Legislature(2001 - 2002)

2001-04-04 Senate Journal

Full Journal pdf

2001-04-04                     Senate Journal                      Page 0929
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                       April 4, 2001                    
                                                                                                    
                              Eighty-seventh Day                                                 
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:30 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 prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          Atah gibor le-olam Adonai, mechayei hakol ata, rav                                        
          lehoshi-a. Mechalkeil chayim bechesed, mechayei                                           
          hakol berachamim rabim. Eternal is Your might O                                           
          God; all life is Your gift; great is Your power to save!                                  
          With love You sustain the living, and with great                                          
          compassion give life to all.                                                              
                                                                                                    
          Someich nof'lim v'rofei cholim, umatir asurim,                                            
          umekayeim emunato lisheinei afar. You bring                                               
          freedom to the captive and keep faith with those who                                      
          sleep in the dust.                                                                        
                                                                                                    
          Mi chamocha ba-al gevurot? Who is like You, God                                           
          of might?                                                                                 
                                                                                                    
          We pray, O God, blessing upon our nation, that it                                         
          may always be a stronghold of peace, and its                                              
          advocate among the nations. And bless, O God, those                                       
          who serve it, that they may do Your will with an                                          
          open heart, doing justly, loving goodness, and                                            
       pursuing what is righteous.                                Amen.                            
                                                                                                    

2001-04-04                     Senate Journal                      Page 0930
Senator Austerman 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,                                    
Senator Cowdery was excused.                                                                        
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the eighty-sixth legislative day be approved as certified by the                                
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following Budget and Audit Reports were received from Pat                                       
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                  
are on file in the Office of the Secretary of the Senate:                                           
                                                                                                    
Alaska Commission on Postsecondary Education and University of                                      
Alaska, Selected Financial Information Related to the Washington,                                   
Wyoming, Alaska, Montana and Idaho Regional Medical Education                                       
Program, January 26, 2001                                                                           
                                                                                                    
Department of Community and Economic Development, Grants to                                         
Deltana Community Corporation, December 21, 2000                                                    
                                                                                                    
Department of Public Safety, Council on Domestic Violence and                                       
Sexual Assault, Batterer Intervention Programs, February 9, 2001                                    
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 50                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
50 "An Act extending the termination date of the Board of Veterinary                                
Examiners." Signing do pass: Senator Phillips, Chair, Senators                                      
Austerman, Davis, Leman, Torgerson.                                                                 
                                                                                                    

2001-04-04                     Senate Journal                      Page 0931
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 66                                                                                             
The Labor and Commerce Committee considered SENATE BILL NO.                                         
66 "An Act relating to the authorizations for state financial                                       
institutions; relating to confidential financial records of depositors and                          
customers of certain financial institutions; relating to the Alaska                                 
Banking Code, Mutual Savings Bank Act, Alaska Small Loans Act,                                      
and Alaska Credit Union Act; and providing for an effective date" and                               
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 66(L&C) "An Act                                                    
          relating to the authorizations for certain state                                          
          financial institutions of certain powers and                                              
          limitations; relating to confidential records of                                          
          depositors and customers of certain financial                                             
          institutions; relating to the Alaska Banking Code,                                        
          Mutual Savings Bank Act, Alaska Small Loans Act,                                          
          and Alaska Credit Union Act; amending Rule 45,                                            
          Alaska Rules of Civil Procedure, Rules 17 and 37,                                         
          Alaska Rules of Criminal Procedure, and Rule 24,                                          
          Alaska Bar Rules; and providing for an effective                                          
          date."                                                                                    
                                                                                                    
Signing do pass: Senator Phillips, Chair, Senators Leman, Torgerson.                                
Signing do not pass: Senator Austerman. Signing no recommendation:                                  
Senator Davis.                                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0932
SB 37                                                                                             
The Rules Committee considered SENATE BILL NO. 37 "An Act                                           
relating to collective negotiation by physicians with health benefit                                
plans; and to health benefit plan contracts with individual competing                               
physicians." Signing to calendar: Senator Pearce, Chair, Senators                                   
Phillips, Therriault. Signing under other recommendations: Senator                                  
Ellis.                                                                                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 48                                                                                             
The Rules Committee considered SENATE BILL NO. 48 "An Act                                           
relating to the determination of full and true value of taxable                                     
municipal property for purposes of calculating funding for education                                
and certain other programs; and relating to incorporation of second                                 
class boroughs in the unorganized borough and to annexation of                                      
portions of the unorganized borough to boroughs and unified                                         
municipalities." Signing to calendar: Senator Pearce, Chair, Senators                               
Phillips, Therriault. Signing under other recommendations: Senator                                  
Ellis.                                                                                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 60                                                                                             
The Rules Committee considered SENATE BILL NO. 60 "An Act                                           
relating to agricultural facilities and operations as private nuisances;                            
and to disclosures in transfers of real property located within one mile                            
of an agricultural facility or an agricultural operation." Signing to                               
calendar: Senator Pearce, Chair, Senators Therriault, Phillips. Signing                             
under other recommendations: Senator Ellis.                                                         
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 76                                                                                             
The Rules 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 to calendar:                             
Senator Pearce, Chair, Senators Therriault, Ellis, Phillips.                                        
                                                                                                    
The bill is on today's calendar.                                                                    

2001-04-04                     Senate Journal                      Page 0933
SB 88                                                                                             
The Rules Committee considered SENATE BILL NO. 88 "An Act                                           
relating to metropolitan planning organizations and to establishment of                             
a metropolitan planning organization for the Anchorage metropolitan                                 
area; and providing for an effective date." Signing to calendar: Senator                            
Pearce, Chair, Senators Phillips, Therriault. Signing under other                                   
recommendations: Senator Ellis.                                                                     
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 175                                                                                            
SENATE BILL NO. 175 BY SENATOR ELTON, entitled:                                                     
                                                                                                    
          "An Act providing municipalities with the authority                                       
          to protest or to recommend conditions on the                                              
          issuance and renewal of charitable gaming permits                                         
          and requiring the Department of Revenue to deny or                                        
          condition the license or permit unless the protest or                                     
          conditions are arbitrary, capricious, or unreasonable,                                    
          or the conditions conflict with state law."                                               
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Labor and Commerce Committees.                                                          
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 37                                                                                             
SENATE BILL NO. 37 "An Act relating to collective negotiation by                                    
physicians with health benefit plans; and to health benefit plan                                    
contracts with individual competing physicians" was read the second                                 
time.                                                                                               
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0934
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 853.                                   
Senator Ellis objected, then withdrew his objection. There being no                                 
further objections, CS FOR SENATE BILL NO. 37(FIN) "An Act                                          
relating to collective negotiation by competing physicians with health                              
benefit plans, to health benefit plan contracts, to the application of                              
antitrust laws to agreements involving providers and groups of                                      
providers affected by collective negotiations, and to the effect of the                             
collective negotiation provisions on health care providers" 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. 37(FIN) was read the third time.                                             
                                                                                                    
Senators Green, Olson moved and asked unanimous consent to be                                       
allowed to abstain from voting because of a conflict of interest.                                   
Objections were heard, and Senators Green, Olson were required to                                   
vote.                                                                                               
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 37(FIN) "An                                       
Act relating to collective negotiation by competing physicians with                                 
health benefit plans, to health benefit plan contracts, to the application                          
of antitrust laws to agreements involving providers and groups of                                   
providers affected by collective negotiations, and to the effect of the                             
collective negotiation provisions on health care providers" pass the                                
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 37(FIN)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Green, Halford, Kelly, Leman, Olson, Pearce,                                      
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Nays:  Davis, Donley, Ellis, Elton, Hoffman, Lincoln                                                
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0935
and so, CS FOR SENATE BILL NO. 37(FIN) passed the Senate.                                           
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 48                                                                                             
SENATE BILL NO. 48 "An Act relating to the determination of full                                    
and true value of taxable municipal property for purposes of                                        
calculating funding for education and certain other programs; and                                   
relating to incorporation of second class boroughs in the unorganized                               
borough and to annexation of portions of the unorganized borough to                                 
boroughs and unified municipalities" was read the second time.                                      
                                                                                                    
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 854.                                   
Without objection, CS FOR SENATE BILL NO. 48(FIN) "An Act                                           
relating to the determination of full and true value of taxable                                     
municipal property for purposes of calculating funding for education                                
and certain other programs, to incorporation of third class boroughs, to                            
incorporation of certain boroughs in the unorganized borough and                                    
annexation of portions of the unorganized borough to boroughs and                                   
unified municipalities, and to the formation of separate unorganized                                
boroughs; and providing for an effective date" was adopted and read                                 
the second time.                                                                                    
                                                                                                    
Senators Olson, Hoffman, Lincoln, Davis, Elton offered Amendment                                    
No. 1 :                                                                                              
                                                                                                    
Page 4, line 17, after "community":                                                                 
 Delete "with at least 400 residents"                                                               
                                                                                                    
Senator Olson moved for the adoption of Amendment No. 1.                                            
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0936
                                                                                                    
CSSB 48(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  7   NAYS:  11   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Pearce                                         
                                                                                                    
Nays:  Donley, Green, Halford, Kelly, Leman, Phillips, Taylor,                                      
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
Absent:  Austerman                                                                                  
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
Senators Olson, Hoffman, Lincoln, Elton, Davis, Ellis offered                                       
Amendment No. 2 :                                                                                    
                                                                                                    
Page 3, line 26, after "Development":                                                               
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      
                                                                                                    
Page 3, line 29, after "department":                                                                
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      
                                                                                                    
Page 4, line 3, after "commission":                                                                 
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      
                                                                                                    
Page 4, line 5, after "department"                                                                  
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      
                                                                                                    
Page 5, line 31, after "Development":                                                               
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      
                                                                                                    
Page 6,  line 4, after "Commission"                                                                 
 Delete "shall"                                                                                     
 Insert  "may"                                                                                      

2001-04-04                     Senate Journal                      Page 0937
Senator Olson moved for the adoption of Amendment No. 2. Senator                                    
Wilken objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 48(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  6   NAYS:  12   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Donley, Green, Halford, Kelly, Leman, Pearce, Phillips,                                      
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
Absent:  Austerman                                                                                  
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
Senators Hoffman, Lincoln, Olson, Davis, Ellis, Elton offered                                       
Amendment No. 3 :                                                                                    
                                                                                                    
Page 4, line 26, after "more than":                                                                 
 Delete "two"                                                                                       
 Insert  "one"                                                                                      
                                                                                                    
Senator Hoffman moved for the adoption of Amendment No. 3.                                          
Senator Wilken objected.                                                                            
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0938
                                                                                                    
CSSB 48(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  6   NAYS:  12   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Donley, Green, Halford, Kelly, Leman, Pearce, Phillips,                                      
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
Absent:  Austerman                                                                                  
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
Senators Hoffman, Lincoln, Olson, Davis, Ellis, Elton offered                                       
Amendment No. 4 :                                                                                    
                                                                                                    
Page 4, line 17, after "community with at least"                                                    
 Delete "400"                                                                                       
 Insert  "200"                                                                                      
                                                                                                    
Senator Ellis called the Senate. The call was satisfied.                                            
                                                                                                    
Senator Hoffman moved for the adoption of Amendment No. 4.                                          
Senator Wilken objected, then withdrew his objection. There being no                                
further objections, Amendment No. 4 was adopted.                                                    
                                                                                                    
Senators Lincoln, Ellis, Olson, Davis, Elton, Hoffman offered                                       
Amendment No. 5 :                                                                                    
                                                                                                    
Page 4, line 20:                                                                                    
 Delete "incorporation or"                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0939
Page 5, lines 6-16,                                                                                 
 Delete all material.                                                                               
 Insert :                                                                                           
 "(e) When a petition for incorporation of an area is approved by                                   
the Local Boundary Commission under (c) of this section, the                                        
commission shall immediately notify the director of elections. Within                               
30 days after the notification, the director of elections shall order an                            
election in the area to determine whether voters desire incorporation                               
and, if so, to elect the initial borough officials. The election shall be                           
held under AS 29.05.120 not less than 30 nor more than 90 days after                                
the date of the election order. The election order must specify the dates                           
during which nomination petitions for election of initial officials may                             
be filed. If a majority of the voters voting on the question approve                                
incorporation, the area is incorporated on the first Monday following                               
certification of the election. AS 29.05.130 - 29.05.150, 29.05.190 -                                
29.05.210, and AS 29.65.030 apply to a borough incorporated under                                   
this section."                                                                                      
                                                                                                    
Senator Lincoln moved for the adoption of Amendment No. 5. Senator                                  
Wilken objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 5 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 48(FIN) am                                                                                     
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Austerman, Donley, Green, Halford, Kelly, Leman, Pearce,                                     
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, Amendment No. 5 failed.                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0940
Senators Lincoln, Ellis, Olson, Elton, Hoffman, Davis offered                                       
Amendment No. 6 :                                                                                    
                                                                                                    
Page 5, line 15, after "commission":                                                                
 Delete "without ratification by the voters"                                                        
                                                                                                    
Senator Lincoln moved for the adoption of Amendment No. 6. Senator                                  
Wilken objected.                                                                                    
                                                                                                    
Senator Kelly rose to a point of order. President Halford ruled the                                 
point well taken.                                                                                   
                                                                                                    
The question being: "Shall Amendment No. 6 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 48(FIN) am                                                                                     
Second Reading                                                                                      
Amendment No. 6                                                                                     
                                                                                                    
YEAS:  7   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Therriault                                     
                                                                                                    
Nays:  Austerman, Donley, Green, Halford, Kelly, Leman, Pearce,                                     
Phillips, Taylor, Torgerson, Ward, Wilken                                                           
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, Amendment No. 6 failed.                                                                     
                                                                                                    
Senators Lincoln, Ellis, Olson, Elton, Hoffman, Davis offered                                       
Amendment No. 7 :                                                                                    
                                                                                                    
Page 3, line 27, after "borough":                                                                   
 Delete "reasonably appear to"                                                                      
                                                                                                    
Page 3, line 30, after "that":                                                                      
 Delete "reasonably appear to"                                                                      
                                                                                                    
Senator Lincoln moved for the adoption of Amendment No. 7. Senator                                  
Torgerson objected.                                                                                 
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0941
The question being: "Shall Amendment No. 7 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 48(FIN) am                                                                                     
Second Reading                                                                                      
Amendment No. 7                                                                                     
                                                                                                    
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Austerman, Donley, Green, Halford, Kelly, Leman, Pearce,                                     
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, Amendment No. 7 failed.                                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 48(FIN) am                                                                                     
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Donley, Green, Halford, Kelly, Leman, Pearce,                                     
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
CS FOR SENATE BILL NO. 48(FIN) am will be on the April 5                                            
calendar.                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0942
SB 60                                                                                             
SENATE BILL NO. 60 "An Act relating to agricultural facilities and                                  
operations as private nuisances; and to disclosures in transfers of real                            
property located within one mile of an agricultural facility or an                                  
agricultural operation" was read the second time.                                                   
                                                                                                    
Senator Taylor, Chair, moved and asked unanimous consent for the                                    
adoption of the Judiciary Committee Substitute offered on page 902.                                 
Without objection, CS FOR SENATE BILL NO. 60(JUD) "An Act                                           
relating to agricultural facilities and operations as private nuisances;                            
and to disclosures in transfers of certain real property located within                             
one mile of an agricultural facility or an agricultural operation" 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. 60(JUD) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 60(JUD) "An                                       
Act relating to agricultural facilities and operations as private                                   
nuisances; and to disclosures in transfers of certain real property                                 
located within one mile of an agricultural facility or an agricultural                              
operation" pass the Senate?" The roll was taken with the following                                  
result:                                                                                             
                                                                                                    
CSSB 60(JUD)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Donley, Green, Halford, Hoffman, Kelly,                                    
Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault,                                        
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Ellis, Elton                                                                                 
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, CS FOR SENATE BILL NO. 60(JUD) passed the Senate.                                           
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       

2001-04-04                     Senate Journal                      Page 0943
SB 76                                                                                             
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 76 "An Act                                                   
relating to the Alaska Right-of-Way Leasing Act; 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. 76 was read the                                              
third time.                                                                                         
                                                                                                    
The question being: "Shall SPONSOR SUBSTITUTE FOR SENATE                                            
BILL NO. 76 "An Act relating to the Alaska Right-of-Way Leasing                                     
Act; and providing for an effective date" pass the Senate?" The roll                                
was taken with the following result:                                                                
                                                                                                    
SSSB 76                                                                                             
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
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                                                                                   
                                                                                                    
and so, SPONSOR SUBSTITUTE FOR SENATE BILL NO. 76                                                   
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 88                                                                                             
SENATE BILL NO. 88 "An Act relating to metropolitan planning                                        
organizations and to establishment of a metropolitan planning                                       
organization for the Anchorage metropolitan area; and providing for                                 
an effective date" was read the second time.                                                        

2001-04-04                     Senate Journal                      Page 0944
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE BILL NO. 88 was read the third time.                                                         
                                                                                                    
The question being: "Shall SENATE BILL NO. 88 "An Act relating to                                   
metropolitan planning organizations and to establishment of a                                       
metropolitan planning organization for the Anchorage metropolitan                                   
area; and providing for an effective date" pass the Senate?" The roll                               
was taken with the following result:                                                                
                                                                                                    
SB 88                                                                                               
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Donley, Green, Halford, Kelly, Leman,                                      
Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                
                                                                                                    
Nays:  Ellis, Elton, Hoffman, Lincoln                                                               
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, SENATE BILL NO. 88 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.                                                       
                                                                                                    
Senator Olson gave notice of reconsideration.                                                       
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Chugiak High School Mustangs, Mock Trial Law                                             
Championships                                                                                       
Senator(s) Phillips, Halford, Ward, Wilken, Hoffman, Pearce, Donley,                                
Leman, Green, Elton, Kelly, Davis, Taylor, Lincoln, Austerman                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0945
Honoring - Chris Tarpey, Special Olympics Gold Medal Winner                                         
Representative(s) Lancaster                                                                         
Senator(s) Torgerson, Ward, Wilken, Hoffman, Pearce, Leman, Green,                                  
Elton, Kelly, Davis, Taylor, Lincoln, Austerman                                                     
                                                                                                    
Honoring - Jolene Clark, Alaskan Special Olympian                                                   
Representative(s) Scalzi                                                                            
Senator(s) Torgerson, Ward, Wilken, Hoffman, Pearce, Leman, Green,                                  
Elton, Kelly, Davis, Taylor, Lincoln, Austerman                                                     
                                                                                                    
Honoring - Shaunti Irene Johnson, Alaskan Special Olympian                                          
Representative(s) Scalzi                                                                            
Senator(s) Torgerson, Ward, Wilken, Hoffman, Pearce, Leman, Green,                                  
Elton, Kelly, Davis, Taylor, Lincoln, Austerman                                                     
                                                                                                    
Honoring - Ivan Meganack, Alaskan Special Olympian                                                  
Representative(s) Scalzi                                                                            
Senator(s) Torgerson, Ward, Wilken, Hoffman, Pearce, Leman, Green,                                  
Elton, Kelly, Davis, Taylor, Lincoln, Austerman                                                     
                                                                                                    
In Memoriam - Elizabeth McSparran Congdon                                                           
Representative(s) Dyson                                                                             
Senator(s) Leman, Halford, Ward, Wilken, Hoffman, Pearce, Donley,                                   
Green, Elton, Kelly, Davis, Taylor, Lincoln, Austerman                                              
                                                                                                    
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                                                 
                                                                                                    
HB 156                                                                                            
Senator Ellis moved and asked unanimous consent to be shown as a                                    
cross sponsor on HOUSE BILL NO. 156 "An Act relating to                                             
municipal debt for development and redevelopment projects." Without                                 
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0946
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 76                                                                                             
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 76 "An Act                                                   
relating to the Alaska Right-of-Way Leasing Act; and providing for an                               
effective date" was engrossed, signed by the President and Secretary                                
and transmitted 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 5, 2001. Without                                       
objection, the Senate adjourned at 1:39 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2001                       

2001-04-04                     Senate Journal                      Page 0947
                                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             2:00 PM                     
              -- Meeting Postponed to 2:00 pm--                                                     
+ HB  16 HOME RULE COMMUNITIES                                                                      
                                                                                                    
Apr 06        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 04        Wednesday                 Senate Finance 532            3:00 PM                     
              -- Meeting Postponed to 3:00 pm --                                                    
= 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                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0948
                             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                     
              -- Meeting Postponed to 4/9/01 --                                                     
+             Discussion of Medicaid Directions                                                     
+ SB 135 MENTAL HEALTH INFORMATION AND RECORDS                                                      
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 09        Monday                          Butrovich 205           1:30 PM                     
              -- Rescheduled from 4/4/01 --                                                         
+             Discussion of Medicaid Directions                                                     
+ SB 135 MENTAL HEALTH INFORMATION AND RECORDS                                                      
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 04        Wednesday                             Beltz 211         1:30 PM                     
              -- Meeting Postponed to 4/5/01--                                                      
+ 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                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-04                     Senate Journal                      Page 0949
                            JUDICIARY (continued)                                                
                                                                                                    
Apr 05        Thursday                        Butrovich 205           1:30 PM                     
              -- Rescheduled from 4/4/01 --                                                         
+ 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 05        Thursday                              Beltz 211         1:30 PM                     
+= SB 138 INSURANCE CODE AMENDMENTS                                                                 
+ SB  30 UNEMPLOYMENT COMPENSATION BENEFITS                                                         
                   ----------------------------------------                                        
                                                                                                    
                                  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                                                      
                   ----------------------------------------                                        
                                                                                                    

2001-04-04                     Senate Journal                      Page 0950
                                    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 05        Thursday                              Beltz 211         3:30 PM                     
     HJR 22 DIVERSE COMMUNITY/CONDEMN HATE CRIMES                                                   
     SB  34 COMMISSIONERS' SALARIES                                                                 
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 05        Thursday                        Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
     HB   8 LEGIS.PIONEER ROAD DEVELOPMENT TASK FORCE                                               
     SB 130 ALASKA MARINE HIGHWAY AUTHORITY                                                         
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Apr 10        Tuesday                            Capitol 102          2:45 PM                     
              -- Meeting Canceled --                                                                
                                                                                                    
Apr 17        Tuesday                            Capitol 102          2:45 PM                     
              -- Meeting Canceled --                                                                
                                                                                                    
Apr 24        Tuesday                            Capitol 102          2:45 PM                     
+             Proposed/Approved Regulations                                                         
+             Mariculture Regulations                                                               
+             Department on Pioneer Homes                                                           
                   ----------------------------------------                                        
                                                                                                    

2001-04-04                     Senate Journal                      Page 0951
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
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