Legislature(2001 - 2002)

2001-05-03 Senate Journal

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2001-05-03                     Senate Journal                      Page 1457
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                    Thursday                        May 3, 2001                     
                                                                                                    
                          One Hundred Sixteenth Day                                              
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 1:26 p.m.                                                                                
                                                                                                    
The roll showed seventeen members present. Senators Kelly, Pearce,                                  
Therriault were absent.                                                                             
                                                                                                    
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.                            
                                                                                                    
          Our Father and Our God, We praise You for Your                                            
          Goodness to our nation, giving us blessings far                                           
          beyond what we deserve.                                                                   
                                                                                                    
          Yet we know all is not right with America. We                                             
          deeply need a moral and spiritual renewal to help us                                      
          meet the many problems we face.                                                           
                                                                                                    
          Convict us of sin. Help us to turn to You in                                              
          repentance and faith. Set our feet on the path of Your                                    
          righteousness and peace.                                                                  
                                                                                                    
          We pray today for our nation's leaders. Give them the                                     
          wisdom to know what is right and the courage to do                                        
          it. You have said, "Blessed is the nation whose God                                       
          is the LORD." May this be a new era for America, as                                       
          we humble ourselves and acknowledge You alone as                                          
          our Savior and Lord. We pray this in Your holy                                            
       name.                                  Amen. (Dr. Billy Graham)                             
                                                                                                    
Senator Torgerson led the Senate in the Pledge of Allegiance.                                       
                                                                                                    

2001-05-03                     Senate Journal                      Page 1458
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the one hundred fifteenth legislative day be approved as certified                              
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
The presence of Senator Kelly was noted.                                                            
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated May 2 was read, stating:                                                               
                                                                                                    
In accordance with AS 39.05.080, the Senate State Affairs Committee                                 
reviewed the qualifications of the following and recommends the                                     
appointments be forwarded to a joint session for consideration:                                     
                                                                                                    
Commissioners                                                                                     
 Jim Duncan - Juneau                                                                                
 Commissioner, Department of Administration                                                         
 Appointed: 08/25/00                                                                                
                                                                                                    
 Glenn Godfrey - Juneau                                                                             
 Commissioner, Department of Public Safety                                                          
 Appointed: 08/23/00                                                                                
                                                                                                    
Alaska Army National Guard - Brigadier General                                                    
 Colonel Craig Noal Christensen - Fort Richardson                                                   
                                                                                                    
Alaska Public Offices Commission                                                                  
 John Dapcevich - Juneau                                                                            
 Appointed: 01/16/01 Expires: 02/01/02                                                              
 Mark T. Handley - Juneau                                                                           
 Appointed: 05/24/00 Expires: 02/01/05                                                              
                                                                                                    
State Commission for Human Rights                                                                 
 Judge Roy Harding Madsen (ret.) - Kodiak                                                           
 Appointed: 11/21/00 Expires: 01/31/03                                                              
 Martha Gore - Anchorage                                                                            
 Appointed: 05/15/96 Reappointed: 03/27/01 Expires: 03/01/06                                        

2001-05-03                     Senate Journal                      Page 1459
There were no stated objections to the named individuals. However,                                  
this does not reflect an intent by any of the members to vote for or                                
against the appointment during any further sessions.                                                
                                                                                                    
Signing the report: Senator Therriault, Chair, Senators Pearce, Davis,                              
Phillips.                                                                                           
                                                                                                    
SB 208                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
208 "An Act relating to the labeling of, the advertising of, and the                                
disclosure of certain information about halibut, salmon, halibut                                    
products, and salmon products" and recommended it be replaced with                                  
                                                                                                    
          CS FOR SENATE BILL NO. 208(L&C)                                                           
                                                                                                    
Signing do pass: Senator Phillips, Chair, Senators Davis, Austerman,                                
Leman. Signing no recommendation: Senator Torgerson.                                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Environmental                                               
  Conservation                                                                                      
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 210                                                                                            
The Judiciary Committee considered SENATE BILL NO. 210 "An                                          
Act relating to the constitutional right to privacy" and recommended it                             
be replaced with                                                                                    
                                                                                                    
          CS FOR SENATE BILL NO. 210(JUD)                                                           
                                                                                                    
Signing do pass: Senator Taylor, Chair. Signing no recommendation:                                  
Senators Cowdery, Therriault.                                                                       
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1460
HB 65                                                                                             
The Health, Education and Social Services Committee considered CS                                   
FOR HOUSE BILL NO. 65(HES) "An Act relating to a new optional                                       
group of persons eligible for medical assistance who require treatment                              
for breast or cervical cancer; and providing for an effective date" and                             
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          65(HES)                                                                                   
                                                                                                    
Signing no recommendation: Senator Green, Chair, Senators Wilken,                                   
Leman. Signing amend: Senator Davis.                                                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 102                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
102(JUD) "An Act relating to the theft of propelled vehicles." Signing                              
do pass: Senator Taylor, Chair, Senator Cowdery. Signing no                                         
recommendation: Senator Therriault.                                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, indeterminate, Department of Corrections                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 152                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 152(RLS) "An Act relating to brewpub licenses; and                                         
providing for an effective date." Signing no recommendation: Senator                                
Phillips, Chair, Senators Austerman, Leman, Torgerson. Signing do                                   
pass: Senator Davis.                                                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    

2001-05-03                     Senate Journal                      Page 1461
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 181                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 181(JUD) "An Act relating to the obligations of spouses, to                                
insurance policies of spouses, to the nonprobate transfer of property on                            
death to a community property trust, to the division of the community                               
property of spouses at death, and to the Alaska Community Property                                  
Act; amending Rule 301, Alaska Rules of Evidence; and providing for                                 
an effective date." Signing no recommendation: Senator Phillips,                                    
Chair, Senator Austerman. Signing do pass: Senators Davis, Leman.                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 187                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
187(JUD) "An Act relating to the destruction, desecration, and                                      
vandalism of cemeteries and graves." Signing do pass: Senator Taylor,                               
Chair, Senators Cowdery, Therriault.                                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Alaska Court System                                                       
 Fiscal Note No. 3, indeterminate, Department of Administration                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
The presence of Senators Pearce, Therriault was noted.                                              
                                                                                                    
HB 210                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
210(JUD) am "An Act relating to sexual assault and sexual abuse of a                                
minor." Signing do pass: Senator Taylor, Chair, Senator Cowdery.                                    
Signing no recommendation: Senator Therriault.                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1462
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Administration                                     
 Fiscal Note No. 2, zero, Alaska Court System                                                       
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
President Halford added a Finance Committee referral to the bill.                                   
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 214                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
214(L&C) "An Act relating to a civil action against a person under 21                               
years of age who enters premises where alcohol is sold or consumed."                                
Signing do pass: Senator Taylor, Chair, Senators Cowdery, Therriault.                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SJR 23                                                                                            
The Finance Committee considered SENATE JOINT RESOLUTION                                            
NO. 23 Proposing amendments to the Constitution of the State of                                     
Alaska relating to an appropriation limit and a spending limit, and                                 
recommended it be replaced with                                                                     
                                                                                                    
                      CS FOR SENATE JOINT RESOLUTION NO.                                           
          23(FIN)                                                                                   
                                                                                                    
Signing do pass: Senator Donley, Cochair, Senators Green, Leman,                                    
Ward. Signing no recommendation: Senator Kelly, Cochair, Senators                                   
Austerman, Wilken. Signing do not pass: Senators Hoffman, Olson.                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Office of the Governor                                                          
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1463
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to a call of the Chair. Without objection, the Senate                               
recessed at 1:37 p.m.                                                                               
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 4:38 p.m.                                                                  
                                                                                                    
                                                                                                    
                    Standing Committee Reports (continued)                                       
                                                                                                    
SB 174                                                                                            
The Rules Committee considered SENATE BILL NO. 174 "An Act                                          
relating to education funding; and providing for an effective date" and                             
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 174(RLS) "An Act                                                   
          establishing a base student allocation for purposes of                                    
          determining education funding in the amount of                                            
          $4,010; providing that only 50 percent of the annual                                      
          increase in assessed value may be included for                                            
          purposes of calculating the required contribution to                                      
          education from a city or borough school district;                                         
          providing that a community with at least 101 students                                     
          but not more than 425 students in average daily                                           
          membership is counted as one elementary and one                                           
          secondary school, and that, in a community with                                           
          more than 425 students in average daily membership,                                       
          each facility administered as a separate school,                                          
          except certain alternative schools, is counted as a                                       
          school; and providing for an effective date."                                             
                                                                                                    
Signing to calendar: Senator Pearce, Chair, Senator Cowdery. Signing                                
amend: Senator Ellis. Signing no recommendation: Senators Phillips,                                 
Therriault.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1464
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Education and Early                                               
  Development                                                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 177                                                                                            
The Rules Committee considered 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" and recommended it be replaced with                                                  
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          177(RLS) "An Act regulating nongroup entities and                                         
          certain tax-exempt organizations under Alaska's                                           
          election campaign finance statutes; and requiring                                         
          disclosure of the true source of campaign                                                 
          contributions."                                                                           
                                                                                                    
Signing to calendar: Senator Pearce, Chair, Senators Phillips,                                      
Cowdery, Therriault. Signing do not pass: Senator Ellis.                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Administration                                                    
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 200                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
200(STA) "An Act establishing July 3 as Drunk Driving Victims                                       
Remembrance Day." Signing to calendar: Senator Pearce, Chair,                                       
Senators Cowdery, Phillips, Therriault, Ellis.                                                      
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1465
SJR 23                                                                                            
The Rules Committee considered SENATE JOINT RESOLUTION                                              
NO. 23 Proposing amendments to the Constitution of the State of                                     
Alaska relating to an appropriation limit and a spending limit. Signing                             
to calendar: Senator Pearce, Chair, Senators Therriault, Phillips,                                  
Cowdery. Signing do not pass: Senator Ellis.                                                        
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    
SCR 14                                                                                            
The Rules Committee considered SENATE CONCURRENT                                                    
RESOLUTION NO. 14 Establishing the Joint Committee on Natural                                       
Gas Pipelines. Signing to calendar and do pass: Senator Pearce, Chair,                              
Senators Therriault, Cowdery, Phillips.                                                             
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Senate Rules Committee                                                    
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 222                                                                                            
SENATE BILL NO. 222 BY SENATOR DONLEY, entitled:                                                    
                                                                                                    
             "An Act relating to certain motor vehicles that are                                   
          required to yield to following traffic."                                                  
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
SB 223                                                                                            
SENATE BILL NO. 223 BY SENATOR DONLEY, entitled:                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1466
          "An Act referencing the award of good time and                                            
          restricting release on mandatory parole for prisoners                                     
          serving certain sentences who fail to attain certain                                      
          minimum educational standards; relating to eligibility                                    
          for a permanent fund dividend for persons convicted                                       
          of and incarcerated for certain offenses; and                                             
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 224                                                                                            
SENATE BILL NO. 224 BY SENATOR DAVIS, entitled:                                                     
                                                                                                    
          "An Act increasing the state minimum wage; and                                            
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 174                                                                                            
SENATE BILL NO. 174 "An Act relating to education funding; and                                      
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Donley moved and asked unanimous consent for the adoption                                   
of the Rules Committee Substitute offered on page 1463. Without                                     
objection, CS FOR SENATE BILL NO. 174(RLS) "An Act                                                  
establishing a base student allocation for purposes of determining                                  
education funding in the amount of $4,010; providing that only 50                                   
percent of the annual increase in assessed value may be included for                                
purposes of calculating the required contribution to education from a                               
city or borough school district; providing that a community with at                                 
least 101 students but not more than 425 students in average daily                                  
membership is counted as one elementary and one secondary school,                                   
and that, in a community with more than 425 students in average daily                               

2001-05-03                     Senate Journal                      Page 1467
membership, each facility administered as a separate school, except                                 
certain alternative schools, is counted as a school; and providing for an                           
effective date" was adopted and read the second time.                                               
                                                                                                    
Senators Hoffman, Davis, Ellis, Elton, Lincoln, Olson offered                                       
Amendment No. 1:                                                                                    
                                                                                                    
Page 2, line 26, insert new bill sections to read:                                                  
                                                                                                    
   "* Sec. 4. AS 14.17.490(a) is amended to read:                                                 
 (a) Except as provided in (b) and (c) [(b) - (e)] of this section, if,                         
in fiscal year 1999, a city or borough school district or a regional                                
educational attendance area would receive less public school funding                                
under AS 14.17.410 than the district or area would have received as                                 
state aid, the district or area is, in each fiscal year, eligible to receive                        
additional public school funding equal to the difference between the                                
public school funding the district or area was eligible to receive under                            
AS 14.17.410 in fiscal year 1999 and the state aid the district or area                             
would have received in fiscal year 1999.                                                            
                                                                                                    
   * Sec. 5. AS 14.17.490(d) and 14.17.490(e) are repealed."                                      
                                                                                                    
Renumber the remaining bill sections accordingly.                                                   
                                                                                                    
Senator Hoffman moved for the adoption of Amendment No. 1.                                          
Senator Donley objected.                                                                            
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 174(RLS)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       
                                                                                                    
and so, Amendment No. 1 failed.                                                                     

2001-05-03                     Senate Journal                      Page 1468
Senators Davis, Ellis, Elton, Hoffman, Lincoln, Olson offered                                       
Amendment No. 2:                                                                                    
                                                                                                    
Page 1, line 2:                                                                                     
 Delete "$4,010"                                                                                  
 Insert  "$4,091"                                                                                 
                                                                                                    
Page 2, line 1:                                                                                     
 Delete "$4,010"                                                                                
 Insert  "$4,091"                                                                               
                                                                                                    
Senator Davis moved for the adoption of Amendment No. 2. Senator                                    
Wilken objected.                                                                                    
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 174(RLS)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Leman moved and asked unanimous consent to                                         
withdraw his motion. Without objection, it was so ordered.                                          
                                                                                                    
CS FOR SENATE BILL NO. 174(RLS) will be on the May 4                                                
calendar.                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1469
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SCR 15                                                                                            
SENATE CONCURRENT RESOLUTION NO. 15, which had been                                                 
held on the Secretary's Desk (page 1402), was read the second time                                  
and was before the Senate on final passage.                                                         
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 15 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning House Bill No. 177,                                     
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, pass                             
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
SCR 15                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 15 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 177                                                                                            
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" was read the                               
second time.                                                                                        
                                                                                                    
Senator Pearce, Chair, moved and asked unanimous consent for the                                    
adoption of the Rules Senate Committee Substitute offered on page                                   
1464. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 177(RLS) "An Act regulating nongroup entities and certain tax-                                  

2001-05-03                     Senate Journal                      Page 1470
exempt organizations under Alaska's election campaign finance                                       
statutes; and requiring disclosure of the true source of campaign                                   
contributions" (title change authorized by SCR 15) was adopted and                                  
read the second time.                                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Senator Ellis objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 177(RLS)                                                                                   
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 177(RLS) will be on                                             
the May 4 calendar.                                                                                 
                                                                                                    
HB 200                                                                                            
CS FOR HOUSE BILL NO. 200(STA) "An Act establishing July 3 as                                       
Drunk Driving Victims Remembrance Day" 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. 200(STA) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 200(STA)                                           
"An Act establishing July 3 as Drunk Driving Victims Remembrance                                    
Day" pass the Senate?" The roll was taken with the following result:                                
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1471
                                                                                                    
CSHB 200(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, CS FOR HOUSE BILL NO. 200(STA) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SJR 23                                                                                            
SENATE JOINT RESOLUTION NO. 23 Proposing amendments to                                              
the Constitution of the State of Alaska relating to an appropriation                                
limit and a spending limit, was read the second time.                                               
                                                                                                    
Senator Donley, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 1462.                                  
Without objection, CS FOR SENATE JOINT RESOLUTION NO.                                               
23(FIN) was adopted and read the second time.                                                       
                                                                                                    
Senators Leman, Kelly moved and asked unanimous consent to be                                       
shown as cosponsors on the resolution. Without objection, it was so                                 
ordered.                                                                                            
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
resolution be considered engrossed, advanced to third reading and                                   
placed on final passage. Senator Ellis objected.                                                    
                                                                                                    
The question being: "Shall the resolution be advanced to third                                      
reading?" The roll was taken with the following result:                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1472
                                                                                                    
CSSJR 23(FIN)                                                                                       
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the resolution failed to advance to third reading.                                          
                                                                                                    
CS FOR SENATE JOINT RESOLUTION NO. 23(FIN) will be on the                                           
May 4 calendar.                                                                                     
                                                                                                    
                                                                                                    
                     Senate Resolutions in Third Reading                                         
                                                                                                    
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, which had been held in third reading (page 1444),                              
was before the Senate.                                                                              
                                                                                                    
Senator Leman moved and asked unanimous consent that CS FOR                                         
SENATE JOINT RESOLUTION NO. 24(RLS) be held in third                                                
reading to the May 4 calendar. Without objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SCR 14                                                                                            
SENATE CONCURRENT RESOLUTION NO. 14 was read the                                                    
second time and was before the Senate on final passage.                                             
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 14 Establishing the Joint Committee on Natural Gas Pipelines,                                   
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1473
                                                                                                    
SCR 14                                                                                              
Second 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 CONCURRENT RESOLUTION NO. 14 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Valdez Centennial                                                                        
Representative(s) Harris                                                                            
Senator(s) Lincoln, Halford, Pearce, Wilken, Hoffman, Ellis, Leman,                                 
Green, Elton, Austerman, Taylor, Kelly, Davis                                                       
                                                                                                    
Honoring - Valdez High Academic Decathlon Team, First in 3A                                         
            rd                                                                                      
Division, 3 in State                                                                                
Representative(s) Harris                                                                            
Senator(s) Lincoln, Halford, Pearce, Wilken, Hoffman, Ellis, Leman,                                 
Green, Elton, Austerman, Taylor, Kelly, Davis                                                       
                                                                                                    
In Memoriam - Clarence Lamay                                                                        
Senator(s) Phillips, Halford, Pearce, Wilken, Donley, Hoffman,                                      
Leman, Green, Elton, Austerman, Taylor, Kelly, Davis, Lincoln                                       
                                                                                                    
In Memoriam - Milton Leonard Daugherty                                                              
Senator(s) Phillips, Halford, Pearce, Wilken, Donley, Hoffman,                                      
Leman, Green, Elton, Austerman, Taylor, Kelly, Davis, Lincoln                                       
                                                                                                    
In Memoriam - Monsignor John A. Lunney                                                              
Representative(s) Mulder                                                                            
Senator(s) Phillips, Halford, Pearce, Wilken, Donley, Hoffman,                                      
Leman, Green, Elton, Austerman, Taylor, Kelly, Davis, Lincoln, Ward                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1474
In Memoriam - Walter O. Sinn                                                                        
Representative(s) Fate                                                                              
Senator(s) Halford, Pearce, Wilken, Hoffman, Leman, Green, Elton,                                   
Austerman, Taylor, Kelly, Davis, Lincoln, Ward                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the citations                                  
be adopted. Without objection, the citations were adopted and referred                              
to the Secretary for transmittal.                                                                   
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 260                                                                                            
President Halford made the following Committee referrals to CS FOR                                  
HOUSE BILL NO. 260(FIN) am CRUISE SHIP REGULATION &                                                 
FEES, which had been held on the Secretary's Desk (page 1426):                                      
                                                                                                    
The bill was referred to the Transportation, Resources and Finance                                  
Committees.                                                                                         
                                                                                                    
SB 83                                                                                             
The reconsideration on 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" was not taken up this legislative day and the                             
bill was referred to the Secretary for engrossment.                                                 
                                                                                                    
HB 149                                                                                            
The reconsideration on 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 not                               
taken up this legislative day and the bill was referred to the Secretary                            
for engrossment.                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1475
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 29                                                                                             
CS FOR SENATE BILL NO. 29(FIN) am(brf sup maj fld) "An Act                                          
making and amending appropriations and reappropriations; and                                        
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
SB 83                                                                                             
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"                                
was engrossed, signed by the President and Secretary and transmitted                                
to the House for consideration.                                                                     
                                                                                                    
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 engrossed, signed                                 
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
SCR 14                                                                                            
SENATE CONCURRENT RESOLUTION NO. 14 Establishing the                                                
Joint Committee on Natural Gas Pipelines, was engrossed, signed by                                  
the President and Secretary and transmitted to the House for                                        
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1476
SCR 15                                                                                            
SENATE CONCURRENT RESOLUTION NO. 15 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 177, 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, was engrossed, signed by the                                 
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., May 4, 2001. Without                                         
objection, the Senate adjourned at 5:59 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2001                        

2001-05-03                     Senate Journal                      Page 1477
                                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 04        Friday                    Senate Finance 532            9:00 AM                     
+ SB 218 INTERNATIONAL AIRPORTS:BONDS/CONSTR. FUND                                                  
+ HB 234 TOBACCO SETTLEM'T:BONDS & SMOKING PROGRAM                                                  
              <Pending Referral>                                                                    
+ HB 193 MODIFIED BLANKET PRIMARY ELECTION                                                          
+ HB 142 AK TEMP. ASSISTANCE PROGRAM AMENDMENTS                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 04        Friday                    Senate Finance 532            6:00 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 04        Friday                                Beltz 211         1:30 PM                     
+ HB  49 EXTEND TERMINATION DATE FOR BD OF PAROLE                                                   
+ HB 121 CHARITABLE GIFT ANNUITIES                                                                  
+ HB 184 INSURANCE CODE AMENDMENTS                                                                  
+ HCR 17 SALE OF NATURAL GAS TO POWER DATA CENTERS                                                  
+= HB 172 THERAPEUTIC DRUG AND ALCOHOL COURTS                                                       
+ SB 191 JOINT AVIATION INSURANCE ARRANGEMENTS                                                      
+ HB 120 DISCLOSURE OF CRIMINAL HISTORY RECORDS                                                     
+= HB 106 FINANCIAL INSTITUTIONS                                                                    
     SB 210 LIMITS ON RIGHT TO PRIVACY                                                              
              <Above Item Removed from Agenda>                                                      
     HB 179 UNDERAGE DRINKING & DRUG OFFENSES                                                       
              <Bill Postponed to 5/5/01>                                                            
+             Bills Previously Heard/Scheduled                                                      

2001-05-03                     Senate Journal                      Page 1478
                            JUDICIARY (continued)                                                
                                                                                                    
May 05        Saturday                              Beltz 211         1:30 PM                     
              -- Time Change --                                                                     
+ HB   4 MOTOR VEHICLES & DRUNK DRIVING                                                             
+ HB 132 ALCOHOL:LOCAL OPTION/DWI/LICENSING                                                         
+= HB 179 UNDERAGE DRINKING & DRUG OFFENSES                                                         
+= SB 177 DRIVING WHILE INTOXICATED:BAC LEVEL/FINES                                                 
+ HB 152 BREWPUB LICENSES                                                                           
+ HB 181 COMMUNITY PROPERTY                                                                         
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
May 04        Friday                       Fahrenkamp 203           10:45 AM                      
     SB 208 FARMED SALMON DISCLOSURES                                                               
     SB 210 LIMITS ON RIGHT TO PRIVACY                                                              
     SJR 28 LONG-TERM CARE INSURANCE                                                                
     HB 214 CIVIL ACTION AGAINST MINORS IN BARS                                                     
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
May 04        Friday                             Capitol 102          4:00 PM                     
+             Review Proposed Changes 4 AAC 62:                                                     
              Child Care Licensing Requirements                                                     
                   ----------------------------------------                                        
                                                                                                    
                   CONFERENCE COMMITTEES ON HB 103 & HB 104                                      
                                                                                                    
May 04        Friday                    Senate Finance 532            3:00 PM                     
= HB 103 APPROP: OPERATING BUDGET                                                                   
= HB 104 APPROP:  MENTAL HEALTH BUDGET                                                              
              Departments to be Announced                                                           
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-03                     Senate Journal                      Page 1479
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 04        Friday                     House Finance 519            9:00 AM                     
              Kotzebue and Barrow Office Space Approval                                             
              Briefing by Attorney General:                                                         
              Katie John v. U.S.