Legislature(2001 - 2002)
2002-02-04 Senate Journal
Full Journal pdf2002-02-04 Senate Journal Page 2101 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday February 4, 2002 Twenty-second Day Pursuant to adjournment the Senate was called to order by President Halford at 11:09 a.m. The roll showed fifteen members present. Senators Elton, Hoffman, Therriault, Torgerson were excused from a call of the Senate. Senator Kelly was absent. The prayer was offered by the Chaplain, Dr. Paul Beran, Pastor of Resurrection Lutheran Church. Senator Cowdery moved and asked unanimous consent that the prayer be spread. Senator Donley objected. Senator Donley moved that the motion be amended to add the following statement to the journal: "The prayers offered in the Senate are with the deepest respect for the religious beliefs of each person here, every Alaskan, every American and the First Amendment to the Constitution of the United States of America." Senator Donley withdrew his motion. There being no further objections to the motion that the prayer be spread, it was so ordered. Gracious Father, from everlasting to everlasting You are God. You have written our names in pencil and have given to us the gift of this day. In the springtime of this Senate session we thank You for leadership entrusted, responsibilities that beckon, and the opportunity to serve the people of this great state. Save us from simply selling ourselves to small self- centered interests; from petty power struggles; or from merely putting in our time. Stretch us to put 2002-02-04 Senate Journal Page 2102 service ahead of self, principles ahead of personal popularity, and the well-being of the whole diverse people of Alaska ahead of those in our district alone. Give us courage to be leaders of unquestionable integrity; wisdom to listen to the quiet voices, and the flexibility to change, to grow and to compromise. This I pray in the Name of Jesus, Who came not to be served, but to serve. Amen. Senator Lincoln led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journals for the nineteenth through twenty-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated February 1 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 35 HOUSE JOINT RESOLUTION NO. 35 am BY REPRESENTATIVES JAMES, Coghill, Wilson, Hayes, Lancaster, Fate, Relating to urging the United States Congress to amend the tax code to permanently repeal the estate tax. was read the first time and referred to the State Affairs Committee. 2002-02-04 Senate Journal Page 2103 First Reading and Reference of House Bills HB 263 CS FOR HOUSE BILL NO. 263(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act relating to water quality standards applicable to flow-through hot springs." was read the first time and referred to the Resources Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Court System's Travel and Compensation Report for Calendar Year 2001 from Stephanie Cole, Administrative Director in accordance with AS 22.20.037(d) State of Alaska 2001 Compensation and Travel Report of Executive Positions from Jim Duncan, Commissioner, Department of Administration in accordance with AS 37.05.210 Alaska Legislature 2001 Salary and Business Expense Report from Pam Varni, Executive Director, Legislative Affairs Agency in accordance with AS 24.10.120(b) Standing Committee Reports SB 261 Corrected fiscal note for SENATE BILL NO. 261 "An Act relating to capital projects for deferred maintenance, replacement, modification, and expansion of state facilities; relating to leases to secure financing for those projects; relating to the issuance of certificates of participation to finance those projects for certain capital facilities 2002-02-04 Senate Journal Page 2104 owned by the state; giving notice of and approving the entry into, and the issuance of certificates of participation in, lease-financing agreements for those projects; and providing for an effective date" (page 2065) published today: Fiscal Note No. 1, Department of Revenue Introduction and Reference of Senate Resolutions SJR 33 SENATE JOINT RESOLUTION NO. 33 BY SENATOR AUSTERMAN, Proposing an amendment to the Constitution of the State of Alaska relating to limiting the rate of state income and sales and use taxes. was read the first time and referred to the Judiciary and Finance Committees. Introduction and Reference of Senate Bills SB 275 SENATE BILL NO. 275 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the establishment of a research and development program for excellence in the public schools of this state; relating to grants for the improvement or enhancement of school performance; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Community and Regional Affairs and Finance Committees. The following fiscal information was published today: Fiscal Note No. 1, Department of Education and Early Development 2002-02-04 Senate Journal Page 2105 Governor's transmittal letter dated January 31: Dear President Halford: The state has a responsibility and opportunity to help public schools help their students meet essential skill standards in reading, writing and math. We are measuring the progress our students are making toward these standards; we should also assist schools in meeting the standards. This bill I transmit today provides grant programs for low- performing schools to increase their effectiveness and for high- performing schools to enhance their quality, and a research center to assist in this effort to build quality schools. The research center is a critical component of this program for school improvement -- an important missing link in our state's march toward greater accountability for schools. The center's primary function would be to assist low-performing schools in effectively teaching students in a standards-based environment measured by benchmark and high- stakes testing. The center will analyze available data from each school and will help schools develop plans for needed improvements using best-known educational practices and resources. The keystone of the center's effort is academic performance data -- facts about student performance that identify areas of improvement and low performance. The data will be obtained from student scores on the Alaska benchmark and high school exams, and other indicators of school and student performance. Using the data, center staff and contractors will work with school and community leaders, teachers and students. With this bill I am requesting $2 million for the first year of operations for the center. The bill also seeks $4 million in financial assistance for schools to be used for $10,000 to $100,000 grants to low- and high- performing schools. 2002-02-04 Senate Journal Page 2106 It is important to build this program now. We must do all we can now to ensure all of our students can succeed. Sincerely, /s/ Tony Knowles Governor SB 276 SENATE BILL NO. 276 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to increasing the base student allocation and the maximum amount of quality school funding grants for public schools; changing the name of quality school funding grants to 'learning opportunity grants'; relating to the reduction of supplementary public school funding; 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, Department of Education and Early Development Governor's transmittal letter dated January 31: Dear President Halford: Investment in education is necessary to achieve school excellence in Alaska. This bill that I transmit today increases the per-student allocation for school funding and continues the current funding level for quality school grants. It also suspends the reduction of supplementary public school funding. 2002-02-04 Senate Journal Page 2107 This legislation is built on the recommendations of the Education Funding Task Force presented to the Legislature in 2001. The task force identified a five-year plan of specific initiatives and programs to improve student achievement in Alaska. The Legislature last year partially funded the recommended base student allocation in the school funding formula -- increasing it by $70 as opposed to the $115 the task force proposed. This bill continues toward completion of the five-year plan by increasing the base student allocation by $108 per student, from the current $4,010 to $4,118. This increase will provide the resources to ensure that all of Alaska's children have opportunities to meet the high academic standards necessary to succeed in today's world. The base student allocation increases are just one piece of the funding commitment we need to make to achieve academic excellence in our schools. Another piece is continuing the currently funded maximum amount of the quality school funding grants (renamed the "learning opportunity grants" in this bill). Following the task force recommendations, the maximum grant amount would be set in statute at $74 per average daily membership, up from the $16 now in statute. The legislature last year provided one-time funding for higher learning opportunity grants. Improvement in student performance requires a continuous commitment of resources. Finally, the bill would suspend the reduction of supplementary public school funding until fiscal year 2004, when a district cost factor study is complete. The current law funds growth in some districts at only 60 cents on the dollar, sending the wrong message to students and families. This bill represents an investment in our children and Alaska's future. If we are serious about preparing all of our children for the workforce and the challenges of this new century, we must provide the necessary resources. Sincerely, /s/ Tony Knowles Governor 2002-02-04 Senate Journal Page 2108 SB 277 SENATE BILL NO. 277 BY SENATOR AUSTERMAN, entitled: "An Act relating to the definitions of 'floating fisheries business' and 'shore-based fisheries business' for the purposes of the fishery business tax; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 278 SENATE BILL NO. 278 BY SENATORS TORGERSON, Taylor, entitled: "An Act requiring a good faith effort to purchase property before that property is taken through eminent domain; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and Judiciary Committees. Consideration of the Calendar Citations th Honoring - Willard and Beverly Dunham, 50 Wedding Anniversary Senator(s) Torgerson, Ward, Wilken, Hoffman, Leman, Therriault, Halford, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman Honoring - Jody Burcham, Olympic Torchbearer Senator(s) Austerman, Wilken, Hoffman, Leman, Therriault, Halford, Elton, Green, Davis, Kelly, Lincoln, Taylor Representative(s) Stevens th Honoring - Mary Alice Jones, 89 Birthday Senator(s) Austerman, Ward, Wilken, Hoffman, Leman, Therriault, Halford, Elton, Green, Davis, Kelly, Lincoln, Taylor Representative(s) Green 2002-02-04 Senate Journal Page 2109 Honoring - Billy W. Harris Representative(s) Chenault Senator(s) Ward, Wilken, Hoffman, Leman, Therriault, Halford, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman In Memoriam - Trooper James A. Moen Senator(s) Halford, Phillips, Wilken, Hoffman, Leman, Therriault, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman, Donley, Ellis In Memoriam - Paul Shimakonis, "Mr. Birchwood" Senator(s) Halford, Phillips, Wilken, Hoffman, Leman, Therriault, Elton, Green, Davis, Kelly, Lincoln, Taylor, Austerman, Donley Senator Leman moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Phillips moved and asked unanimous consent to be excused from a call of the Senate on February 8. Without objection, Senator Phillips was excused. Senator Stevens moved and asked unanimous consent to be excused from a call of the Senate on February 15 and on the afternoon of February 22. Without objection, Senator Stevens was excused. Announcements Announcements are at the end of the journal. 2002-02-04 Senate Journal Page 2110 Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 6, 2002. Without objection, the Senate adjourned at 11:29 a.m. Heidi Vogel Secretary of the Senate February 2002 2002-02-04 Senate Journal Page 2111 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 Feb 07 Thursday Senate Finance 532 8:00 AM + -- Time and Location Change -- Joint w/(H) Local Boundary Commission: Annual Report, Homer Annexation City of Homer Presentation <Testimony by Invitation Only> Feb 09 Saturday Senate Finance 532 9:00 AM + -- Time and Location Change -- Joint w/(H) Citizens Concerned About Annexation Public Testimony on Homer Annexation ---------------------------------------- FINANCE Feb 05 Tuesday Senate Finance 532 9:30 AM SB 247 REAPPROPRIATIONS & CAPITAL APPROPRIATIONS Capital Budget Overview Bills Previously Heard/Scheduled 2002-02-04 Senate Journal Page 2112 FINANCE (Continued) Feb 06 Wednesday Senate Finance 532 9:30 AM SB 272 SUPPLEMENTAL APPROP TOURISM MARKETING = SB 153 UNDERGROUND STORAGE TANK LOAN FUND = SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Feb 04 Monday Butrovich 205 1:30 PM + SB 256 CERTIFICATE OF NEED PROGRAM + SCR 21 TREATMENT FOR DISTURBED CHILDREN Feb 06 Wednesday Butrovich 205 1:30 PM No Meeting Scheduled Feb 07 Thursday Butrovich 205 4:00 PM -- Time Change -- Proposed Meeting Joint w/(H) Overview: Substance Abuse Directors Association of Alaska ---------------------------------------- JUDICIARY Feb 04 Monday Beltz 211 1:30 PM No Meeting Scheduled Feb 06 Wednesday Beltz 211 1:30 PM + HB 111 CIVIL LIABILITY AND LIVESTOCK Feb 07 Thursday To Be Announced 2:00 PM -- Time Change -- + Joint w/(H) Alaska Trust Law Feb 08 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- 2002-02-04 Senate Journal Page 2113 LABOR & COMMERCE Feb 05 Tuesday Beltz 211 1:30 PM No Meeting Scheduled Feb 07 Thursday Beltz 211 1:30 PM + HCR 12 FOREIGN SHIPS AND U.S. LONGSHOREMEN + SB 257 EXTEND BOARD OF PROFESSIONAL COUNSELORS + SB 244 OPTOMETRISTS: SUNSET AND MISCELLANEOUS ---------------------------------------- RESOURCES Feb 04 Monday Butrovich 205 3:30 PM No Meeting Scheduled Feb 06 Wednesday Butrovich 205 3:30 PM No Meeting Scheduled Feb 08 Friday Butrovich 205 3:30 PM = SB 140 SMALL WATER-POWER DEVELOPMENT PROJECTS SB 255 LAND EXCHANGES: GOLD CORD DEVELOPMENT Feb 13 Wednesday Senate Finance 532 3:30 PM -- Location Change -- Joint w/Joint Committee on Natural Gas Pipelines Overviews: Dept of Revenue- Financial Participation in AK Natural Gas Pipeline Dept of Natural Resources- Gas Supply and Demand; Natural Gas and LNG Value ---------------------------------------- STATE AFFAIRS Feb 05 Tuesday Beltz 211 3:30 PM No Meeting Scheduled 2002-02-04 Senate Journal Page 2114 STATE AFFAIRS (Continued) Feb 07 Thursday Beltz 211 3:30 PM SB 258 AUTHORIZING ELECTRONIC BALLOTS SCR 22 SOBRIETY AWARENESS MONTH SJR 31 TAX EXEMPT BONDS TO FUND VETERANS LOANS Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES ARMED SERVICES COMMITTEE Feb 05 Tuesday Senate Finance 532 1:30 PM -- Location Change -- Lt. General Norton Schwartz, Maj. Gen. Willie B. Nance: Briefing ---------------------------------------- NATURAL GAS PIPELINES Feb 13 Wednesday Senate Finance 532 3:30 PM Joint w/Senate Resources Committee Overviews: Dept of Revenue- Financial Participation in AK Natural Gas Pipeline Dept of Natural Resources- Gas Supply and Demand; Natural Gas and LNG Value ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Feb 12 Tuesday Fahrenkamp 203 12:00 PM + Alaska Women's Resource Center: Stepping Stones Program ---------------------------------------- 2002-02-04 Senate Journal Page 2115 JOINT SESSION Feb 19 Tuesday House Chamber 11:00 AM US Senator Frank Murkowsi Feb 20 Wednesday House Chamber 11:00 AM Chief Justice Dana Fabe