTIES BLANKET PRIMARY ELECTNS ---------------------------------------- TRANSPORTATION Mar 20 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 22 Thursday Butrovich 205 1:30 PM + SB 123 LEGISLATIVE APPROVAL:RAILROAD FACILITIES + SB 111 BONDS TO FUND PORTS AND HARBORS + SB 44 ALASKA TOLL BRIDGE AND CAUSEWAY AUTHORITY + SB 45 APPROP: DESIGN OF KNIK ARM CROSSING ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Mar 19 Monday Fahrenkamp 203 8:00 AM -- Meeting Postponed to 3/20/01-- Review Operating Budget Mar 20 Tuesday Fahrenkamp 203 8:00 AM -- Rescheduled from 3/19/01 -- Review Operating Budget ---------------------------------------- 2001-03-16 Senate Journal Page 0705 FINANCE SUBCOMMITTEES (continued) COMMUNITY AND ECONOMIC DEVELOPMENT Mar 22 Thursday Senate Finance 532 3:30 PM Budget Closeout ---------------------------------------- CORRECTIONS Mar 22 Thursday Fahrenkamp 203 8:00 AM Review Operating Budget ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Mar 20 Tuesday Terry Miller 104 8:00 AM Education Funding Task Force Presentation Mar 20 Tuesday Terry Miller 104 3:30 PM Child Care Issues ---------------------------------------- FISH & GAME Mar 22 Thursday Senate Finance 532 1:30 PM Budget Closeout ---------------------------------------- LAW Mar 19 Monday Terry Miller 104 8:00 AM FY02 Operating Budget Major Increments and Decrements ---------------------------------------- NATURAL RESOURCES Mar 19 Monday Senate Finance 532 12:00 PM + Operating Budget ---------------------------------------- 2001-03-16 Senate Journal Page 0706 FINANCE SUBCOMMITTEES (continued) TRANSPORTATION & PUBLIC FACILITIES Mar 21 Wednesday Fahrenkamp 203 8:00 AM Review Operating Budget ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Mar 20 Tuesday Capitol 102 2:45 PM + Kachemak Bay Closure to Bottom Mariculture (continued from 3/8/01) Mar 27 Tuesday Capitol 102 2:45 PM + To be announced Apr 03 Tuesday Capitol 102 2:45 PM + To Be Announced ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Mar 20 Tuesday Fahrenkamp 203 12:00 PM + Alaska State Troopers: Child Abuse in AK ---------------------------------------- FISH CAUCUS Mar 16 Friday Butrovich 205 12:00 PM Local Area Management Plans Mar 23 Friday Butrovich 205 12:00 PM + Dept of Fish & Game's use of commercial test fisheries ---------------------------------------- 2001-03-16 Senate Journal Page 0707 MINORITY CAUCUS Mar 19 Monday Governor's Conf Rm 4:00 PM Joint Open Caucus with House Presentation by the Education Task Force