Legislature(2001 - 2002)

2001-05-02 Senate Journal

Full Journal pdf

2001-05-02                     Senate Journal                      Page 1421
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                        May 2, 2001                     
                                                                                                    
                          One Hundred Fifteenth Day                                              
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 1:49 p.m.                                                                                
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Sam Dalin of the River                               
of Glory Church. Senator Hoffman moved and asked unanimous                                          
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          Dear Father, Son and Holy Spirit, Your Word says,                                         
          "Wisdom calls aloud outside, she raises her voice in                                      
          the open squares, she cries out in the chief                                              
          concourses, at the opening of the gates in the city."                                     
          Today as we lead in the business that is at hand here                                     
          in the state of Alaska, we call out for wisdom in the                                     
          decisions we make. We thank You for wisdom, in the                                        
          Name of God the Father, God the Son and God the                                           
  Holy Spirit.                                                        Amen.                        
                                                                                                    
Senator Elton led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the one hundred fourteenth legislative day be approved as certified                             
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
rescind its action in approving the journal for the one hundred                                     
thirteenth legislative day. Without objection, it was so ordered.                                   
                                                                                                    

2001-05-02                     Senate Journal                      Page 1422
Message from the Senate Secretary dated May 1 was read, stating:                                    
                                                                                                    
Upon a review of the journal for the one hundred thirteenth legislative                             
day of the First Session of the Twenty-second Legislature, the                                      
following error was identified:                                                                     
                                                                                                    
     On page 1369, under Senate Bill No. 29, Amendment No. 12,                                      
     following the objection to the motion for the adoption of                                      
     Amendment No. 12, the next paragraph should read:                                              
                                                                                                    
                  "Senator Hoffman moved and asked unanimous                                       
             consent for the adoption of the following amendment                                   
          to Amendment No. 12:"                                                                     
                                                                                                    
As this journal has already been certified (May 1, 2001), I formally                                
request that the Senate rescind its action in approving the journal for                             
the one hundred thirteenth legislative day, direct that the correction be                           
made, and approve the journal as corrected.                                                         
                                                                                                    
Senator Leman directed that the correction as noted by the Secretary                                
be made and that the journal be approved as corrected. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 72                                                                                             
Message dated May 1 was read, stating the House concurred in the                                    
Senate amendment to HOUSE BILL NO. 72 am "An Act relating to an                                     
assistant adjutant general for space and missile defense in the                                     
Department of Military and Veterans' Affairs" thus adopting:                                        
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 72(RLS) "An                                                  
          Act relating to an assistant adjutant general for space                                   
          and missile defense in the Department of Military                                         
          and Veterans' Affairs; and providing for an effective                                     
          date."                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1423
SB 9                                                                                              
Message dated May 1 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 9(L&C) "An Act                                                     
          extending the termination date of the State Board of                                      
          Registration for Architects, Engineers, and Land                                          
          Surveyors; relating to the temporary member of that                                       
          board; and providing for an effective date."                                              
                                                                                                    
A House Letter of Intent (page 406, House Journal) was attached.                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 135                                                                                            
Message dated May 1 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 135(JUD) "An Act                                                   
          relating to mental health records, communications,                                        
            and information; and providing for an effective date."                                 
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 178                                                                                            
Message dated May 2 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 178 "An Act relating to the                                               
          detention of delinquent minors and to temporary                                           
          detention hearings; amending Rule 12, Alaska                                              
          Delinquency Rules; and providing for an effective                                         
          date."                                                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 187                                                                                            
Message dated May 2 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 187(FIN) "An Act                                                   
          relating to absentee and special needs voting."                                           
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              

2001-05-02                     Senate Journal                      Page 1424
SB 103                                                                                            
Message dated May 2 was read stating, the House has failed to recede                                
from its amendments to CS FOR SENATE BILL NO. 103(FIN),                                             
namely:                                                                                             
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          103(2d RLS) am H "An Act relating to election                                             
          campaigns and legislative ethics."                                                        
                                                                                                    
The Speaker has appointed the following members to a Conference                                     
Committee to meet with the like committee from the Senate to                                        
consider the bills:                                                                                 
                                                                                                    
 Representative Kott, Chair                                                                         
 Representative Coghill                                                                             
 Representative Croft                                                                               
                                                                                                    
Senate members appointed May 1 (page 1414):                                                         
                                                                                                    
 Senator Therriault, Chair                                                                          
 Senator Ellis                                                                                      
 Senator Cowdery                                                                                    
                                                                                                    
Messages dated May 1 and 2 were read, stating the House passed and                                  
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 10                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 10 BY THE HOUSE                                                     
HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE,                                                    
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 19, relating to certain                                        
          federal child support enforcement requirements, so                                        
          that the phrase "relating to child support payments"                                      
          may be added to the bill's title.                                                         
                                                                                                    
was read the first time and held on the Secretary's desk.                                           

2001-05-02                     Senate Journal                      Page 1425
HJR 23                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 23(STA) BY THE                                                    
HOUSE STATE AFFAIRS COMMITTEE,                                                                      
                                                                                                    
          Advocating the retention of the electoral college                                         
          system in its present form.                                                               
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 40                                                                                             
CS FOR HOUSE BILL NO. 40(FIN) BY THE HOUSE FINANCE                                                  
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act providing for the revocation of driving                                           
          privileges by a court for a driver convicted of a                                         
          violation of traffic laws in connection with a fatal                                      
          motor vehicle or commercial motor vehicle accident;                                       
          amending Rules 43 and 43.1, Alaska Rules of                                               
          Administration; and providing for an effective date."                                     
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 157                                                                                            
CS FOR HOUSE BILL NO. 157(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to trust companies and providers of                                      
          fiduciary services; amending Rules 6 and 12, Alaska                                       
          Rules of Civil Procedure, Rule 40, Alaska Rules of                                        
          Criminal Procedure, Rules 204, 403, 502, 602, and                                         
          611, Alaska Rules of Appellate Procedure, and Rules                                       
          7.2 and 7.3, Alaska Rules of Professional Conduct;                                        
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               

2001-05-02                     Senate Journal                      Page 1426
HB 184                                                                                            
CS FOR HOUSE BILL NO. 184(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to insurance; amending Rule 402,                                         
          Alaska Rules of Evidence; and providing for an                                            
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 189                                                                                            
HOUSE BILL NO. 189 BY THE HOUSE JUDICIARY                                                           
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act repealing statutory provisions relating to                                        
          term limits and term limit pledges."                                                      
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                
                                                                                                    
HB 198                                                                                            
CS FOR HOUSE BILL NO. 198(RLS)(efd add) BY THE HOUSE                                                
RULES COMMITTEE, entitled:                                                                          
                                                                                                    
          "An Act relating to a post-retirement pension                                             
          adjustment for certain persons receiving benefits                                         
          under the Elected Public Officers Retirement System,                                      
          and establishing and relating to a Compensation                                           
          Commission for State Officials; and providing for an                                      
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 260                                                                                            
CS FOR HOUSE BILL NO. 260(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
"An Act requiring the owners or operators of certain commercial                                     
passenger vessels operating in the marine waters of the state to register                           
with the Department of Environmental Conservation; establishing                                     
information-gathering, record keeping, and reporting requirements                                   

2001-05-02                     Senate Journal                      Page 1427
relating to the vessels' graywater, sewage, hazardous substances,                                   
hazardous wastes, solid wastes, and other pollutants; establishing                                  
certain sampling, testing, reporting, and record-keeping requirements                               
as terms and conditions of permitting discharges from the vessels;                                  
authorizing the Department of Environmental Conservation to provide                                 
for independent verification of compliance by the vessels, and to                                   
monitor and supervise discharges from the vessels; prohibiting the                                  
discharge of untreated sewage from the vessels; placing limits on                                   
discharges of treated sewage and graywater from the vessels;                                        
providing that there is no audit report privilege for complying with a                              
requirement that the owner or operator of a commercial passenger                                    
vessel must report discharges of sewage or graywater that violate laws;                             
establishing a fee, ranging from $.70 - $1.75 per berth, with a                                     
maximum of $3,750 per voyage, on commercial passenger vessels that                                  
are not operated by the state for each voyage during which the vessels                              
operate in the marine waters of the state based on the overnight                                    
accommodation capacity of the vessels determined with reference to                                  
the number of lower berths; providing for a fee for vessels operated by                             
the state to be determined by an agreement between the commissioner                                 
of environmental conservation and the commissioner of transportation                                
and public facilities; authorizing the Department of Environmental                                  
Conservation to research, monitor, and study discharges and releases                                
from commercial passenger vessels, including the opacity of air                                     
emissions from the vessels; establishing penalties for failure to comply                            
with certain laws relating to the vessels; authorizing the Department of                            
Environmental Conservation to encourage and recognize superior                                      
environmental protection efforts related to commercial passenger                                    
vessels; authorizing the Department of Environmental Conservation to                                
adopt regulations to implement laws relating to commercial passenger                                
vessels and directing the department to use negotiated regulation                                   
procedures, when appropriate, to develop the regulations; establishing                              
a commercial passenger vessel coastal protection fund; requiring a                                  
report from the Department of Environmental Conservation                                            
concerning matters relating to the vessels; and providing for an                                    
effective date."                                                                                    
                                                                                                    
was read the first time and held on the Secretary's Desk.                                           
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1428
SB 19                                                                                             
Message dated May 2 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 19(HES) "An Act                                            
relating to federal child support enforcement requirements regarding                                
social security number information, employer reports about                                          
employees, and certain kinds of automated data matching with                                        
financial institutions; repealing the termination date of changes made                              
by ch. 87, SLA 1997, and ch. 132, SLA 1998, regarding child support                                 
enforcement and related programs; repealing the nonseverability                                     
provision of ch. 132, SLA 1998; repealing uncodified laws relating to                               
ch. 87, SLA 1997, and ch. 132, SLA 1998; and providing for an                                       
effective date" with the following amendment:                                                       
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          19(HES) "An Act relating to federal child support                                         
          enforcement requirements regarding social security                                        
          number information, employer reports about                                                
          employees, and certain kinds of automated data                                            
          matching with financial institutions; relating to child                                   
          support payments; repealing the termination date of                                       
          changes made by ch. 87, SLA 1997, and ch. 132,                                            
          SLA 1998, regarding child support enforcement and                                         
          related programs; repealing the nonseverability                                           
          provision of ch. 132, SLA 1998; repealing uncodified                                      
          laws relating to ch. 87, SLA 1997, and ch. 132, SLA                                       
          1998; and providing for an effective date."                                               
          (Title change authorized by HCR 10)                                                       
                                                                                                    
HB 127                                                                                            
Message dated May 2 was read, stating the House failed to concur in                                 
the Senate amendments to CS FOR HOUSE BILL NO. 127(RLS) and                                         
respectfully requests the Senate to recede from its amendments,                                     
namely:                                                                                             
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          127(TRA) am S "An Act relating to aviation and to                                         
          emergency equipment to be carried on aircraft."                                           
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1429
In the event the Senate fails to recede, the Speaker has appointed the                              
following members to a Conference Committee to meet with a like                                     
committee from the Senate to consider the bills:                                                    
                                                                                                    
     Representative Harris, Chair                                                                   
     Representative Bunde                                                                           
     Representative Kerttula                                                                        
                                                                                                    
Senator Leman moved that the Senate recede from its amendments and                                  
recommended the body vote no.                                                                       
                                                                                                    
The question being: "Shall the Senate recede from its amendments?"                                  
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHB 127(TRA) am S                                                                              
Shall the Senate recede from its                                                                    
amendments to CSHB 127(RLS)?                                                                        
                                                                                                    
YEAS:  0   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Nays:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, the Senate failed to recede.                                                                
                                                                                                    
The President appointed the following members to a Conference                                       
Committee to meet with the like committee from the House:                                           
                                                                                                    
     Senator Halford, Chair                                                                         
     Senator Olson                                                                                  
     Senator Taylor                                                                                 
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Reports dated April 30 were read stating:                                                           
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1430
In accordance with AS 39.05.080 and without recommendations, the                                    
Senate Health, Education and Social Services Committee reviewed the                                 
following and recommends the appointments be forwarded to a joint                                   
session for consideration:                                                                          
                                                                                                    
Board of Dental Examiners                                                                         
 Rena L. Anderson - Anchorage                                                                       
 Dr. James Blasingame - Anchorage                                                                   
 Dr. Patricia Bergdahl - Fairbanks                                                                  
 Dr. Michael P. Moriarty - Seward                                                                   
                                                                                                    
Board of Dispensing Opticians                                                                     
 Ann M. Bezona - Kodiak                                                                             
 Larry E. Harper - Anchorage                                                                        
                                                                                                    
Board of Education and Early Development                                                          
 Diane Heard - Eagle River                                                                          
                                                                                                    
Board of Marital and Family Therapy                                                               
 Ann W. Swift - Fairbanks                                                                           
                                                                                                    
State Medical Board                                                                               
 Dr. Martha Tillion Cotten - Eagle River                                                            
 Constance E. Livsey - Anchorage                                                                    
 Sheila Means - Juneau                                                                              
 Dr. David Head - Nome                                                                              
                                                                                                    
Alaska Mental Health Trust Authority Board of Trustees                                            
 John Pugh - Juneau                                                                                 
                                                                                                    
Board of Certified Direct-Entry Midwives                                                          
 Sharon Evans - Chugiak                                                                             
                                                                                                    
Board of Nursing                                                                                  
 Mary S. (Sue) Nikodym - Wrangell                                                                   
                                                                                                    
Board of Examiners in Optometry                                                                   
 Dr. William D. Faulkner - Anchorage                                                                
                                                                                                    
Board of Pharmacy                                                                                 
 Mark D. Bohrer - Eagle River                                                                       
 Cindy Bueler - Anchorage                                                                           
                                                                                                    

2001-05-02                     Senate Journal                      Page 1431
                                                                                                    
State Physical Therapy and Occupational Therapy Board                                             
 Jo Anne Bell-Graves - Juneau                                                                       
                                                                                                    
Board of Professional Counselors                                                                  
 David F. Leonard - Fairbanks                                                                       
                                                                                                    
Professional Teaching Practices Commission                                                        
 Georgia (Sue) Cast - Bethel                                                                        
 Cynthia Curran - Juneau                                                                            
 Patricia A. Truman - Palmer                                                                        
                                                                                                    
Board of Psychologists and Psychological Associate Examiners                                      
 Cathy W. Biggerstaff - Anchorage                                                                   
                                                                                                    
University of Alaska Board of Regents                                                             
 Kevin O. Meyers - Anchorage                                                                        
                                                                                                    
Board of Social Work Examiners                                                                    
 Diane M. DiSanto - Anchorage                                                                       
                                                                                                    
Signing the reports: Senator Green, Chair, Senators Leman, Ward,                                    
Wilken, Davis.                                                                                      
                                                                                                    
SB 191                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
191 "An Act relating to insurance pooling by members of an airline                                  
employers association" and recommended it be replaced with                                          
                                                                                                    
                   CS FOR SENATE BILL NO. 191(L&C)  "An Act                                        
          relating to insurance pooling by air carriers."                                           
                                                                                                    
Signing no recommendation: Senator Phillips, Chair, Senators                                        
Austerman, Davis, Torgerson.                                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1432
SB 218                                                                                            
The Transportation Committee considered SENATE BILL NO. 218                                         
"An Act relating to international airports revenue bonds and to the                                 
spending plan for the International Airports Construction Fund; and                                 
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
          CS FOR SENATE BILL NO. 218(TRA)                                                           
                                                                                                    
Signing do pass: Senator Cowdery, Chair, Senators Wilken, Taylor.                                   
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 200                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
200(STA) "An Act establishing July 3 as Drunk Driving Victims                                       
Remembrance Day." Signing do pass: Senator Therriault, Chair,                                       
Senators Phillips, Pearce, Davis.                                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House State Affairs Committee                                             
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SJR 28                                                                                            
The Labor and Commerce Committee considered SENATE JOINT                                            
RESOLUTION NO. 28 Urging dissemination of information about the                                     
costs of long-term care services and the availability of long-term care                             
insurance for individuals, and recommended the adoption of the                                      
Health, Education and Social Services Committee Substitute offered                                  
on page 1328. Signing do pass: Senator Phillips, Chair, Senators                                    
Austerman, Davis, Torgerson.                                                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Senate Health, Education and Social                                       
  Services Committee                                                                                
                                                                                                    
The resolution was referred to the Rules Committee.                                                 

2001-05-02                     Senate Journal                      Page 1433
HB 48                                                                                             
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
48(RES) "An Act eliminating a requirement that a social security                                    
number be provided by an applicant for certain hunting or sport                                     
fishing licenses, tags, and permits; eliminating a requirement that                                 
applications for certain licenses and tags be sworn to by the applicants                            
before an officer authorized to administer oaths; and providing for an                              
effective date." Signing to calendar and do pass: Senator Pearce,                                   
Chair, Senators Ellis, Cowdery, Phillips, Therriault.                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 110                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
110(JUD) "An Act relating to driver's licenses and instructional                                    
permits; and providing for an effective date." Signing to calendar and                              
do pass: Senator Pearce, Chair, Senators Ellis, Cowdery, Phillips,                                  
Therriault.                                                                                         
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 194                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
194(FIN) "An Act relating to fees for commercial fishing licenses and                               
permits; and providing for an effective date." Signing to calendar:                                 
Senator Pearce, Chair, Senator Cowdery. Signing no recommendation:                                  
Senators Therriault, Ellis, Phillips.                                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HJR 26                                                                                            
The Rules Committee considered HOUSE JOINT RESOLUTION NO.                                           
26 Requesting the National Marine Fisheries Service to relocate the                                 
Alaska Fisheries Science Center Steller sea lion research team to                                   
Alaska. Signing to calendar: Senator Pearce, Chair, Senators Phillips,                              
Cowdery, Therriault, Ellis.                                                                         
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1434
HJR 27                                                                                            
The Rules Committee considered CS FOR HOUSE JOINT                                                   
RESOLUTION NO. 27(MLV) Supporting the erection of monuments                                         
in Alaska, Russia, and Canada to commemorate the World War II                                       
lend-lease program between the United States and the Union of Soviet                                
Socialist Republics. Signing to calendar: Senator Pearce, Chair,                                    
Senators Cowdery, Phillips, Therriault, Ellis.                                                      
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 16                                                                                            
SENATE CONCURRENT RESOLUTION NO. 16 BY THE                                                          
SENATE JUDICIARY COMMITTEE,                                                                         
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 16                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 106, relating to the                                            
          authorizations for certain state financial institutions                                   
          of certain powers and limitations, relating to                                            
          confidential records of depositors and customers of                                       
          certain financial institutions, relating to the                                           
          examination of certain institutions subject to AS 06,                                     
          relating to the Alaska Banking Code, Mutual Savings                                       
          Bank Act, Alaska Small Loans Act, and Alaska                                              
          Credit Union Act, and amending Rule 45, Alaska                                            
          Rules of Civil Procedure, Rules 17 and 37, Alaska                                         
          Rules of Criminal Procedure, and Rule 24, Alaska                                          
          Bar Rules.                                                                                
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1435
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 219                                                                                            
SENATE BILL NO. 219 BY SENATOR HALFORD, entitled:                                                   
                                                                                                    
            "An Act establishing and relating to the Joint Federal                                 
              and State Navigable Waters Commission for Alaska;                                    
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 220                                                                                            
SENATE BILL NO. 220 BY SENATOR GREEN, entitled:                                                     
                                                                                                    
             "An Act relating to the scope of practice authorized                                  
          under a license to practice hairdressing."                                                
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
SB 221                                                                                            
SENATE BILL NO. 221 BY SENATOR TAYLOR, entitled:                                                    
                                                                                                    
          "An Act establishing the Alaska Liquefied Natural                                         
          Gas Development Authority, a public corporation,                                          
          and providing for its structure, management,                                              
          responsibilities, and operation."                                                         
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 48                                                                                             
CS FOR HOUSE BILL NO. 48(RES) "An Act eliminating a                                                 
requirement that a social security number be provided by an applicant                               

2001-05-02                     Senate Journal                      Page 1436
for certain hunting or sport fishing licenses, tags, and permits;                                   
eliminating a requirement that applications for certain licenses and                                
tags be sworn to by the applicants before an officer authorized to                                  
administer oaths; and providing for an effective date" was read the                                 
second time.                                                                                        
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 48(RES) was read the third time.                                              
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 48(RES) "An                                        
Act eliminating a requirement that a social security number be                                      
provided by an applicant for certain hunting or sport fishing licenses,                             
tags, and permits; eliminating a requirement that applications for                                  
certain licenses and tags be sworn to by the applicants before an                                   
officer authorized to administer oaths; and providing for an effective                              
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSHB 48(RES)                                                                                        
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Davis, Donley, Ellis, Elton, Green, Halford,                                      
Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor,                                    
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Absent:  Cowdery                                                                                    
                                                                                                    
and so, CS FOR HOUSE BILL NO. 48(RES) passed the Senate.                                            
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was signed by                             
the President and Secretary and returned to the House.                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1437
HB 110                                                                                            
CS FOR HOUSE BILL NO. 110(JUD)"An Act relating to driver's                                          
licenses and instructional permits; and providing for an effective date"                            
was read the second time.                                                                           
                                                                                                    
Senators Therriault, Halford, Taylor, Ward, Green, Leman, Wilken,                                   
Cowdery, Ellis, Phillips moved and asked unanimous consent to be                                    
shown as cross sponsors on the bill. Without objection, it was so                                   
ordered.                                                                                            
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 110(JUD) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 110(JUD)"An                                        
Act relating to driver's licenses and instructional permits; and                                    
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSHB 110(JUD)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, CS FOR HOUSE BILL NO. 110(JUD) passed the Senate.                                           
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was signed by                             
the President and Secretary and returned to the House.                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1438
HB 194                                                                                            
CS FOR HOUSE BILL NO. 194(FIN) "An Act relating to fees for                                         
commercial fishing licenses and permits; and providing for an                                       
effective date" was read the second time.                                                           
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Without                                      
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 194 (FIN) was read the third time.                                            
                                                                                                    
Senators Leman, Lincoln, Hoffman moved and asked unanimous                                          
consent to be allowed to abstain from voting due to a conflict of                                   
interest. Objections were heard and Senators Leman, Lincoln,                                        
Hoffman were required to vote.                                                                      
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 194(FIN) "An                                       
Act relating to fees for commercial fishing licenses and permits; and                               
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSHB 194(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Ward, Wilken                                                                    
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
and so, CS FOR HOUSE BILL NO. 194(FIN) passed the Senate.                                           
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clauses. Without objection, it was so ordered and the bill was signed                               
by the President and Secretary and returned to the House.                                           
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1439
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 83                                                                                             
CS FOR SENATE BILL NO. 83(FIN) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 83(FIN) am                                        
"An Act relating to construction of highways by the Department of                                   
Transportation and Public Facilities and to contracts for the                                       
construction of highways" pass the Senate?" The roll was taken with                                 
the following result:                                                                               
                                                                                                    
CSSB 83(FIN) am                                                                                     
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Ward, Wilken                                                  
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
Donley changed from "Nay" to "Yea".                                                                 
                                                                                                    
and so, CS FOR SENATE BILL NO. 83(FIN) am passed the Senate.                                        
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 149                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S "An                                               
Act expressing legislative intent regarding correctional facility space;                            
relating to correctional facility space; authorizing the Department of                              
Corrections to enter into an agreement to lease facilities for the                                  
confinement and care of prisoners within the Kenai Peninsula                                        
Borough; and providing for an effective date" was read the third time.                              
                                                                                                    
Senator Olson moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 3.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    

2001-05-02                     Senate Journal                      Page 1440
Senators Olson, Lincoln, Hoffman, Ward offered Amendment No. 3 :                                     
                                                                                                    
Page 3, line 12, following "state":                                                                 
 Insert  ";                                                                                         
      (4) the commissioner may not enter into the lease unless the                                  
contract between the Kenai Peninsula Borough and the operator                                       
requires the operator to provide culturally relevant counseling services                            
to incarcerated Alaska Natives"                                                                     
                                                                                                    
Senator Olson moved for the adoption of Amendment No. 3. Senator                                    
Phillips objected.                                                                                  
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 149(FIN)am S                                                                               
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Taylor, Therriault,                                
Ward, Wilken                                                                                        
                                                                                                    
Nays:  Kelly, Phillips                                                                              
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    
and so, Amendment No. 3 was adopted.                                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 149(FIN) am S was                                               
automatically in third reading.                                                                     
                                                                                                    
Senator Ward moved and asked unanimous consent to be allowed to                                     
abstain from voting due to a conflict of interest. Objections were heard                            
and Senator Ward was required to vote.                                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1441
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 149(FIN) am S "An Act expressing legislative intent regarding                                   
correctional facility space; relating to correctional facility space;                               
authorizing the Department of Corrections to enter into an agreement                                
to lease facilities for the confinement and care of prisoners within the                            
Kenai Peninsula Borough; and providing for an effective date" pass                                  
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
SCS CSHB 149(FIN) am S                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Lincoln, Pearce, Taylor, Ward, Wilken                                                               
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Olson, Phillips, Therriault,                                   
Torgerson                                                                                           
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 149 (FIN) am                                            
S passed the Senate.                                                                                
                                                                                                    
Senator Leman moved for the adoption of the effective date clause.                                  
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 149(FIN) am S                                                                              
Effective Date Clause                                                                               
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Taylor,                                     
Therriault, Ward, Wilken                                                                            
                                                                                                    
Nays:  Phillips, Torgerson                                                                          
                                                                                                    
and so, the effective date clause was adopted.                                                      
                                                                                                    
Senator Ward moved and asked unanimous consent to be shown as a                                     
cross sponsor on the bill. Without objection, it was so ordered.                                    
                                                                                                    
Senator Phillips gave notice of reconsideration.                                                    

2001-05-02                     Senate Journal                      Page 1442
                     Second Reading of House Resolutions                                         
                                                                                                    
HJR 26                                                                                            
HOUSE JOINT RESOLUTION NO. 26 Requesting the National                                               
Marine Fisheries Service to relocate the Alaska Fisheries Science                                   
Center Steller sea lion research team to Alaska, was read the second                                
time.                                                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
resolution be advanced to third reading and placed on final passage.                                
Without objection, it was so ordered.                                                               
                                                                                                    
HOUSE JOINT RESOLUTION NO. 26 was read the third time.                                              
                                                                                                    
The question being: "Shall HOUSE JOINT RESOLUTION NO. 26                                            
Requesting the National Marine Fisheries Service to relocate the                                    
Alaska Fisheries Science Center Steller sea lion research team to                                   
Alaska, pass the Senate?" The roll was taken with the following result:                             
                                                                                                    
HJR 26                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, HOUSE JOINT RESOLUTION NO. 26 passed the Senate,                                            
was signed by the President and Secretary and returned to the House.                                
                                                                                                    
HJR 27                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 27(MLV) Supporting                                                
the erection of monuments in Alaska, Russia, and Canada to                                          
commemorate the World War II lend-lease program between the                                         
United States and the Union of Soviet Socialist Republics, was read                                 
the second time.                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1443
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Senate Committee Substitute offered on                                
page 1398. Without objection, SENATE CS FOR CS FOR HOUSE                                            
JOINT RESOLUTION NO. 27(STA) was adopted and was 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.                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 27                                                  
(STA) was read the third time.                                                                      
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE                                               
JOINT RESOLUTION NO. 27(STA) Supporting the erection of                                             
monuments in Alaska, Russia, and Canada to commemorate the World                                    
War II lend-lease program between the United States and the Union of                                
Soviet Socialist Republics, pass the Senate?" The roll was taken with                               
the following result:                                                                               
                                                                                                    
SCS CSHJR 27(STA)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                                                 
NO. 27(STA) passed the Senate and was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                     Third Reading of Senate Resolutions                                         
                                                                                                    
SJR 24                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 24(RLS) Proposing                                                
amendments to the Constitution of the State of Alaska relating to the                               
budget reserve fund, was read the third time.                                                       
                                                                                                    

2001-05-02                     Senate Journal                      Page 1444
Senator Leman moved and asked unanimous consent that CS FOR                                         
SENATE JOINT RESOLUTION NO. 24(RLS) be held in third                                                
reading to the May 3 calendar. Without objection, it was so ordered.                                
                                                                                                    
                                  Citations                                                      
                                                                                                    
Commemorating - Juneteenth 2001                                                                     
Senator(s) Davis, Phillips, Halford, Wilken, Ellis, Pearce, Kelly,                                  
Taylor, Leman, Austerman, Lincoln, Elton, Ward, Hoffman                                             
                                                                                                    
Honoring - Carl Rose, Executive Director, Association of Alaska                                     
School Boards                                                                                       
Senator(s) Davis, Halford, Wilken, Ellis, Pearce, Green, Kelly, Taylor,                             
Leman, Austerman, Lincoln, Elton, Hoffman                                                           
                                                                                                    
Honoring - Midnight Sun Learning Center                                                             
Representative(s) Kohring                                                                           
Senator(s) Green, Halford, Wilken, Pearce, Donley, Kelly, Taylor,                                   
Leman, Austerman, Lincoln, Davis, Elton, Hoffman                                                    
                                                                                                    
Honoring - Sarah Maas, Special Olympian                                                             
Representative(s) McGuire                                                                           
Senator(s) Cowdery, Halford, Wilken, Ellis, Pearce, Donley, Green,                                  
Kelly, Taylor, Leman, Austerman, Lincoln, Davis, Elton, Hoffman                                     
                                                                                                    
Honoring - Principal Dave Combs, Upon His Retirement                                                
Representative(s) Mulder                                                                            
Senator(s) Phillips, Halford, Wilken, Ellis, Pearce, Donley, Green,                                 
Kelly, Taylor, Leman, Austerman, Lincoln, Davis, Elton, Hoffman                                     
                                                                                                    
Honoring - Mike Dingman                                                                             
Representative(s) Meyer                                                                             
Senator(s) Donley, Halford, Wilken, Pearce, Kelly, Taylor, Leman,                                   
Austerman, Lincoln, Davis, Elton, Hoffman                                                           
                                                                                                    
In Memoriam - Jay Dee Williams                                                                      
Senator(s) Halford, Wilken, Pearce, Donley, Green, Kelly, Taylor,                                   
Leman, Austerman, Lincoln, Davis, Elton, Hoffman                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1445
In Memoriam - Jeff Childs                                                                           
Representative(s) Mulder                                                                            
Senator(s) Phillips, Halford, Wilken, Pearce, Donley, Green, Kelly,                                 
Taylor, Leman, Austerman, Lincoln, Davis, Elton, Hoffman                                            
                                                                                                    
In Memoriam - George Ahgupuk                                                                        
Representative(s) Croft, Joule                                                                      
Senator(s) Olson, Halford, Wilken, Pearce, Donley, Green, Kelly,                                    
Taylor, Leman, Austerman, Lincoln, Davis, Elton, Hoffman                                            
                                                                                                    
Senator Leman moved and asked unanimous consent that the citations                                  
be adopted. Without objection, the citations were adopted and referred                              
to the Secretary for transmittal.                                                                   
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HCR 10                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 10 was read the second                                              
time and was before the Senate on final passage.                                                    
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 10 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning Senate Bill No. 19,                                     
relating to certain federal child support enforcement requirements, so                              
that the phrase "relating to child support payments" may be added to                                
the bill's title, pass the Senate?" The roll was taken with the following                           
result:                                                                                             
                                                                                                    
HCR 10                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Pearce, Phillips, Taylor,                                  
Ward, Wilken                                                                                        
                                                                                                    
Absent:  Olson, Therriault, Torgerson                                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1446
and so, HOUSE CONCURRENT RESOLUTION NO. 10 passed the                                               
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    
SB 19                                                                                             
Message dated May 2, stating the House passed and returned for                                      
consideration CS FOR SENATE BILL NO. 19(HES) with the                                               
following amendment:                                                                                
                                                                                                    
              HOUSE  CS  FOR  CS  FOR SENATE                                                        
              BILL NO.19(HES) CHILD SUPPORT                                                         
              ENFORCEMENT/SOC SEC. #                                                                
                                                                                                    
which had been read (page 1428), was before the Senate.                                             
                                                                                                    
Senator Leman moved that the Senate concur in the House                                             
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 19(HES)                                                                                    
Shall the Senate concur in the House                                                                
Amendment to CSSB 19(HES)?                                                                          
Effective Dates                                                                                     
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Taylor,                                     
Ward, Wilken                                                                                        
                                                                                                    
Nays:  Phillips                                                                                     
                                                                                                    
Absent:  Therriault, Torgerson                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1447
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 19(HES) "An Act                                                 
relating to federal child support enforcement requirements regarding                                
social security number information, employer reports about                                          
employees, and certain kinds of automated data matching with                                        
financial institutions; relating to child support payments; repealing the                           
termination date of changes made by ch. 87, SLA 1997, and ch. 132,                                  
SLA 1998, regarding child support enforcement and related programs;                                 
repealing the nonseverability provision of ch. 132, SLA 1998;                                       
repealing uncodified laws relating to ch. 87, SLA 1997, and ch. 132,                                
SLA 1998; and providing for an effective date."                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clauses. Without objection, it was so ordered.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 176                                                                                            
Senator Taylor requested that the reconsideration on CS FOR                                         
SENATE BILL NO. 176(L&C)(title am) "An Act prohibiting certain                                      
coercive activity by distributors; relating to certain required distributor                         
payments and purchases; prohibiting distributors from requiring                                     
certain contract terms as a condition for certain acts related to                                   
distributorship and ancillary agreements; allowing dealers to bring                                 
certain court actions against distributors for certain relief; and                                  
exempting from the provisions of the Act franchises regulated by the                                
federal Petroleum Marketing Practices Act, situations regulated by the                              
Alaska gasoline products leasing act, and distributorship agreements                                
relating to motor vehicles required to be registered under AS 28.10" be                             
taken up. The bill was before the Senate on reconsideration.                                        
                                                                                                    
Senator Taylor moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 2.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    

2001-05-02                     Senate Journal                      Page 1448
Senator Taylor offered Amendment No. 2 :                                                             
                                                                                                    
Page 4, line 1, following "distributor;":                                                           
 Delete "or"                                                                                        
 Insert a new paragraph to read:                                                                    
 (4) a requirement that prohibits a firearms dealer from selling                                    
firearms or related accessories whose sale is otherwise legal, but                                  
which the firearms distributor does not manufacture or distribute; or"                              
                                                                                                    
Renumber following sections accordingly.                                                            
                                                                                                    
Senator Taylor moved for the adoption of Amendment No. 2. Without                                   
objection, Amendment No. 2 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL 176(L&C) am was automatically in third                                           
reading on reconsideration.                                                                         
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL                                          
176(L&C) am "An Act prohibiting certain coercive activity by                                        
distributors; relating to certain required distributor payments and                                 
purchases; prohibiting distributors from requiring certain contract                                 
terms as a condition for certain acts related to distributorship and                                
ancillary agreements; allowing dealers to bring certain court actions                               
against distributors for certain relief; and exempting from the                                     
provisions of the Act franchises regulated by the federal Petroleum                                 
Marketing Practices Act, situations regulated by the Alaska gasoline                                
products leasing act, and distributorship agreements relating to motor                              
vehicles required to be registered under AS 28.10" pass the Senate?"                                
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 176(L&C) am                                                                                    
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Ward                                                                            
                                                                                                    
Nays:  Wilken                                                                                       
                                                                                                    
Absent:  Torgerson                                                                                  
                                                                                                    

2001-05-02                     Senate Journal                      Page 1449
and so, CS FOR SENATE BILL NO. 176(L&C) am passed the Senate                                        
on reconsideration and was referred to the Secretary for engrossment.                               
                                                                                                    
HB 177                                                                                            
Senator Kelly, Cochair, moved and asked unanimous consent that the                                  
Finance Committee referral be waived on CS FOR HOUSE BILL NO.                                       
177(STA) "An Act placing certain special interest organizations within                              
the definition of 'group' for purposes of Alaska's campaign finance                                 
statutes; and requiring disclosure of the true source of campaign                                   
contributions." Without objection, the bill was referred to the Rules                               
Committee.                                                                                          
                                                                                                    
SB 29                                                                                             
The reconsideration on CS FOR SENATE BILL NO. 29(FIN) am(brf                                        
sup maj fld S) "An Act making and amending appropriations and                                       
reappropriations; and providing for an effective date" was not taken up                             
this legislative day and the bill was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
                                Announcements                                                    
                                                                                                    
HB 106                                                                                            
Senator Taylor, Chair, moved and asked unanimous consent that                                       
Uniform Rule 23 be waived on CS FOR HOUSE BILL NO.                                                  
106(L&C) am "An Act relating to the authorizations for certain state                                
financial institutions of certain powers and limitations; relating to                               
confidential records of depositors and customers of certain financial                               
institutions; relating to the examination of certain institutions subject                           
to AS 06; relating to the Alaska Banking Code, Mutual Savings Bank                                  
Act, Alaska Small Loans Act, and Alaska Credit Union Act; amending                                  
Rule 45, Alaska Rules of Civil Procedure, Rules 17 and 37, Alaska                                   
Rules of Criminal Procedure, and Rule 24, Alaska Bar Rules; and                                     
providing for an effective date" for the Judiciary Committee meeting                                
on May 2. Without objection, it was so ordered.                                                     
                                                                                                    
SB 210                                                                                            
Senator Taylor, Chair, moved and asked unanimous consent that                                       
Uniform Rule 23 be waived on SENATE BILL NO. 210 "An Act                                            
relating to the constitutional right to privacy" for the Judiciary                                  
Committee meeting on May 2. Without objection, it was so ordered.                                   
                                                                                                    

2001-05-02                     Senate Journal                      Page 1450
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 176                                                                                            
CS FOR SENATE BILL NO. 176(L&C) am "An Act prohibiting                                              
certain coercive activity by distributors; relating to certain required                             
distributor payments and purchases; prohibiting distributors from                                   
requiring certain contract terms as a condition for certain acts related                            
to distributorship and ancillary agreements; allowing dealers to bring                              
certain court actions against distributors for certain relief; and                                  
exempting from the provisions of the Act franchises regulated by the                                
federal Petroleum Marketing Practices Act, situations regulated by the                              
Alaska gasoline products leasing act, and distributorship agreements                                
relating to motor vehicles required to be registered under AS 28.10"                                
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
HJR 27                                                                                            
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
27(STA) Supporting the erection of monuments in Alaska, Russia, and                                 
Canada to commemorate the World War II lend-lease program                                           
between the United States and the Union of Soviet Socialist Republics,                              
was engrossed, signed by the President and Secretary and returned to                                
the House for consideration.                                                                        
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SB 82                                                                                             
CS FOR SENATE BILL NO. 82(STA) "An Act making corrective                                            
amendments to the Alaska Statutes as recommended by the revisor of                                  
statutes; and providing for an effective date" was enrolled, signed by                              
the President and Secretary, Speaker and Chief Clerk and the                                        
engrossed and enrolled copies transmitted to the Office of the                                      
Governor at 11:20 a.m., May 2, 2001.                                                                
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1451
SB 93                                                                                             
CS FOR SENATE BILL NO. 93(FIN) am H "An Act relating to the                                         
Arctic Winter Games Team Alaska trust; and providing for an                                         
effective date" was enrolled, signed by the President and Secretary,                                
Speaker and Chief Clerk and the engrossed and enrolled copies                                       
transmitted to the Office of the Governor at 11:20 a.m., May 2, 2001.                               
                                                                                                    
SB 121                                                                                            
CS FOR SENATE BILL NO. 121(RES) am H "An Act adding, for                                            
purposes of the Alaska Right-of-Way Leasing Act, a definition of                                    
'substantial change' as applied to an amended right-of-way lease                                    
application; and providing for an effective date" was enrolled, signed                              
by the President and Secretary, Speaker and Chief Clerk and the                                     
engrossed and enrolled copies transmitted to the Office of the                                      
Governor at 11:20 a.m., May 2, 2001.                                                                
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., May 3, 2001. Without                                         
objection, the Senate adjourned at 3:38 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2001                        

2001-05-02                     Senate Journal                      Page 1452
                                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                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 02        Wednesday                 Senate Finance 532            9:00 AM                     
+ SB 139 STATE WATER USE                                                                            
+ HB  76 NEW FACILITIES FOR API                                                                     
+ HB 242 TRS & PERS REEMPLOY & MED BENEFITS; COLA                                                   
+ HB 204 STUDENT LOANS/COMN. ON POSTSECONDARY ED.                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Wednesday                 Senate Finance 532            6:00 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 03        Thursday                  Senate Finance 532            9:00 AM                     
+ SB 169 HATE CRIMES: AUTOMATIC WAIVER OF MINORS                                                    
+= SB 186 LIMIT MUNICIPAL G.O.BOND DEBT                                                             
+= SJR 23 CONST AM: APPROPRIATION LIMIT                                                             
+ HB 177 CAMPAIGN FINANCE: GROUPS & DISCLOSURE                                                      
              <Above Item Waived from Committee>                                                    
+ HB  32 SEX CRIME AND PORNOGRAPHY FORFEITURES                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 03        Thursday                  Senate Finance 532            6:00 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1453
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 03        Thursday                        Butrovich 205           3:00 PM                     
              -- Time Change --                                                                     
     HB 234 TOBACCO SETTLEM'T:BONDS & SMOKING PROGRAM                                               
     HB 164 GRANDPARENTS' RIGHTS REGARDING CINA                                                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 02        Wednesday                             Beltz 211         5:00 PM                     
              -- Time Change --                                                                     
+ HB 187 VANDALISM OF CEMETERIES & GRAVES                                                           
+ HB 102 THEFT OF PROPELLED VEHICLES                                                                
+ HB 214 CIVIL ACTION AGAINST MINORS IN BARS                                                        
+ HB 210 STATUTE OF LIMITATIONS:SEXUAL ASSAULT                                                      
+ HB 106 FINANCIAL INSTITUTIONS                                                                     
              Uniform Rule 23 Waived                                                                
+= SB 210 LIMITS ON RIGHT TO PRIVACY                                                                
              Uniform Rule 23 Waived                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 04        Friday                                Beltz 211         1:30 PM                     
+ HB  49 EXTEND TERMINATION DATE FOR BD OF PAROLE                                                   
+ HB 121 CHARITABLE GIFT ANNUITIES                                                                  
+ HB 179 UNDERAGE DRINKING & DRUG OFFENSES                                                          
     SB 210 LIMITS ON RIGHT TO PRIVACY                                                              
              <Above Item Removed from Agenda>                                                      
+ HB 184 INSURANCE CODE AMENDMENTS                                                                  
+ HCR 17 SALE OF NATURAL GAS TO POWER DATA CENTERS                                                  
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 02        Wednesday                    Fahrenkamp 203             3:45 PM                     
              -- Time and Location Change --                                                        
+ SB 208 FARMED SALMON DISCLOSURES                                                                  
+ HB 181 COMMUNITY PROPERTY                                                                         
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1454
                                  RESOURCES                                                      
                                                                                                    
May 02        Wednesday                       Butrovich 205           3:30 PM                     
+             Governor's Confirmations:                                                             
              Board of Fisheries- Russell Nelson,                                                   
              Dr. John White                                                                        
              Commissioner DNR- Pat Pourchot                                                        
                                                                                                    
May 03        Thursday                        Butrovich 205           3:30 PM                     
+= HB 236 AIDEA BONDS FOR GAS PUBLIC UTILITIES                                                      
+= HB 244 RIGHT-OF-WAY TO DENALI BOR. FOR RR/UTIL.                                                  
+ HB 108 DEPT NATURAL RESOURCES RECORDING FEES                                                      
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
May 02        Wednesday                    Fahrenkamp 203           10:45 AM                      
     HB  48 NO SOC SEC. # REQ'D ON HUNT/FISH LICENSE                                                
     HB 110 SOCIAL SECURITY # & DRIVER'S LICENSES                                                   
     HB 194 ENTRY PERMIT FEES                                                                       
     HJR 26 STELLER SEA LION RESEARCH TEAM TO ALASKA                                                
     HJR 27 WWII ALASKA-USSR LEND-LEASE MONUMENTS                                                   
     SB 174 EDUCATION FUNDING                                                                       
                                                                                                    
May 03        Thursday                     Fahrenkamp 203                                         
              -- Upon Recess --                                                                     
= SB 174 EDUCATION FUNDING                                                                          
     SCR 14 JOINT COMMITTEE ON NATURAL GAS PIPELINES                                                
     SJR 23 CONST AM: APPROPRIATION LIMIT                                                           
              <Pending Referral>                                                                    
     HB 177 CAMPAIGN FINANCE: GROUPS & DISCLOSURE                                                   
     HB 200 DRUNK DRIVING VICTIMS REMEMBRANCE DAY                                                   
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-02                     Senate Journal                      Page 1455
                                STATE AFFAIRS                                                    
                                                                                                    
May 02        Wednesday                    Fahrenkamp 203             5:00 PM                     
              -- Time and Location Change --                                                        
              Confirmation Hearings:                                                                
              Commissioner Administration- Jim Duncan                                               
              Commissioner Public Safety- Glenn Godfrey                                             
              Human Rights- Judge Roy Harding Madsen, Martha Gore                                   
              Alaska Public Offices Commission- John Dapcevich,                                     
              Mark T. Handley                                                                       
              Army National Guard Brigadier General-Colonel Craig Noel                              
              Christensen                                                                           
                                                                                                    
May 03        Thursday                              Beltz 211         3:30 PM                     
     HB  96 ACQUIRING JESSE LEE HOME                                                                
     HB 189 REPEAL TERM LIMITS/TERM LIMITS PLEDGES                                                  
     HB 228 SALE OF TOBACCO PRODUCTS                                                                
     HJR 23 MAINTAIN ELECTORAL COLLEGE SYSTEM                                                       
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
May 02        Wednesday                             Beltz 211         3:45 PM                     
              -- Time and Location Change --                                                        
     HB 191 FINANCING FOR TRANSPORTATION PROJECTS                                                   
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                   CONFERENCE COMMITTEES ON HB 103 & HB 104                                      
                                                                                                    
May 02        Wednesday                 Senate Finance 532            3:00 PM                     
              -- Meeting Postponed to 5/3/01 --                                                     
= HB 103 APPROP: OPERATING BUDGET                                                                   
= HB 104 APPROP:  MENTAL HEALTH BUDGET                                                              
              Depts to be Announced                                                                 
                                                                                                    
May 03        Thursday                  Senate Finance 532            3:00 PM                     
              -- Rescheduled from 5/2/01 --                                                         
= HB 103 APPROP: OPERATING BUDGET                                                                   
= HB 104 APPROP:  MENTAL HEALTH BUDGET                                                              
              Depts to be Announced                                                                 
                   ----------------------------------------                                        
                                                                                                    

2001-05-02                     Senate Journal                      Page 1456
                                OTHER MEETINGS                                                   
                                                                                                    
                             FISCAL POLICY CAUCUS                                                
                                                                                                    
May 02        Wednesday                  House Finance 519            8:00 AM                     
              Alaskans United