Legislature(2001 - 2002)

2001-04-03 Senate Journal

Full Journal pdf

2001-04-03                     Senate Journal                      Page 0917
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                       April 3, 2001                    
                                                                                                    
                               Eighty-sixth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:22 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Cowdery was                                       
absent.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Jesse Kiehl of the Juneau                                   
Jewish Community. Senator Hoffman moved and asked unanimous                                         
consent that the prayers for today and April 2 be spread. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
       Grant, O Eternal God, that we may live this day in                                           
       peace, and raise us up, each morning, to life renewed.                                       
       Spread over us the shelter of Your peace; guide us with                                      
       Your good counsel; and for Your name's sake, be our                                          
       Help. Shield us from hatred and sickness; keep us from                                       
       strife and famine and anguish. O God, our Guardian                                           
       and Helper, give us refuge in the shadow of Your                                             
       wings. O guard our coming and going, that now and                                            
       always we have life and peace. Baruch atah Adonai.                                           
       Blessed is the Eternal, whose shelter of peace spreads                                       
       over us, and over all the people of the world.                                               
                                                                                                    
       We add a prayer today for Juanita Cowdery, wife of                                           
       Senator Cowdery. Mi Sheberakh: May the One who                                               
       blessed our ancestors and the forebearers of all people,                                     
       bless and heal those who are ill. May the Holy Blessed                                       
       One overflow with compassion upon them, to restore                                           
       them, and to heal and strengthen them. May God send                                          
       Juanita speedily a complete healing - healing of the                                         
       soul and healing of the body - along with all those who                                      
       are ill, and let us all say: Amen.                                                           

2001-04-03                     Senate Journal                      Page 0918
          Prayer offered April 2:                                                                   
                                                                                                    
          Baruch atah Adonai, eloheinu melekh ha-olam,                                              
          hama-avir shayno may-aynoy usnumo mayafapoi.                                              
          Blessed art Thou, Eternal God, ruler of the universe,                                     
          Who removes sleep from the eyes and slumber from                                          
          the eyelids.                                                                              
                                                                                                    
          Baruch atah Adonai, eloheinu ruach ha-olam,                                               
          pokayach ivrim. Blessed are You, Eternal God, Who                                         
          guides all the world, and Who opens the eyes of the                                       
          blind.                                                                                    
                                                                                                    
          Baruch atah Adonai, eloheinu melekh ha-olam,                                              
          zokaif kefufim. Blessed is the Eternal our God, Maker                                     
          of the universe, Who lifts up the fallen.                                                 
                                                                                                    
          Baruch atah Adonai, eloheinu ruach ha-olam,                                               
          hanosayn layo-ayf koach. Blessed art Thou, oh                                             
          Eternal God, Who gives strength to the weary.                                             
                                                                                                    
          Oseh shalom bimromav hu ya-asseh shalom aleinu,                                           
          v'al kol yoshvei teyvel, veimru. Amen. May the one                                        
          Who makes peace in the high places help us and all                                        
          those on earth to achieve Shalom: oneness with                                            
           ourselves, one another and with God.               Amen.                                
                                                                                                    
Senator Davis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
Senator Leman moved and asked unanimous consent that Senator                                        
Cowdery be excused from a call of the Senate. Without objection, it                                 
was so ordered.                                                                                     
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the eighty-fifth legislative day be approved as certified by the                                
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    

2001-04-03                     Senate Journal                      Page 0919
                           Messages from the House                                               
                                                                                                    
HB 24                                                                                             
Message dated April 2 was read, stating the House concurred in the                                  
Senate amendment to CS FOR HOUSE BILL NO. 24(EDT) "An Act                                           
relating to use of borough revenues from a sales tax levied upon room                               
rentals for a tourism marketing campaign" thus adopting:                                            
                                                                                                    
          CS FOR HOUSE BILL NO. 24(EDT)(efd add S)                                                  
          "An Act relating to use of borough revenues from a                                        
          sales tax levied upon room rentals for a tourism                                          
          marketing campaign; and providing for an effective                                        
          date."                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 76                                                                                             
The Resources Committee considered SPONSOR SUBSTITUTE FOR                                           
SENATE BILL NO. 76 "An Act relating to the Alaska Right-of-Way                                      
Leasing Act; and providing for an effective date." Signing do pass:                                 
Senator Torgerson, Chair, Senators Pearce, Halford. Signing no                                      
recommendation: Senators Lincoln, Elton.                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Natural                                            
  Resources                                                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 91                                                                                             
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 91 "An Act relating to information and services                                     
available to pregnant women and other persons; and ensuring                                         
informed consent before an abortion may be performed, except in                                     
cases of medical emergency" and recommended it be replaced with                                     
                                                                                                    
          CS FOR SENATE BILL NO. 91(HES)                                                            
                                                                                                    
Signing do pass: Senator Green, Chair, Senators Leman, Ward.                                        
Signing no recommendation: Senator Wilken.                                                          

2001-04-03                     Senate Journal                      Page 0920
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 121                                                                                            
The Resources Committee considered SENATE BILL NO. 121 "An                                          
Act adding, for purposes of the Alaska Right-of-Way Leasing Act, a                                  
definition of 'substantial change' as applied to an amended right-of-                               
way lease application; and providing for an effective date" and                                     
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 121(RES)                                                           
                                                                                                    
Signing do pass: Senator Torgerson, Chair, Senators Taylor, Pearce,                                 
Kelly.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Natural Resources                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 148                                                                                            
The Resources Committee considered SENATE BILL NO. 148 "An                                          
Act relating to remote water storage for fire departments." Signing do                              
pass: Senator Torgerson, Chair, Senators Taylor, Pearce, Kelly.                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Natural Resources                                                 
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HCR 5                                                                                             
The Rules Committee considered HOUSE CONCURRENT                                                     
RESOLUTION NO. 5(title am) Proposing amendments to Uniform                                          
Rules 20(a), 37, and 49(a)(4) of the Alaska State Legislature. Signing                              
to calendar: Senator Pearce, Chair, Senators Phillips, Therriault, Ellis.                           
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    

2001-04-03                     Senate Journal                      Page 0921
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 174                                                                                            
SENATE BILL NO. 174 BY THE SENATE FINANCE                                                           
COMMITTEE, entitled:                                                                                
                                                                                                    
             "An Act relating to education funding; and providing                                  
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HCR 5                                                                                             
HOUSE CONCURRENT RESOLUTION NO. 5(title am) Proposing                                               
amendments to Uniform Rules 20(a), 37, and 49(a)(4) of the Alaska                                   
State Legislature, was read the second time.                                                        
                                                                                                    
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Senate Committee Substitute offered on                                
page 452. Without objection, SENATE CS FOR HOUSE                                                    
CONCURRENT RESOLUTION NO. 5(STA) was adopted, read the                                              
second time and was before the Senate on final passage.                                             
                                                                                                    
The question being: "Shall SENATE CS FOR HOUSE                                                      
CONCURRENT RESOLUTION NO. 5(STA) Proposing amendments                                               
to Uniform Rules 20(a), 37, and 49(a)(4) of the Alaska State                                        
Legislature, pass the Senate?" The roll was taken with the following                                
result:                                                                                             
                                                                                                    
SCS HCR 5(STA)                                                                                      
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Donley, Ellis, Elton, Green, Halford,                                      
Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor,                                    
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    

2001-04-03                     Senate Journal                      Page 0922
and so, SENATE CS FOR HOUSE CONCURRENT RESOLUTION                                                   
NO. 5(STA) passed the Senate and was referred to the Secretary for                                  
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 156                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 156(RES) "An                                          
Act amending the Alaska Land Act to clarify the requirement of a                                    
single written best interest finding required for the sale, lease, or other                         
disposal of state land or resources or an interest in them, and relating                            
to certain disposals involving multiphased development; and providing                               
for an effective date" was not taken up this legislative day and the bill                           
was referred to the Secretary for engrossment.                                                      
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
SJR 22                                                                                            
Senator Taylor, Chair, moved and asked unanimous consent that                                       
Uniform Rule 23 be waived on SENATE JOINT RESOLUTION NO.                                            
22 Proposing an amendment to the Constitution of the State of Alaska                                
relating to the retention elections for justices of the Alaska supreme                              
court and judges of the superior court, for the Judiciary Committee                                 
meeting on April 4. Without objection, it was so ordered.                                           
                                                                                                    
HB 13                                                                                             
Senator Taylor, Chair, moved and asked unanimous consent that                                       
Uniform Rule 23 be waived on CS FOR SPONSOR SUBSTITUTE                                              
FOR HOUSE BILL NO. 13(JUD) "An Act relating to municipal                                            
service areas and providing for voter approval of the formation,                                    
alteration, or abolishment of certain service areas" for the Judiciary                              
Committee meeting on April 4. Without objection, it was so ordered.                                 
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-03                     Senate Journal                      Page 0923
                                 Engrossment                                                     
                                                                                                    
SB 156                                                                                            
CS FOR SENATE BILL NO. 156(RES) "An Act amending the Alaska                                         
Land Act to clarify the requirement of a single written best interest                               
finding required for the sale, lease, or other disposal of state land or                            
resources or an interest in them, and relating to certain disposals                                 
involving multiphased development; and providing for an effective                                   
date" was engrossed, signed by the President and Secretary and                                      
transmitted to the House for consideration.                                                         
                                                                                                    
HCR 5                                                                                             
SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO.                                                       
5(STA) Proposing amendments to Uniform Rules 20(a), 37, and                                         
49(a)(4) of the Alaska State Legislature, was engrossed, signed by the                              
President and Secretary and returned to the House for consideration.                                
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., April 4, 2001. Without                                       
objection, the Senate adjourned at 11:39 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2001                       

2001-04-03                     Senate Journal                      Page 0924
                                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                                            
                                                                                                    
Apr 04        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ HB  16 HOME RULE COMMUNITIES                                                                      
                                                                                                    
Apr 06        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 03        Tuesday                   Senate Finance 532            9:00 AM                     
= HB 103 APPROP: OPERATING BUDGET                                                                   
= HB 104 APPROP:  MENTAL HEALTH BUDGET                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 04        Wednesday                 Senate Finance 532            9:00 AM                     
= HB 103 APPROP: OPERATING BUDGET                                                                   
= HB 104 APPROP:  MENTAL HEALTH BUDGET                                                              
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 05        Thursday                  Senate Finance 532            9:00 AM                     
+= HB 103 APPROP: OPERATING BUDGET                                                                  
+= HB 104 APPROP:  MENTAL HEALTH BUDGET                                                             
+ SB 154 REPEAL SUNSET OF MENTAL HEALTH ASSISTANCE                                                  
+= SB 136 RESOURCE DEVELOPMENT: BD./GRANTS/FUND                                                     
+= SB 123 LEGISLATIVE APPROVAL:RAILROAD FACILITIES                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-03                     Senate Journal                      Page 0925
                             FINANCE (continued)                                                 
                                                                                                    
Apr 06        Friday                    Senate Finance 532            9:00 AM                     
+= HB 103 APPROP: OPERATING BUDGET                                                                  
+= HB 104 APPROP:  MENTAL HEALTH BUDGET                                                             
+ SB 172 COURT SYSTEM ANNUAL REPORT                                                                 
+ HB 118 SR. CIT./VETERAN PROPERTY TAX EXEMPTION                                                    
+ SB 158 REPORT:STATE PARTICIPATE IN NAT GAS PIPE.                                                  
+ SB   3 APPROP:ENV.ASSESS. NORTHERN DENALI ACCESS                                                  
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 04        Wednesday                       Butrovich 205           1:30 PM                     
+             Discussion of Medicaid Directions                                                     
+ SB 135 MENTAL HEALTH INFORMATION AND RECORDS                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 04        Wednesday                             Beltz 211         1:30 PM                     
+ SB 161 NO PAY FOR JUDGES UNTIL DECISION                                                           
+ SB 166 APPOINTMENT OF US SENATORS                                                                 
+= HB  13 SERVICE AREAS:VOTER APPROVAL/TAX ZONES                                                    
              Uniform Rule 23 Waived                                                                
+= SJR 22 CONST. AM: JUDICIAL OFFICERS' TERMS                                                       
              Uniform Rule 23 Waived                                                                
                                                                                                    
Apr 06        Friday                                Beltz 211         1:30 PM                     
+ HB 150 INSURANCE PREMIUMS FOR RENTAL VEHICLES                                                     
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 03        Tuesday                               Beltz 211         1:30 PM                     
+= SB  66 FINANCIAL INSTITUTIONS                                                                    
+ SB  50 EXTENDING BOARD OF VETERINARY EXAMINERS                                                    
                                                                                                    
Apr 05        Thursday                              Beltz 211         1:30 PM                     
+= SB 138 INSURANCE CODE AMENDMENTS                                                                 
+ SB  30 UNEMPLOYMENT COMPENSATION BENEFITS                                                         
                                                                                                    

2001-04-03                     Senate Journal                      Page 0926
                                  RESOURCES                                                      
                                                                                                    
Apr 04        Wednesday                       Butrovich 205           3:30 PM                     
+ SB  35 ELECTRONIC FISH & GAME LICENSURE                                                           
+ SB 139 STATE WATER USE                                                                            
+ SB 167 AGRICULTURAL LAND                                                                          
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 06        Friday                          Butrovich 205           3:30 PM                     
+             Governor's Confirmations:                                                             
              Bruce C. Twomley, AK CFEC                                                             
              William H. Dennerlein, Board of Game                                                  
              Ben Grussendorf, Board of Game                                                        
              Dr. Julie Maier, Board of Game                                                        
              Julie M. Heusser, AK Oil and Gas                                                      
              Conservation Commission                                                               
+= SB 140 SMALL WATER-POWER DEVELOPMENT PROJECTS                                                    
+ SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE                                                      
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
Apr 04        Wednesday                    Fahrenkamp 203           10:45 AM                      
     SB  37 PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE                                               
     SB  48 MUNICIPALITIES:INCORP/PROPERTY VALUATION                                                
     SB  60 FARM OPERATIONS:DISCLOSURE /NUISANCES                                                   
     SB  76 RIGHT-OF-WAY LEASING ACT: TERM & RENEWAL                                                
     SB  88 METROPOLITAN PLANNING ORGANIZATIONS                                                     
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 03        Tuesday                               Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 05        Thursday                              Beltz 211         3:30 PM                     
     HJR 22 DIVERSE COMMUNITY/CONDEMN HATE CRIMES                                                   
     SB  34 COMMISSIONERS' SALARIES                                                                 
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-03                     Senate Journal                      Page 0927
                                TRANSPORTATION                                                   
                                                                                                    
Apr 03        Tuesday                         Butrovich 205           1:30 PM                     
+             Rights of Way & Transportation Corridors: Richard Odsather                            
= SB  44 ALASKA TOLL BRIDGE AND CAUSEWAY AUTHORITY                                                  
= SB  45 APPROP: DESIGN OF KNIK ARM CROSSING                                                        
                                                                                                    
Apr 05        Thursday                        Butrovich 205           1:30 PM                     
+ HB   8 LEGIS.PIONEER ROAD DEVELOPMENT TASK FORCE                                                  
+ SB 130 ALASKA MARINE HIGHWAY AUTHORITY                                                            
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Apr 03        Tuesday                            Capitol 102          2:45 PM                     
              -- Meeting Canceled --                                                                
+             Review Proposed and Approved Regulations                                              
                                                                                                    
Apr 10        Tuesday                            Capitol 102          2:45 PM                     
+             To Be Announced                                                                       
                                                                                                    
Apr 17        Tuesday                            Capitol 102          2:45 PM                     
+             To Be Announced                                                                       
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 03        Tuesday                    House Finance 519           12:00 PM                     
              -- Rescheduled from 4/2/01 --                                                         
              -- Teleconference <Listen Only> --                                                    
+             Presentation by Gail Phillips:                                                        
              Regional Learning Center Study                                                        
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Apr 03        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Child Abuse Prevention Network                                                        
                                                                                                    
                                                                                                    

2001-04-03                     Senate Journal                      Page 0928
                        CHILDREN'S CAUCUS (continued)                                            
                                                                                                    
Apr 10        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Alaskans for Tobacco-Free Kids                                                        
                                                                                                    
Apr 17        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             ASSETS: Building a framework for development of youth                                 
                                                                                                    
Apr 24        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Alaska Humanities Forum:                                                              
              Intrastate Urban/Rural Student Exchange                                               
                   ----------------------------------------                                        
                                                                                                    
                             FISCAL POLICY CAUCUS                                                
                                                                                                    
Apr 04        Wednesday                    Fahrenkamp 203             8:00 AM                     
                                                                                                    
Apr 06        Friday                          Butrovich 205           8:00 AM                     
                   ----------------------------------------                                        
                                                                                                    
                                 FISH CAUCUS                                                     
                                                                                                    
Apr 06        Friday                          Butrovich 205          12:00 PM                     
              Local Area Management Plans                                                           
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 11        Wednesday                    House Chamber            11:00 AM                      
              US Senator Ted Stevens' Annual Message                                                
                   ----------------------------------------                                        
                                                                                                    
                               MAJORITY CAUCUS                                                   
                                                                                                    
Apr 03        Tuesday                            Capitol 107        11:45 AM