Legislature(2001 - 2002)

2001-04-11 Senate Journal

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2001-04-11                     Senate Journal                      Page 1061
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                     April 11, 2001                     
                                                                                                    
                              Ninety-fourth Day                                                  
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 10:54 a.m.                                                                               
                                                                                                    
The roll showed fifteen members present. Senators Cowdery, Donley,                                  
Taylor, Therriault, Wilken were 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 day and for Your                                      
          mercy which is new every morning. Lord, thank You                                         
          for the wonder of Your creation, and the opportunity                                      
          for us to enjoy it. I praise You that we are not part of                                  
          a cosmic accident, but we have been created in Your                                       
          image, and after Your likeness. Lord, thank You that                                      
          we have the privilege to live in this great nation with                                   
          the freedoms that we enjoy. Help us to never take for                                     
          granted the blessings that have been lavished upon                                        
          us.                                                                                       
                                                                                                    
          Lord, grant wisdom, understanding and discernment                                         
          to each Senator. May our descendants in the future                                        
          prosper and be blessed because of the decisions that                                      
          are being made in the present. Lord, help each one of                                     
          us to look beyond the immediate, and plan prudently                                       
          for the future. Help us not to get so caught up in the                                    
          urgent that we miss the important.                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1062
              Lord, we also pray for Your comfort and grace for                                    
             Senator Halford and his family in this time of loss.                                  
             May You comfort, sustain and strengthen them today.                                   
                                                                                                    
                Thank You for Your promise to hear and answer                                      
          prayer. In Jesus' name I pray, Amen.                                                      
                                                                                                    
Senator Kelly led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
Senator Hoffman moved and asked unanimous consent that the Senate                                   
move down the calendar to Unfinished Business. Without objection,                                   
the Senate proceeded to:                                                                            
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Hoffman moved and asked unanimous consent to be excused                                     
from a call of the Senate from 12:30 p.m. on April 11. Without                                      
objection, Senator Hoffman was excused.                                                             
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the ninety-third legislative day be approved as certified by the                                
Secretary. Without objection, it was so ordered.                                                    
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to the Joint Session. Without objection, the Senate                                 
recessed at 10:58 a.m.                                                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1063
                                 After Recess                                                    
                                                                                                    
                          Joint Session in the House                                             
                                                                                                    
Speaker Porter called the House to order and in accordance with                                     
Uniform Rule 51 turned the gavel over to President Halford, who                                     
called the Joint Session to order at 11:06 a.m.                                                     
                                                                                                    
The purpose of the Joint Session was to hear an address by the                                      
Honorable Ted Stevens, United States Senator.                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the roll call                                  
of the Senate be waived and all members be shown as present.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
roll call of the House be waived and all members be shown as present.                               
Without objection, it was so ordered.                                                               
                                                                                                    
President Halford appointed Representative McGuire and Senator                                      
Phillips to escort Senator Ted Stevens to the Joint Session.                                        
                                                                                                    
The Senate Sergeant at Arms, Christian Blalock, announced Senator                                   
Stevens' entrance to the House Chamber.                                                             
                                                                                                    
The Honorable Ted Stevens was escorted to the rostrum and                                           
introduced by President Halford.                                                                    
                                                                                                    
United States Senator Ted Stevens delivered his address. (A prepared                                
text was not submitted for publication.)                                                            
                                                                                                    
Following his address, there was a question and answer period. The                                  
Honorable Ted Stevens received a standing ovation and was escorted                                  
from the chamber by Senator Phillips and Representative McGuire.                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the Joint                                      
Session stand in adjournment. Without objection, President Halford                                  
adjourned the Joint Session at 12:05 p.m.                                                           
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1064
                                 After Recess                                                    
                                                                                                    
                                In the Senate                                                    
                                                                                                    
The Senate reconvened at 12:54 p.m.                                                                 
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
A Declaration of Disaster Emergency dated April 6, 2001, with an                                    
accompanying letter was received and is on file in the Senate                                       
Secretary's Office. The Declaration and letter had been copied to the                               
Finance Committee.                                                                                  
                                                                                                    
HB 100                                                                                            
Message dated and received April 10 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:                                    
                                                                                                    
                    SENATE CS FOR HOUSE BILL NO. 100(STA)                                          
             "An Act establishing the third Saturday of each June                                  
          as Juneteenth Day."                                                                       
                                                                                                    
      Chapter 9, SLA 2001                                                                           
      Effective Date: 07/09/01                                                                      
                                                                                                    
SB 21                                                                                             
Message dated and received April 10 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:                                    
                                                                                                    
                  SENATE BILL NO. 21 "An Act increasing the                                        
             maximum civil fine that may be imposed by the State                                   
          Medical Board as a disciplinary sanction."                                                
                                                                                                    
      Chapter 10, SLA 2001                                                                          
      Effective Date: 07/09/01                                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1065
SB 79                                                                                             
Message dated and received April 10 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:                                    
                                                                                                    
                  SENATE BILL NO. 79 "An Act naming the Fred                                       
          Zharoff Memorial Bridge."                                                                 
                                                                                                    
      Chapter 11, SLA 2001                                                                          
      Effective Date: 07/09/01                                                                      
                                                                                                    
HCR 7                                                                                             
Message dated and received April 10 was read, stating the Governor                                  
transmitted the engrossed and enrolled copies of the following                                      
resolution to the Lieutenant Governor's Office for permanent filing:                                
                                                                                                    
                      CS FOR HOUSE CONCURRENT RESOLUTION                                           
                NO. 7(HES) am S Relating to proclaiming April                                      
          2001 as Sexual Assault Awareness Month.                                                   
                                                                                                    
                          Legislative Resolve No. 16                                               
                                                                                                    
HCR 5                                                                                             
Message dated and received April 10 was read, stating the Governor                                  
transmitted the engrossed and enrolled copies of the following                                      
resolution to the Lieutenant Governor's Office for permanent filing:                                
                                                                                                    
          SENATE CS FOR HOUSE CONCURRENT                                                            
          RESOLUTION NO. 5(STA) Proposing amendments                                                
          to Uniform Rules 20(a), 37, and 49(a)(4) of the                                           
          Alaska State Legislature.                                                                 
                                                                                                    
                          Legislative Resolve No. 17                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1066
Message dated April 10 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 165                                                                                            
CS FOR HOUSE BILL NO. 165(RES) BY THE HOUSE                                                         
RESOURCES COMMITTEE, entitled:                                                                      
                                                                                                    
                 "An Act relating to the Kenai River Special                                       
               Management Area; and providing for an effective                                     
          date."                                                                                    
                                                                                                    
was read the first time and referred to the State Affairs, Resources and                            
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 44                                                                                             
The Transportation Committee considered SENATE BILL NO. 44                                          
"An Act establishing an Alaska Toll Bridge and Causeway Authority;                                  
and providing for an effective date." Signing do pass: Senator                                      
Cowdery, Chair, Senators Taylor, Wilken, Ward.                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Transportation and Public                                         
  Facilities                                                                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 45                                                                                             
The Transportation Committee considered SENATE BILL NO. 45                                          
"An Act making an appropriation for the design of the Knik Arm                                      
crossing; and providing for an effective date." Signing do pass:                                    
Senator Cowdery, Chair, Senators Taylor, Ward. Signing no                                           
recommendation: Senator Wilken.                                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    

2001-04-11                     Senate Journal                      Page 1067
SB 86                                                                                             
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 86 "An Act relating to employment of teachers                                       
who have subject-matter expertise; and providing for an effective                                   
date" and recommended it be replaced with                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 86(HES)                                                            
                                                                                                    
Signing do pass: Senator Green, Chair, Senators Wilken, Leman,                                      
Ward. Signing no recommendation: Senator Davis.                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Education and Early                                         
  Development                                                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 152                                                                                            
The Transportation Committee considered SENATE BILL NO. 152                                         
"An Act relating to the handling of and interest on contract                                        
controversies involving the Department of Transportation and Public                                 
Facilities or state agencies to whom the Department of Transportation                               
and Public Facilities delegates the responsibility for handling the                                 
controversies." Signing do pass: Senator Cowdery, Chair, Senators                                   
Taylor, Wilken, Ward.                                                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Transportation                                     
  and Public Facilities                                                                             
                                                                                                    
President Halford added a Finance Committee referral to the bill.                                   
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1068
HB 8                                                                                              
The Transportation Committee considered CS FOR HOUSE BILL                                           
NO. 8(FIN) am "An Act establishing the Legislative Pioneer Road                                     
Development Task Force; and providing for an effective date" and                                    
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          8(TRA)                                                                                    
                                                                                                    
Signing do pass: Senator Cowdery, Chair, Senators Wilken, Taylor,                                   
Ward.                                                                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Transportation and Public                                         
  Facilities                                                                                        
 Fiscal Note No. 3, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Legislative Affairs Agency                                                      
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 172                                                                                            
The Rules Committee considered SENATE BILL NO. 172 "An Act                                          
relating to an annual report by the court system to the public and the                              
legislature." Signing to calendar: Senator Pearce, Chair, Senators                                  
Cowdery, Phillips, Therriault, Ellis.                                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SJR 21                                                                                            
The Rules Committee considered SENATE JOINT RESOLUTION                                              
NO. 21 Urging the United States Congress to extend the authorization                                
date for supplemental block grants to the State of Alaska under the                                 
Federal Temporary Assistance to Needy Families Program. Signing to                                  
calendar: Senator Pearce, Chair, Senators Cowdery, Phillips,                                        
Therriault, Ellis.                                                                                  
                                                                                                    
The resolution is on today's calendar.                                                              

2001-04-11                     Senate Journal                      Page 1069
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 27                                                                                            
SENATE JOINT RESOLUTION NO. 27 BY SENATORS ELTON,                                                   
Halford,                                                                                            
                                                                                                    
                Relating to an Alaska National Guard Armory in                                     
          Juneau.                                                                                   
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
SJR 28                                                                                            
SENATE JOINT RESOLUTION NO. 28 BY SENATOR WILKEN,                                                   
                                                                                                    
             Urging dissemination of information about the costs                                   
              of long-term care services and the availability of                                   
          long-term care insurance for individuals.                                                 
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Labor and Commerce Committees.                                                         
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 189                                                                                            
SENATE BILL NO. 189 BY THE SENATE LABOR AND                                                         
COMMERCE COMMITTEE BY REQUEST, entitled:                                                            
                                                                                                    
            "An Act relating to motor vehicles; and providing for                                  
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1070
SB 190                                                                                            
SENATE BILL NO. 190 BY SENATOR WILKEN, entitled:                                                    
                                                                                                    
          "An Act relating to guardianships, conservatorships,                                      
          and protective orders; relating to the actions of the                                     
          office of public advocacy concerning guardianships                                        
          and conservatorships; relating to the appointment and                                     
          duties of a court visitor appointed for a patient                                         
          through the office of public advocacy; amending                                           
          Rule 77, Alaska Rules of Civil Procedure; and                                             
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
SB 48                                                                                             
Senator Lincoln moved that the Senate rescind its previous action in                                
passing CS FOR SENATE BILL NO. 48(FIN) am. Without objection,                                       
it was so ordered, and the bill was before the Senate in third reading                              
on final passage.                                                                                   
                                                                                                    
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:  8   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Donley, Green, Kelly, Leman, Pearce, Phillips,                                      
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Austerman, Davis, Ellis, Elton, Halford, Lincoln, Olson, Taylor                              
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    

2001-04-11                     Senate Journal                      Page 1071
and so, CS FOR SENATE BILL NO. 48(FIN) am 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:                                                           
                                                                                                    
CSSB 48(FIN) am                                                                                     
Effective Date Clause                                                                               
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor,                                    
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    
and so, the effective date clause was adopted and the bill was referred                             
to the Secretary for engrossment.                                                                   
                                                                                                    
SB 99                                                                                             
Senator Davis moved that the Senate rescind its previous action in                                  
passing SENATE BILL NO. 99. Without objection, it was so ordered                                    
and the bill was before the Senate in third reading on final passage.                               
                                                                                                    
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:  4   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Elton, Green, Halford,                                    
Leman, Lincoln, Olson, Taylor, Torgerson, Ward, Wilken                                              
                                                                                                    
Nays:  Ellis, Kelly, Phillips, Therriault                                                           
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    
Absent:  Pearce                                                                                     
                                                                                                    

2001-04-11                     Senate Journal                      Page 1072
and so, SENATE BILL NO. 99 passed the Senate and was referred to                                    
the Secretary for engrossment.                                                                      
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 172                                                                                            
SENATE BILL NO. 172 "An Act relating to an annual report by the                                     
court system to the public and the legislature" was read the second                                 
time.                                                                                               
                                                                                                    
Senator Donley, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 1012.                                  
Without objection, CS FOR SENATE BILL NO. 172(FIN) was                                              
adopted and read the second time.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 172(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 172(FIN)                                          
"An Act relating to an annual report by the court system to the public                              
and the legislature" pass the Senate?" The roll was taken with the                                  
following result:                                                                                   
                                                                                                    
CSSB 172(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Kelly, Leman, Lincoln, Olson, Phillips, Taylor, Therriault,                                
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    
Absent:  Pearce                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 172(FIN) passed the Senate and                                       
was referred to the Secretary for engrossment.                                                      
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1073
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SJR 21                                                                                            
SENATE JOINT RESOLUTION NO. 21 Urging the United States                                             
Congress to extend the authorization date for supplemental block                                    
grants to the State of Alaska under the Federal Temporary Assistance                                
to Needy Families Program, was read the second time.                                                
                                                                                                    
Senator Green, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Committee                                     
Substitute offered on page 857. Without objection, CS FOR SENATE                                    
JOINT RESOLUTION NO. 21(HES) was adopted and read the second                                        
time.                                                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Without objection, it was so ordered.                                      
                                                                                                    
CS FOR SENATE JOINT RESOLUTION NO. 21(HES) was read the                                             
third time.                                                                                         
                                                                                                    
The question being: "Shall CS FOR SENATE JOINT RESOLUTION                                           
NO. 21(HES) Urging the United States Congress to extend the                                         
authorization date for supplemental block grants to the State of Alaska                             
under the Federal Temporary Assistance to Needy Families Program,                                   
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSSJR 21(HES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Kelly, Leman, Lincoln, Olson, Phillips, Taylor, Therriault,                                
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    
Absent:  Pearce                                                                                     
                                                                                                    
and so, CS FOR SENATE JOINT RESOLUTION NO. 21(HES)                                                  
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    

2001-04-11                     Senate Journal                      Page 1074
                     House Resolutions in Second Reading                                         
                                                                                                    
HJR 22                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) Relating to a                                             
diverse community; condemning a recent racially motivated attack;                                   
and requesting the Municipality of Anchorage police department to                                   
continue their conclusive investigation and requesting the criminal                                 
justice system to take rapid action to reach the determination of this                              
case, which had been held in second reading (page 1052) was before                                  
the Senate.                                                                                         
                                                                                                    
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Senate Committee Substitute offered on                                
page 956. Without objection, SENATE CS FOR CS FOR HOUSE                                             
JOINT RESOLUTION NO. 22(STA) was adopted and read the second                                        
time.                                                                                               
                                                                                                    
Senators Davis, Lincoln offered Amendment No. 1:                                                    
                                                                                                    
Page 2, line 10, insert the following:                                                              
 "WHEREAS the educational leaders of this state must be active                                    
in eliminating discrimination in all its forms by providing a tolerant                              
educational environment that is open and accepting to all people; and"                              
                                                                                                    
Page 2, line 27, after "Natives;" insert the following:                                             
 "the members of the state Board of Education and Early                                             
Development; the President and Chancellors of the University of                                     
Alaska; the superintendents of all Alaska school systems;"                                          
                                                                                                    
Senator Davis 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:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1075
                                                                                                    
SCS CSHJR 22(STA)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  7   NAYS:  11   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Davis, Ellis, Elton, Lincoln, Olson, Phillips                                     
                                                                                                    
Nays:  Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce,                                       
Taylor, Therriault, Ward, Wilken                                                                    
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
Amendment No. 2 was not offered.                                                                    
                                                                                                    
Senator Donley offered Amendment No. 3:                                                             
                                                                                                    
Page 1, line 11, before "discrimination":                                                           
 Insert  "unlawful"                                                                                 
                                                                                                    
Page 2, lines 11 and 12, before "discrimination":                                                   
 Insert  "unlawful"                                                                                 
                                                                                                    
Page 2, line 22, before "discrimination":                                                           
 Insert  "unlawful"                                                                                 
                                                                                                    
Senator Donley moved for the adoption of Amendment No. 3. Senator                                   
Ellis objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1076
                                                                                                    
SCS CSHJR 22(STA)                                                                                   
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce,                                       
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Nays:  Austerman, Davis, Ellis, Elton, Lincoln, Olson                                               
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    
Wilken changed from "Nay" to "Yea".                                                                 
Pearce changed from "Nay" to "Yea".                                                                 
Kelly changed from "Nay" to "Yea".                                                                  
                                                                                                    
and so, Amendment No. 3 was adopted.                                                                
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Without objection, it was so ordered.                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
22(STA) am S was read the third time.                                                               
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
JOINT RESOLUTION NO. 22(STA) am S Relating to a diverse                                             
community; condemning a recent racially motivated attack; and                                       
requesting the Municipality of Anchorage police department to                                       
continue their conclusive investigation and requesting the criminal                                 
justice system to take rapid action to reach the determination of this                              
case, pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1077
                                                                                                    
SCS CSHJR 22(STA) am S                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  16   NAYS:  2   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Halford,                                    
Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault,                                 
Ward                                                                                                
                                                                                                    
Nays:  Green, Wilken                                                                                
                                                                                                    
Excused:  Hoffman                                                                                   
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                                                 
NO. 22(STA) am S passed the Senate.                                                                 
                                                                                                    
Senator Wilken gave notice of reconsideration.                                                      
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Mary Ellen Murphy                                                                        
Representative(s) Green                                                                             
Senator(s) Ward, Wilken, Pearce, Leman, Elton, Austerman, Lincoln,                                  
Green, Taylor, Davis, Kelly, Olson, Halford, Donley, Hoffman                                        
                                                                                                    
Honoring - Dan Shanders                                                                             
Representative(s) Green                                                                             
Senator(s) Ward, Wilken, Pearce, Leman, Elton, Austerman, Lincoln,                                  
Green, Taylor, Davis, Kelly, Olson, Halford, Donley, Hoffman                                        
                                                                                                    
Honoring - Noorvik Bears Basketball Team                                                            
Representative(s) Joule                                                                             
Senator(s) Olson, Leman, Pearce, Elton, Green, Davis, Kelly, Lincoln,                               
Taylor, Austerman, Wilken, Hoffman, Ellis                                                           
                                                                                                    
Honoring - Alaska's 4-H Teens                                                                       
Representative(s) James                                                                             
Senator(s) Ward, Leman, Pearce, Elton, Green, Davis, Kelly, Lincoln,                                
Taylor, Austerman, Wilken, Hoffman, Phillips, Ellis                                                 
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1078
Honoring - Rob Wilusz, Special Olympian                                                             
Representative(s) Chenault                                                                          
Senator(s) Ward, Leman, Pearce, Elton, Green, Davis, Kelly, Lincoln,                                
Taylor, Austerman, Wilken, Hoffman, Ellis                                                           
                                                                                                    
Honoring - Samantha Baker, Special Olympian                                                         
Representative(s) Chenault                                                                          
Senator(s) Ward, Leman, Pearce, Elton, Green, Davis, Kelly, Lincoln,                                
Taylor, Austerman, Wilken, Hoffman, Ellis                                                           
                                                                                                    
In Memoriam - John E. "Pat" Ryan                                                                    
Representative(s) Bunde                                                                             
Senator(s) Cowdery, Ward, Wilken, Pearce, Leman, Elton, Austerman,                                  
Lincoln, Green, Taylor, Davis, Kelly, Olson, Donley, Halford,                                       
Hoffman, Phillips                                                                                   
                                                                                                    
In Memoriam - Jack L. Ward                                                                          
Representative(s) Chenault                                                                          
Senator(s) Halford, Ward, Leman, Pearce, Elton, Green, Davis, Kelly,                                
Lincoln, Taylor, Austerman, Wilken, Hoffman, Olson, Therriault,                                     
Phillips, Donley, Cowdery, Ellis                                                                    
                                                                                                    
In Memoriam - Marlieta Davis Wallace                                                                
Senator(s) Taylor, Leman, Pearce, Elton, Green, Davis, Kelly,                                       
Lincoln, Austerman, Wilken, Hoffman                                                                 
                                                                                                    
In Memoriam - Minnie LaPage                                                                         
Representative(s) Harris                                                                            
Senator(s) Lincoln, Leman, Pearce, Elton, Green, Davis, Kelly,                                      
Taylor, Austerman, Wilken, Hoffman, Ward                                                            
                                                                                                    
In Memoriam - Joseph Martin Jackovich                                                               
Representative(s) Fate, Hayes                                                                       
Senator(s) Wilken, Ward, Leman, Pearce, Elton, Green, Davis, Kelly,                                 
Lincoln, Taylor, Austerman, Hoffman, Phillips                                                       
                                                                                                    
In Memoriam - Mamie and Marcus Jensen                                                               
Representative(s) Hudson, Kerttula                                                                  
Senator(s) Elton, Leman, Pearce, Green, Davis, Kelly, Lincoln,                                      
Taylor, Austerman, Wilken, Hoffman, Phillips, Ward                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1079
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.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                          Special Order of Business                                              
                                                                                                    
In Memoriam - George Van Wyhe                                                                       
Representative(s) Murkowski, Fate                                                                   
Senator(s) Pearce, Green, Kelly, Taylor, Austerman, Lincoln, Davis,                                 
Elton                                                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the citation                                   
be adopted. Without objection, the citation was adopted and referred to                             
the Secretary for transmittal.                                                                      
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 103                                                                                            
President Halford appointed the following members to a Conference                                   
Committee considering CS FOR HOUSE BILL NO. 103(FIN)(brf sup                                        
maj fld) and 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"                             
to meet with the like committee from the House:                                                     
                                                                                                    
     Senator Donley, Chair                                                                          
     Senator Kelly                                                                                  
     Senator Hoffman                                                                                
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1080
HB 104                                                                                            
President Halford appointed the following members to a Conference                                   
Committee considering CS FOR HOUSE BILL NO. 104(FIN) and                                            
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" to meet with the like                                 
committee from the House:                                                                           
                                                                                                    
     Senator Donley, Chair                                                                          
     Senator Kelly                                                                                  
     Senator Hoffman                                                                                
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that President                                      
Halford be excused from a call of the Senate on April 12. Without                                   
objection, Senator Halford was excused.                                                             
                                                                                                    
Senator Pearce moved and asked unanimous consent to be excused                                      
from a call of the Senate from April 17 through 20. Without objection,                              
Senator Pearce was excused.                                                                         
                                                                                                    
SJR 23                                                                                            
Senator Austerman moved and asked unanimous consent to be shown                                     
as a cosponsor on SENATE JOINT RESOLUTION NO. 23 Proposing                                          
amendments to the Constitution of the State of Alaska relating to an                                
appropriation limit and a spending limit. Without objection, it was so                              
ordered.                                                                                            
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                               
in effect.                                                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1081
                                 Engrossment                                                     
                                                                                                    
SB 48                                                                                             
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" was engrossed, signed by the                                   
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
SB 99                                                                                             
SENATE BILL NO. 99 "An Act relating to the DNA identification                                       
registration system" was engrossed, signed by the President and                                     
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
SB 172                                                                                            
CS FOR SENATE BILL NO. 172(FIN) "An Act relating to an annual                                       
report by the court system to the public and the legislature" was                                   
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
SJR 21                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 21(HES) Urging the                                               
United States Congress to extend the authorization date for                                         
supplemental block grants to the State of Alaska under the Federal                                  
Temporary Assistance to Needy Families Program, was engrossed,                                      
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1082
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., April 12, 2001. Without                                      
objection, the Senate adjourned at 2:44 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2001                       

2001-04-11                     Senate Journal                      Page 1083
                                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 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 11        Wednesday                 Senate Finance 532            9:00 AM                     
= SB  29 APPROP: GOVERNOR'S CAPITAL BUDGET                                                          
              Telecommunications Overview                                                           
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 12        Thursday                  Senate Finance 532            9:00 AM                     
     SB 179 AIDEA BONDS FOR GAS PUBLIC UTILITIES                                                    
              <Above Item Removed from Agenda>                                                      
+= SJR 22 CONST. AM: JUDICIAL OFFICERS' TERMS                                                       
+= SB 123 LEGISLATIVE APPROVAL:RAILROAD FACILITIES                                                  
+= SB 136 RESOURCE DEVELOPMENT: BD./GRANTS/FUND                                                     
+= HB  72 ASST.ADJUTANT GEN.: MISSILE/SPACE DEFENSE                                                 
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1084
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 11        Wednesday                       Butrovich 205           1:30 PM                     
              -- Meeting Postponed to 2:45 pm --                                                    
+             Continuation: Medicaid Directions                                                     
              Alzheimer's/Dementia                                                                  
              Breast and Cervical Cancer                                                            
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 11        Wednesday                             Beltz 211         1:30 PM                     
              -- Meeting Postponed to 2:50 pm--                                                     
+= SB 145 VILLAGE PUB.SAFETY OFFICER PROGRAM                                                        
+= HB 150 INSURANCE PREMIUMS FOR RENTAL VEHICLES                                                    
+= SB  91 ABORTION: INFORMED CONSENT;INFORMATION                                                    
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 13        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 12        Thursday                              Beltz 211         1:30 PM                     
     HB  81 EXTENDING BOARD OF DENTAL EXAMINERS                                                     
+= SB 138 INSURANCE CODE AMENDMENTS                                                                 
+= SB  30 UNEMPLOYMENT COMPENSATION BENEFITS                                                        
              <Above Item Removed from Agenda>                                                      
+ SB 165 EDUCATION TAX ON EMPLOYMENT                                                                
+ SB 170 RAILROAD EMPLOYEE SALARIES AND WAGES                                                       
+ SB 168 COMMERCIAL FISHING LOAN PROGRAM                                                            
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
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                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1085
                            RESOURCES (continued)                                                
                                                                                                    
Apr 13        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
Apr 11        Wednesday                    Fahrenkamp 203           10:30 AM                      
     SB 172 COURT SYSTEM ANNUAL REPORT                                                              
     SJR 21 EXTEND FEDERAL TANF GRANTS                                                              
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 12        Thursday                              Beltz 211         3:30 PM                     
     HB 177 CAMPAIGN FINANCE: CONTRIB/DISCLOS/GROUPS                                                
              <Pending Referral>                                                                    
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 12        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
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                                                           
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-11                     Senate Journal                      Page 1086
                   CONFERENCE COMMITTEES ON HB 103 & HB 104                                      
                                                                                                    
Apr 11        Wednesday                 Senate Finance 532            3:00 PM                     
     HB 103 APPROP: OPERATING BUDGET                                                                
     HB 104 APPROP:  MENTAL HEALTH BUDGET                                                           
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Apr 17        Tuesday                      Fahrenkamp 203            12:00 PM                     
              -- Meeting Canceled --                                                                
+             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                     
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
Apr 11        Wednesday                    House Chamber            11:00 AM                      
              US Senator Ted Stevens' Annual Message