Legislature(2001 - 2002)
2001-04-09 Senate Journal
Full Journal pdf2001-04-09 Senate Journal Page 1009 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday April 9, 2001 Ninety-second Day Pursuant to adjournment the Senate was called to order by President Halford at 11:20 a.m. The roll showed nineteen members present. Senator Kelly was absent. The prayer was offered by the Chaplain, Pastor Mike Rose of the Bethel Assembly of God. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father thank You for this beautiful day created to bring glory and praise to You. Thank You that Your mercies are new every morning. Thank You for our free nation, our great state, and the abundance that You have blessed us with. Lord, we thank You for the leaders assembled here today, and pray for Your protection and blessing over each one, and their families. Lord, I pray the prayer of Jabez over the Senate today. That You would bless them indeed, and expand their borders and that Your hand would be upon them, and You would keep them from any evil. Lord, we are comforted with the knowledge that You know the end from the beginning, and while we can count the seeds in an apple, You know the apples in a seed. Lord, we ask for Your wisdom and grace in the decisions that are being made regarding the budget, and every item of business that comes before this body. 2001-04-09 Senate Journal Page 1010 Thank You for Your faithfulness to hear and answer these prayers. In Jesus' name I pray, Amen. Senator Wilken led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journals for the eighty-ninth through ninety-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SB 16 Message dated and received April 6 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 16(RLS) "An Act regarding oil discharge prevention and cleanup involving self-propelled nontank vessels exceeding 400 gross registered tonnage and railroad tank cars and related facilities and operations and requiring preparation and implementation of oil discharge contingency plans for those nontank vessels and railroad tank cars; amending the definition of 'response action' that relates to releases or threatened releases of oil and thereby amending the duties and liabilities of response action contractors; authorizing compliance verification for nontank vessels and for trains and related facilities and operations; and providing for an effective date." Chapter 8, SLA 2001 Effective Date: 04/07/01 2001-04-09 Senate Journal Page 1011 Messages from the House SB 58 Message dated April 6 was read, stating the House passed and returned: SENATE BILL NO. 58 "An Act relating to the membership and quorum requirements of the State Medical Board." The bill was referred to the Secretary for enrollment. Message dated April 6 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 32 CS FOR HOUSE BILL NO. 32(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the forfeiture of property used to possess or distribute child pornography, to commit indecent viewing or photography, to commit a sex offense, or to solicit the commission of, attempt to commit, or conspire to commit possession or distribution of child pornography, indecent viewing or photography, or a sexual offense." was read the first time and referred to the Judiciary and Finance Committees. The presence of Senator Kelly was noted. 2001-04-09 Senate Journal Page 1012 HB 172 CS FOR HOUSE BILL NO. 172(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges." was read the first time and referred to the Judiciary and Finance Committees. Standing Committee Reports SB 172 Forthcoming Finance Committee Substitute (page 975) for SENATE BILL NO. 172 "An Act relating to an annual report by the court system to the public and the legislature" was received today. SB 99 The Rules Committee considered SENATE BILL NO. 99 "An Act relating to the DNA identification registration system." Signing to calendar: Senator Pearce, Chair, Senators Therriault, Cowdery. Signing under other recommendations: Senators Ellis, Phillips. The bill is on today's calendar. SB 154 The Rules Committee considered SENATE BILL NO. 154 "An Act relating to mental health treatment facilities; repealing the termination date of the mental health treatment assistance program; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Ellis. Signing no recommendation: Senator Phillips. The bill is on today's calendar. 2001-04-09 Senate Journal Page 1013 SB 158 The Rules Committee considered SENATE BILL NO. 158 "An Act directing the commissioner of revenue to prepare a report to the legislature relating to the state's participation in owning or financing a gas pipeline project; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Ellis, Cowdery, Phillips. The bill is on today's calendar. Introduction and Reference of Senate Resolutions SJR 23 SENATE JOINT RESOLUTION NO. 23 BY SENATORS DONLEY, Halford, Ward, Taylor, Cowdery, Phillips, Proposing amendments to the Constitution of the State of Alaska relating to an appropriation limit and a spending limit. was read the first time and referred to the Finance Committee. SJR 24 SENATE JOINT RESOLUTION NO. 24 BY THE SENATE FINANCE COMMITTEE, Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. was read the first time and referred to the Finance Committee. Introduction and Reference of Senate Bills SB 180 SENATE BILL NO. 180 BY THE SENATE FINANCE COMMITTEE, entitled: 2001-04-09 Senate Journal Page 1014 "An Act implementing pay differentials based on geographic areas for certain state employees and for members of the Alaska State Defense Force; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 181 SENATE BILL NO. 181 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act making the interest rate for the Alaska Housing Finance Corporation's small community housing mortgage loans the same as the interest rate on mortgage loans purchased under the corporation's special mortgage loan purchase program from the proceeds of the most recent applicable issue of taxable bonds before the origination or purchase of the small community housing mortgage loans." was read the first time and referred to the Finance Committee. SB 182 SENATE BILL NO. 182 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act requiring reductions in payments to individuals under certain benefit programs if appropriations are not sufficient to fully fund the statutorily established levels of payments." was read the first time and referred to the Finance Committee. SB 183 SENATE BILL NO. 183 BY THE SENATE FINANCE COMMITTEE, entitled: 2001-04-09 Senate Journal Page 1015 "An Act relating to public interest litigants and to attorney fees; and amending Rule 82, Alaska Rules of Civil Procedure." was read the first time and referred to the Finance Committee. SB 184 SENATE BILL NO. 184 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act relating to user contributions toward the cost of construction of certain water and sewage facilities." was read the first time and referred to the Finance Committee. SB 185 SENATE BILL NO. 185 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act relating to the basis for determining eligibility for and the amount of power cost equalization payments; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 186 SENATE BILL NO. 186 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act establishing a limit on the general obligation debt that may be authorized and issued by home rule and general law municipalities; and providing for an effective date." was read the first time and referred to the Finance Committee. 2001-04-09 Senate Journal Page 1016 Consideration of the Calendar Second Reading of Senate Bills SB 99 SENATE BILL NO. 99 "An Act relating to the DNA identification registration system" 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. SENATE BILL NO. 99 was read the third time. Senators Taylor, Donley, Leman, Cowdery moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE BILL NO. 99 "An Act relating to the DNA identification registration system" pass the Senate?" The roll was taken with the following result: SB 99 Third Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Elton, Green, Halford, Kelly, Leman, Lincoln, Olson, Taylor, Torgerson, Ward, Wilken Nays: Davis, Ellis, Hoffman, Pearce, Phillips, Therriault and so, SENATE BILL NO. 99 passed the Senate. Senator Davis gave notice of reconsideration. SB 154 SENATE BILL NO. 154 "An Act relating to mental health treatment facilities; repealing the termination date of the mental health treatment assistance program; and providing for an effective date" was read the second time. 2001-04-09 Senate Journal Page 1017 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. 154 was read the third time. The question being: "Shall SENATE BILL NO. 154 "An Act relating to mental health treatment facilities; repealing the termination date of the mental health treatment assistance program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 154 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, SENATE BILL NO. 154 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 158 SENATE BILL NO. 158 "An Act directing the commissioner of revenue to prepare a report to the legislature relating to the state's participation in owning or financing a gas pipeline project; and providing for an effective date" was read the second time. Senator Torgerson, Chair, moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 855. Without objection, CS FOR SENATE BILL NO. 158(RES) was adopted and read the second time. 2001-04-09 Senate Journal Page 1018 Senator Ward offered Amendment No. 1 : Page 2, line 27: Delete "and" Page 2, line 31, following "project": Insert "; and (6) consistent with the constitutional authority that requires provision for "the utilization, development, and conservation of all natural resources belonging to the state . . . for the maximum benefit of its people," state participation under (1), (2), or (5) of this subsection would ensure or materially contribute to natural gas development and distribution within the state by installation of additional pipeline facilities connecting to Cook Inlet, thereby supplying the energy base required for the state's long-term economic development" Senator Ward moved for the adoption of Amendment No. 1. Senator Torgerson objected. Senator Leman moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 1: Delete "Cook Inlet" Insert "population centers in the state" Senator Lincoln objected, then withdrew her objection. There being no further objection, Amendment No. 1 was amended. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSSB 158(RES) Second Reading Amendment No. 1 as amended YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Taylor, Therriault, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Phillips, Torgerson and so, Amendment No. 1 as amended was adopted. 2001-04-09 Senate Journal Page 1019 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. 158(RES) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 158(RES) am "An Act directing the commissioner of revenue to prepare a report to the legislature relating to the state's participation in owning or financing a gas pipeline project; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 158(RES) am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, CS FOR SENATE BILL NO. 158(RES) am 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. Senate Bills in Third Reading SB 48 CS FOR SENATE BILL NO. 48(FIN) am, which had been held in third reading (page 957), was before the Senate. Senator Wilken moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 8. Without objection, the bill was returned to second reading. Senators Wilken, Therriault offered Amendment No. 8 : 2001-04-09 Senate Journal Page 1020 Page 4, line 18, following "area.": Insert "Hearings may be held by teleconference, except that at least two members of the commission must be physically present during each hearing conducted in a community or a city that has at least 200 residents." Page 5, line 15: Delete "without ratification by the voters" Senator Wilken moved for the adoption of Amendment No. 8. Senator Lincoln objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSSB 48(FIN) am Second Reading Amendment No. 8 YEAS: 13 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Absent: Leman Davis changed from "Yea" to "Nay". and so, Amendment No. 8 was adopted. CS FOR SENATE BILL NO. 48(FIN) am was automatically in third reading. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 9. Without objection, the bill was returned to second reading. 2001-04-09 Senate Journal Page 1021 Senators Lincoln, Hoffman, Olson offered Amendment No. 9 : In the text of Amendment No. 8, after "Hearings": Delete "may" Insert "shall" Senator Lincoln moved for the adoption of Amendment No. 9. Senator Wilken objected. Senator Lincoln moved and asked unanimous consent to withdraw Amendment No. 9. Without objection, it was so ordered. CS FOR SENATE BILL NO. 48(FIN) am was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 48(FIN) am "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" pass the Senate?" The roll was taken with the following result: CSSB 48(FIN) am Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Donley, Green, Kelly, Leman, Pearce, Phillips, Therriault, Torgerson, Ward, Wilken Nays: Austerman, Davis, Ellis, Elton, Halford, Hoffman, Lincoln, Olson, Taylor and so, CS FOR SENATE BILL NO. 48(FIN) am passed the Senate. Senator Leman moved for the adoption of the effective date clause. 2001-04-09 Senate Journal Page 1022 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 48(FIN) am Effective Date Clause YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, the effective date clause was adopted. Senator Hoffman gave notice of reconsideration. Recess Senator Leman moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 1:22 p.m. After Recess The Senate reconvened at 2:44 p.m.. Third Reading of House Bills HB 104 SENATE CS FOR CS FOR HOUSE BILL NO. 104(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" was read the third time. Senator Elton moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Objections were heard, then withdrawn. There being no further objection, the bill was returned to second reading. 2001-04-09 Senate Journal Page 1023 Senators Elton, Davis, Ellis, Hoffman, Olson, Lincoln offered Amendment No. 1 : Page 9, lines 4 - 10, following "purpose:" Delete: "No money appropriated in this appropriation may be expended as payment for an abortion unless the physician services invoice is accompanied by certification that the (1) life of the mother would be endangered if the pregnancy were carried to term, or (2) pregnancy is the result of an act of rape or incest. This statement is a statement of the purpose of the appropriations made in this section and is neither a condition attached to those appropriations nor a statement of legislative intent." Page 11, line 24 Delete: "CBR Mental Health" Insert "General Fund" Page 11, lines 30 - 31 Delete: "No money appropriated in this appropriation may be expended as payment for an abortion unless the physician services invoice is accompanied by certification that the (1) life of the mother would be endangered if the pregnancy were carried to term, or (2) pregnancy is the result of an act of rape or incest. This statement is a statement of the purpose of the appropriations made in this section and is neither a condition attached to those appropriations nor a statement of legislative intent." Page 12, lines 1 - 5 Delete: "No money appropriated in this appropriation may be expended as payment for an abortion unless the physician services invoice is accompanied by certification that the (1) life of the mother would be endangered if the pregnancy were carried to term, or (2) pregnancy is the result of an act of rape or incest. This statement is a statement of the purpose of the appropriations made in this section and is neither a condition attached to those appropriations nor a statement of legislative intent." Page 13, lines 3 - 6 Delete all material. Page 13, lines 7 - 10 Delete all material. 2001-04-09 Senate Journal Page 1024 Senator Elton moved for the adoption of Amendment No. 1. Senator Kelly objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 104(FIN) Second Reading Amendment No. 1 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Nays: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Austerman changed from "Yea" to "Nay". and so, Amendment No. 1 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 104(FIN) was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 104(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 104(FIN) Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Phillips, Taylor, Therriault, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Pearce, Torgerson Olson changed from "Yea" to "Nay". 2001-04-09 Senate Journal Page 1025 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 104(FIN) passed the Senate. Senator Leman moved for the adoption of the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 104(FIN) Effective Date Clause YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, the effective date clause was adopted. Senator Leman moved for the adoption of the constitutional budget reserve fund sections. The question being: "Shall the constitutional budget reserve fund sections (Article IX, Section 17(c) Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: SCS CSHB 104(FIN) Constitutional Budget Reserve Fund Sections YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson and so, the constitutional budget reserve fund sections failed to be adopted, and SENATE CS FOR CS FOR HOUSE BILL NO. 104(FIN)(brf sup maj fld S) was referred to the Secretary for engrossment. 2001-04-09 Senate Journal Page 1026 House Bills in Third Reading HB 103 SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" which had been held in third reading (page 995) was before the Senate. Senator Hoffman moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 17. Without objection, the bill was returned to second reading. Senators Hoffman, Davis, Ellis, Elton, Lincoln, Olson offered Amendment No. 17 : Insert a new BRU: "Maniilaq 3,045.3" "Norton Sound 2,357.2" "SE AK Regional Health Consortium 565.7" "Kawerak 372.7" "Tanana Chiefs Conference 1,255.1" "Tlingit-Haida 198.5" "Yukon-Kuskokwim Health 2,742.2" Delete: "Family Preservation 1,465.4" "Community Health Grants 3,538.3" "Alcohol/Drug Abuse Grants 3,213.2" "General Community Mental Health 2,272.0" "Community Development & Disabilities Grants 47.8" Senator Hoffman moved for the adoption of Amendment No. 17. Senator Green objected. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: 2001-04-09 Senate Journal Page 1027 SCS CSHB 103(FIN) Second Reading Amendment No. 17 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Nays: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, Amendment No. 17 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN) was automatically in third reading. Senator Elton moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 18. Without objection, the bill was returned to second reading. Senators Elton, Davis, Ellis, Hoffman, Olson, Lincoln offered Amendment No. 18 : Page 40, line 2 Delete "constitutional budget reserve fund" Insert "general fund" Page 40, lines 5 - 11, following "purpose": Delete "No money appropriated in this appropriation may be expended as payment for an abortion unless the physician services invoice is accompanied by certification that the (1) life of the mother would be endangered if the pregnancy were carried to term, or (2) pregnancy is the result of an act of rape or incest. This statement is a statement of the purpose of the appropriations made in this section and is neither a condition attached to those appropriations nor a statement of legislative intent." Page 46, line 11 Delete "constitutional budget reserve fund" Insert "general fund" 2001-04-09 Senate Journal Page 1028 Page 57, lines 1 - 4 Delete all material. Page 57, lines 5 - 8 Delete all material. Senator Elton moved for the adoption of Amendment No. 18. Senator Green objected. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: SCS CSHB 103(FIN) Second Reading Amendment No. 18 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Nays: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, Amendment No. 18 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN) was automatically in third reading. Senator Hoffman moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Without objection, the bill was returned to second reading. Senators Hoffman, Lincoln, Olson, Davis, Ellis, Elton offered Amendment No. 6 : Add a new section to read: "* Sec. __. DEPARTMENT OF HEALTH AND SOCIAL SERVICES. Contingent upon passage by the First Regular Session of the Twenty-Second Alaska State Legislature and the enactment into law of an increase in the receipts collected under AS 43.60.010, the 2001-04-09 Senate Journal Page 1029 following amount is appropriated from the general fund to the Department of Health and Social Services for the fiscal year ending in June 30, 2002 for the purposes described: Insert: "Alcohol and Drug Abuse Grants 700.0" Senator Hoffman moved for the adoption of Amendment No. 6. Senator Green objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 103(FIN) Second Reading Amendment No. 6 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Nays: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, Amendment No. 6 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN) was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-04-09 Senate Journal Page 1030 SCS CSHB 103(FIN) Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Taylor, Therriault, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Pearce, Phillips, Torgerson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN) passed the Senate. Senator Leman moved for the adoption of the effective date clauses. The question being; "Shall the effective date clauses be adopted?" The roll was taken with the following result: SCS CSHB 103(FIN) Effective Date Clauses YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken and so, the effective date clauses were adopted. Senator Leman moved for the adoption of the constitutional budget reserve fund sections. The question being: "Shall the constitutional budget reserve fund sections (Article IX, Section 17(c) Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: 2001-04-09 Senate Journal Page 1031 SCS CSHB 103(FIN) Constitutional Budget Reserve Fund Sections YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Phillips and so, the constitutional budget reserve fund sections failed to be adopted, and SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld S) was referred to the Secretary for engrossment. Citations Honoring - Charlton Heston, President of the National Rifle Association Senator(s) Donley, Ward, Wilken, Leman, Austerman, Taylor, Kelly, Green, Pearce, Phillips, Halford, Olson Honoring - University of Alaska Fairbanks Rifle Team Senator(s) Wilken, Ward, Lincoln, Leman, Austerman, Taylor, Kelly, Green, Pearce, Davis, Elton, Phillips, Halford, Olson, Donley Honoring - Melissa Mulloy Senator(s) Wilken, Lincoln, Leman, Austerman, Taylor, Kelly, Green, Pearce, Davis, Elton, Halford, Olson Honoring - Dillingham Wolverines, Girls High School Volleyball Team Representative(s) Kapsner Senator(s) Hoffman, Ward, Lincoln, Wilken, Leman, Austerman, Taylor, Kelly, Green, Pearce, Davis, Elton, Halford, Olson 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. 2001-04-09 Senate Journal Page 1032 Unfinished Business SB 121 Senator Kelly, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 121 "An Act adding, for purposes of the Alaska Right-of-Way Leasing Act, a definition of 'substantial change' as applied to an amended right- of-way lease application; and providing for an effective date." Without objection, the bill was referred to the Rules Committee. Announcements Announcements are at the end of the journal. Engrossment SB 154 SENATE BILL NO. 154 "An Act relating to mental health treatment facilities; repealing the termination date of the mental health treatment assistance program; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 158 CS FOR SENATE BILL NO. 158(RES) am "An Act directing the commissioner of revenue to prepare a report to the legislature relating to the state's participation in owning or financing a gas pipeline project; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 103 SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld S) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2001-04-09 Senate Journal Page 1033 HB 104 SENATE CS FOR CS FOR HOUSE BILL NO. 104(FIN)(brf sup maj fld S) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 10, 2001. Without objection, the Senate adjourned at 4:30 p.m. Heidi Vogel Secretary of the Senate April 2001 2001-04-09 Senate Journal Page 1034 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 09 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Apr 11 Wednesday Fahrenkamp 203 1:30 PM += HB 16 HOME RULE COMMUNITIES Apr 13 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Apr 09 Monday Senate Finance 532 9:00 AM SB 174 EDUCATION FUNDING SB 121 RIGHT-OF-WAY LEASING ACT Bills Previously Heard/Scheduled Apr 10 Tuesday Senate Finance 532 9:00 AM + HB 72 ASST.ADJUTANT GEN.: MISSILE/SPACE DEFENSE + SJR 22 CONST. AM: JUDICIAL OFFICERS' TERMS <Pending Referral> + SB 166 APPOINTMENT OF US SENATORS <Pending Referral> + Bills Previously Heard/Scheduled Apr 11 Wednesday Senate Finance 532 9:00 AM = SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET Telecommunications Overview Bills Previously Heard/Scheduled 2001-04-09 Senate Journal Page 1035 FINANCE (continued) Apr 12 Thursday Senate Finance 532 9:00 AM SB 179 AIDEA BONDS FOR GAS PUBLIC UTILITIES Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 09 Monday Butrovich 205 1:30 PM + Discussion of Medicaid Directions += SB 86 TEACHER EMPLOYMENT & SUBJECT EXPERTISE += SB 155 STUDENT LOANS/ COMN. ON POSTSECONDARY ED. + SB 135 MENTAL HEALTH INFORMATION AND RECORDS + SB 116 AK TEMP. ASSISTANCE PROGRAM AMENDMENTS Bills Previously Heard/Scheduled Apr 11 Wednesday Butrovich 205 1:30 PM + Continuation: Medicaid Directions Alzheimer's/Dementia Breast and Cervical Cancer Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 09 Monday Beltz 211 4:35 PM - Meeting Postponed to after Adjournment- + SB 91 ABORTION: INFORMED CONSENT;INFORMATION += SB 161 NO PAY FOR JUDGES UNTIL DECISION Bills Previously Heard/Scheduled += HB 13 SERVICE AREAS:VOTER APPROVAL/TAX ZONES += SJR 22 CONST. AM: JUDICIAL OFFICERS' TERMS += SB 166 APPOINTMENT OF US SENATORS Apr 11 Wednesday Beltz 211 1:30 PM += SB 145 VILLAGE PUB.SAFETY OFFICER PROGRAM += HB 150 INSURANCE PREMIUMS FOR RENTAL VEHICLES Bills Previously Heard/Scheduled Apr 13 Friday Beltz 211 1:30 PM No Meeting Scheduled ---------------------------------------- 2001-04-09 Senate Journal Page 1036 LABOR & COMMERCE Apr 10 Tuesday Beltz 211 1:30 PM += SB 138 INSURANCE CODE AMENDMENTS += SB 30 UNEMPLOYMENT COMPENSATION BENEFITS + HB 81 DENTISTS/DENTAL HYGIENISTS & ASSISTANTS Apr 12 Thursday Beltz 211 1:30 PM += SB 138 INSURANCE CODE AMENDMENTS += SB 30 UNEMPLOYMENT COMPENSATION BENEFITS + SB 165 EDUCATION TAX ON EMPLOYMENT + SB 170 RAILROAD EMPLOYEE SALARIES AND WAGES + SB 168 COMMERCIAL FISHING LOAN PROGRAM ---------------------------------------- RESOURCES Apr 09 Monday Butrovich 205 3:30 PM -- Meeting Canceled -- += SB 153 UNDERGROUND STORAGE TANK LOAN FUND + HJR 19 DIGITAL ORTHOIMAGERY AND ELEVATION DATA + Bills Previously Heard/Scheduled Apr 11 Wednesday Butrovich 205 3:30 PM += SB 24 LEGIS APPROVAL OF SEAFOOD/FOOD SAFETY LAB += SB 139 STATE WATER USE + Bills Previously Heard/Scheduled Apr 13 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- RULES Apr 09 Monday Fahrenkamp 203 10:45 AM = SB 99 DNA REGISTRATION OF BURGLARS SB 154 REPEAL SUNSET OF MENTAL HEALTH ASSISTANCE SB 158 REPORT:STATE PARTICIPATE IN NAT GAS PIPE. HB 34 RULE AGAINST PERPETUITIES HB 156 MUNICIPAL DEBT FOR DEVELOPMENT PROJECTS HJR 22 DIVERSE COMMUNITY/CONDEMN HATE CRIMES Apr 10 Tuesday Fahrenkamp 203 10:45 AM SB 121 RIGHT-OF-WAY LEASING ACT 2001-04-09 Senate Journal Page 1037 STATE AFFAIRS Apr 10 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Apr 12 Thursday Beltz 211 3:30 PM HB 177 CAMPAIGN FINANCE: CONTRIB/DISCLOS/GROUPS <Pending Referral> Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 10 Tuesday Butrovich 205 1:30 PM + SB 152 DOTPF-RELATED CONTRACT CLAIMS += HB 8 LEGIS.PIONEER ROAD DEVELOPMENT TASK FORCE += SB 44 ALASKA TOLL BRIDGE AND CAUSEWAY AUTHORITY += SB 45 APPROP: DESIGN OF KNIK ARM CROSSING Bills Previously Heard/Scheduled Apr 12 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES NATURAL RESOURCES Apr 09 Monday Fahrenkamp 203 1:25 PM -- Time Change -- Fire Suppression/Water Scooping Aircraft ---------------------------------------- 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 -- 2001-04-09 Senate Journal Page 1038 ADMINISTRATIVE REGULATION REVIEW (continued) Apr 24 Tuesday Capitol 102 2:45 PM + Proposed/Approved Regulations + Mariculture Regulations + Department on Pioneer Homes ---------------------------------------- LEGISLATIVE COUNCIL Apr 10 Tuesday Senate Finance 532 2:00 PM Natural Gas Study FY00 Audit of Legislature Mat-Su Lease Legal Services Contract Amendment PNWER Dues IT Subcommittee Report/Recommendations LIO Computer Purchase Approval NCSL Dues ---------------------------------------- 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 11 Wednesday Butrovich 205 8:00 AM ---------------------------------------- 2001-04-09 Senate Journal Page 1039 JOINT SESSION Apr 11 Wednesday House Chamber 11:00 AM US Senator Ted Stevens' Annual Message