Legislature(2001 - 2002)
2001-05-07 Senate Journal
Full Journal pdf2001-05-07 Senate Journal Page 1615 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday May 7, 2001 One Hundred Twentieth Day Pursuant to adjournment the Senate was called to order by President Halford at 12:14 p.m. The roll showed seventeen members present. Senators Cowdery, Phillips, Taylor were absent. The prayer was offered by the Chaplain, Susannah Minatra. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, I thank You for this day. Lord God, I thank You that You are such an awesome God. You are so holy, so righteous, and worthy. Father I give You praise for this day and for the joy to be alive and to just serve You. Father, I pray that Your Holy Spirit would be upon this place, that You would glorify Yourself and exalt Yourself through each one of these Senators. Father, I pray that Your will would be done, that You would be pleased, that You would be delighted with what we do here. I just thank You that You are so worthy, and I give You praise in the name that is above every name, the name of the Lord Jesus Christ, I pray, Amen. Senator Wilken led the Senate in the Pledge of Allegiance. The presence of Senator Taylor was noted. The Senate observed a moment of silence in respect for the incident that occurred today at Mountain View Elementary School. 2001-05-07 Senate Journal Page 1616 Standing Committee Reports HB 32 The Finance Committee considered CS FOR HOUSE BILL NO. 32(JUD) am "An Act relating to the forfeiture of property used to possess or distribute child pornography, to commit indecent viewing or photography, to commit a sex offense, or to solicit the commission of, attempt to commit, or conspire to commit possession or distribution of child pornography, indecent viewing or photography, or a sexual offense" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 32(FIN) Signing no recommendation: Senator Donley, Cochair, Senators Green, Austerman, Wilken, Ward. Signing do pass: Senators Olson, Leman. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System Fiscal Note No. 2, zero, Department of Public Safety The bill was referred to the Rules Committee. HB 106 Forthcoming Judiciary Committee Substitute (page 1576) for SENATE CS FOR CS FOR HOUSE BILL NO. 106(JUD) "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; relating to credit cards; 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" (Title change authorized by SCR 16) was received today. 2001-05-07 Senate Journal Page 1617 HB 132 The Finance Committee considered CS FOR HOUSE BILL NO. 132(2d RLS)(efd am) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; relating to the offenses of operating a motor vehicle, aircraft, or watercraft while intoxicated and refusal to take a breath test; relating to implied consent to take a chemical test; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 132(FIN) with a House letter of Intent (House Journal page 1372). Signing do pass: Senator Kelly, Cochair, Senator Leman. Signing no recommendation: Senator Donley, Cochair, Senators Ward, Green, Austerman, Wilken, Olson. The following fiscal information was published today: Fiscal Note No. 13, Department of Corrections Fiscal Note No. 14, Department of Corrections Fiscal Note No. 15, Department of Health and Social Services Fiscal Note No. 16, Department of Health and Social Services Fiscal Note No. 17, Department of Law Fiscal Note No. 18, Alaska Court System Fiscal Note No. 19, Department of Administration Fiscal Note No. 20, Department of Administration The bill was referred to the Rules Committee. HB 172 The Finance Committee considered CS FOR HOUSE BILL NO. 172(FIN) am "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges" and recommended it be replaced with 2001-05-07 Senate Journal Page 1618 SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) Signing no recommendation: Senators Kelly, Donley, Cochairs, Senators Austerman, Wilken, Leman. Signing do pass: Senators Hoffman, Olson, Ward. The following fiscal information was published today: Fiscal Note No. 9, Alaska Court System Fiscal Note No. 10, zero, Senate Finance Committee The following previously published fiscal information applies: Fiscal Note No. 2, Department of Corrections Fiscal Note No. 5, Department of Health and Social Services Fiscal Note No. 8, House Finance Committee The bill was referred to the Rules Committee. HB 179 The Finance Committee considered CS FOR HOUSE BILL NO. 179(FIN) "An Act relating to underage drinking and drug offenses; and providing for an effective date." Signing no recommendation: Senators Donley, Kelly, Cochairs, Senators Green, Austerman, Hoffman, Olson, Ward. Signing do pass: Senator Wilken. Signing do pass, fiscal notes need work: Senator Leman. The following previously published fiscal information applies: Fiscal Note No. 2, indeterminate, Department of Corrections Fiscal Note No. 5, Department of Health and Social Services Fiscal Note No. 6, Department of Health and Social Services Fiscal Note No. 8, Department of Administration Fiscal Note No. 9, Alaska Court System Fiscal Note No. 10, Department of Health and Social Services Fiscal Note No. 11, Department of Law The bill was referred to the Rules Committee. HB 184 The Judiciary Committee considered CS FOR HOUSE BILL NO. 184(JUD) am "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date" and recommended it be replaced with 2001-05-07 Senate Journal Page 1619 SENATE CS FOR CS FOR HOUSE BILL NO. 184(JUD) "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senator Cowdery. Signing no recommendation: Senator Ellis. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Rules Committee. Special Committee Reports HB 103 The following report was received and distributed at 8:20 a.m., May 7: May 7, 2001 Mr. President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered: CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld S) and recommends CONFERENCE CS FOR HOUSE BILL NO. 103 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." 2001-05-07 Senate Journal Page 1620 be adopted. Signing the report: Senator Donley, Chair, Senators Kelly, Hoffman; Representative Mulder, Chair, Representatives Williams, Davies. The report was held on the Secretary's Desk. HB 104 The following report was received and distributed at 8:20 a.m., May 7: May 7, 2001 Mr. President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered: CS FOR HOUSE BILL NO. 104(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 104(FIN)(brf sup maj fld S) and recommends CONFERENCE CS FOR HOUSE BILL NO. 104 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." be adopted. Signing the report: Senator Donley, Chair, Senators Kelly, Hoffman; Representative Mulder, Chair, Representatives Williams, Davies. The report was held on the Secretary's Desk. The presence of Senator Cowdery was noted. 2001-05-07 Senate Journal Page 1621 Introduction and Reference of Senate Resolutions SCR 20 SENATE CONCURRENT RESOLUTION NO. 20 BY SENATOR WARD, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 234, relating to the tobacco use education and cessation fund and to smoking education and cessation programs; relating to funding the tobacco use education and cessation fund; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a tobacco litigation settlement; and authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors. was read the first time and held on the Secretary's Desk. Introduction and Reference of Senate Bills SB 226 SENATE BILL NO. 226 BY SENATORS DONLEY, Cowdery, Phillips, entitled: "An Act relating to the statewide transportation improvement program; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. 2001-05-07 Senate Journal Page 1622 Unfinished Business HB 185 Senator Kelly, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 185(FIN) "An Act relating to fees for certain uses of state water, other than fees for traveling upon state water, and to the accounting and appropriation of those fees; relating to authorizations for the temporary use of state water; making other amendments to the Alaska Water Use Act; and providing for an effective date." Without objection, the bill was referred to the Rules Committee. Recess Senator Leman moved and asked unanimous consent that the Senate stand in recess to 1:30 p.m. Without objection, the Senate recessed at 12:33 p.m. After Recess The Senate reconvened at 2:41 p.m. Senator Leman moved and asked unanimous consent to return to Standing Committee Reports. Without objection, the Senate returned to: Standing Committee Reports HB 4 Memo from Senator Taylor, Chair, Senate Judiciary Committee, regarding SENATE CS FOR CS FOR HOUSE BILL NO. 4(JUD) dated May 7 was read, stating: When the CS was requested by the Judiciary Committee, two amendments to CS FOR HOUSE BILL NO. 4(FIN) am "An Act relating to motor vehicles and to operating a motor vehicle, aircraft, or watercraft; and providing for an effective date" were inadvertently omitted. They are as follows: 1) Page 12, lines 8 -12: Delete Section 21 2001-05-07 Senate Journal Page 1623 2) Section 22 - Add language that says an ordinance adopted under this subsection may be more stringent or the same, but not less than the state standard. The memo stated these amendments were made and the corrected bill version was attached. The bill was referred to the Finance Committee. HB 198 The Finance Committee considered CS FOR HOUSE BILL NO. 198(RLS)(efd add) "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." Signing no recommendation: Senator Kelly, Cochair, Senators Green, Olson, Wilken. Signing do pass: Senators Austerman, Leman. The following fiscal information was published today: Fiscal Note No. 5, zero, Legislative Affairs Agency The following previously published fiscal information applies: Fiscal Note No. 2, zero, Office of the Governor Fiscal Note No. 4, Department of Administration The bill was referred to the Finance Committee. SB 186 The Rules Committee considered SENATE BILL NO. 186 "An Act establishing a limit on the general obligation debt that may be authorized and issued by home rule and general law municipalities; and providing for an effective date." Signing no recommendation: Senator Pearce, Chair. Signing to calendar: Senators Cowdery, Phillips, Therriault. Signing do not pass: Senator Ellis. The bill is on today's calendar. 2001-05-07 Senate Journal Page 1624 HB 49 The Rules Committee considered CS FOR HOUSE BILL NO. 49(FIN) "An Act extending the termination date of the Board of Parole; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Ellis. Signing no recommendation: Senator Therriault. The bill is on today's calendar. HB 71 The Rules Committee considered CS FOR HOUSE BILL NO. 71(FIN) am "An Act relating to the education of children with disabilities and of gifted children; relating to the Governor's Council on Disabilities and Special Education; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Ellis. Signing under other recommendations: Senator Therriault. The bill is on today's calendar. HB 76 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) "An Act providing for and relating to the issuance of certificates of participation to finance construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of and approving the entry into and the issuance of certificates of participation in a lease-purchase agreement for construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of the intent and approval to retain investment income from pertinent appropriations to be applied to the cost of construction of a new facility to be known as the Alaska Psychiatric Institute; relating to the construction of a facility to be known as the Alaska Psychiatric Institute; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senator Ellis. Signing under other recommendations: Senators Cowdery, Therriault. Signing no recommendation: Senator Phillips. The bill is on today's calendar. 2001-05-07 Senate Journal Page 1625 HB 90 The Rules Committee considered CS FOR HOUSE BILL NO. 90(FIN) "An Act relating to reimbursement of municipal bonds for school construction; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Ellis. Signing under other recommendations: Senator Therriault. The bill is on today's calendar. HB 102 The Rules Committee considered CS FOR HOUSE BILL NO. 102(JUD) "An Act relating to the theft of propelled vehicles." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips. Signing no recommendation: Senators Therriault, Ellis. The bill is on today's calendar. HB 108 The Rules Committee considered HOUSE BILL NO. 108 "An Act relating to the accounting for and appropriation of fees for recording and related services by the Department of Natural Resources; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Ellis. Signing no recommendation: Senators Phillips, Therriault. The bill is on today's calendar. HB 115 The Rules Committee considered CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date." Signing no recommendation: Senator Pearce, Chair. Signing to calendar: Senators Cowdery, Phillips. Signing under other recommendations: Senators Therriault, Ellis. The bill is on today's calendar. 2001-05-07 Senate Journal Page 1626 HB 167 The Rules Committee considered CS FOR HOUSE BILL NO. 167(STA) "An Act relating to license plates for Alaska National Guard personnel and for antique motor vehicles; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Therriault, Ellis. The bill is on today's calendar. HB 179 The Rules Committee considered CS FOR HOUSE BILL NO. 179(FIN) "An Act relating to underage drinking and drug offenses; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Therriault, Ellis. Signing no recommendation: Senator Phillips. The bill is on today's calendar. HB 181 The Rules 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 to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Therriault, Ellis. The bill is on today's calendar. HB 185 The Rules Committee considered CS FOR HOUSE BILL NO. 185(FIN) "An Act relating to fees for certain uses of state water, other than fees for traveling upon state water, and to the accounting and appropriation of those fees; relating to authorizations for the temporary use of state water; making other amendments to the Alaska Water Use Act; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Therriault. Signing under other recommendations: Senator Ellis. The bill is on today's calendar. 2001-05-07 Senate Journal Page 1627 HB 228 The Rules Committee considered CS FOR HOUSE BILL NO. 228(FIN) "An Act relating to the accounting of fees from business license endorsements for tobacco products, to the disclosure of certain confidential cigarette and tobacco product information, to notification regarding a cigarette manufacturer's noncompliance with the tobacco product Master Settlement Agreement, to business license endorsements for sale of tobacco products, to citations and penalties for illegal sales of tobacco products; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Therriault, Ellis. The bill is on today's calendar. HB 230 The Rules Committee considered HOUSE BILL NO. 230 "An Act relating to wage and hour protections for employees of the Alaska Railroad Corporation; and providing for an effective date." Signing, the Railroad should come to the Legislature for approval of major federally funded projects: Senator Pearce, Chair. Signing to calendar: Senators Cowdery, Phillips, Therriault. The bill is on today's calendar. HB 234 The Rules Committee considered CS FOR HOUSE BILL NO. 234(FIN) am "An Act relating to the tobacco use education and cessation fund and to smoking education and cessation programs; relating to funding the tobacco use education and cessation fund; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a tobacco litigation settlement; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senator Cowdery. Signing do not pass: Senator Phillips. 2001-05-07 Senate Journal Page 1628 Signing no recommendation: Senator Therriault. Signing amend: Senator Ellis. The following fiscal information was published today: Fiscal Note No. 2, Department of Revenue Fiscal Note No. 3, Department of Revenue Forthcoming Finance Senate Committee Substitute (page 1583) for CS FOR HOUSE BILL NO. 234(FIN) am was received today. The bill is on today's calendar. HB 250 The Rules Committee considered CS FOR HOUSE BILL NO. 250(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2002; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Therriault. Ellis. The bill is on today's calendar. Reconsideration of House Bills HB 101 Senator Leman requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 101(HES) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 101(HES) "An Act relating to charter schools; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 101(HES) Third Reading - On Reconsideration Effective Date YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Therriault, 2001-05-07 Senate Journal Page 1629 Torgerson, Ward, Wilken Absent: Hoffman, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 101(HES) passed the Senate on reconsideration. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 193 Senator Leman requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) "An Act relating to the primary election and to the nomination of candidates for the general election; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 193(FIN) Third Reading - On Reconsideration YEAS: 13 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Phillips, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Lincoln, Olson, Taylor Absent: Hoffman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) passed the Senate on reconsideration. Senator Leman moved the effective date clause. 2001-05-07 Senate Journal Page 1630 The question being: "Shall the effective date clause be adopted?" SCS CSHB 193(FIN) Effective Date Clause YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Hoffman and so, the effective date clause was adopted, and the bill was referred to the Secretary for engrossment. HJR 23 Senator Leman requested that the reconsideration on SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 23(STA) be taken up. The resolution was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 23(STA) Advocating the retention of the electoral college system in its present form, pass the Senate?" The roll was taken with the following result: SCS CSHJR 23(STA) Third Reading - On Reconsideration YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Lincoln Absent: Hoffman Olson changed from "Nay" to "Yea". and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 23(STA), passed the Senate on reconsideration and was referred to the Secretary for engrossment. 2001-05-07 Senate Journal Page 1631 HCR 17 Senator Leman requested that the reconsideration on SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 17(JUD) be taken up. The resolution was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 17(JUD) Expressing the legislature's support for sale of a portion of Alaska's North Slope natural gas for electrical generation to power data centers within the North Slope Borough, pass the Senate?" The roll was taken with the following result: SCS CSHCR 17(JUD) Third Reading - On Reconsideration YEAS: 14 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Kelly, Leman, Lincoln, Pearce, Phillips, Therriault, Torgerson, Wilken Nays: Green, Halford, Taylor, Ward Absent: Hoffman, Olson and so, SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 17(JUD) passed the Senate on reconsideration and was referred to the Secretary for engrossment. HB 242 Senator Ellis requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 242(FIN) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 242(FIN) "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of-living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-05-07 Senate Journal Page 1632 SCS CSHB 242(FIN) Third Reading - On Reconsideration Effective Dates YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Kelly, Leman, Lincoln, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Hoffman, Olson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 242(FIN) passed the Senate on reconsideration. 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 referred to the Secretary for engrossment. Consideration of the Calendar Second Reading of Senate Bills SB 186 SENATE BILL NO. 186 "An Act establishing a limit on the general obligation debt that may be authorized and issued by home rule and general law municipalities; and providing for an effective date" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1574. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 186(FIN) "An Act relating to municipal taxes on oil and gas production and pipeline property; establishing a limit on the general obligation debt that may be authorized and issued by home rule and general law municipalities; and providing for an effective date" was adopted and read the second time. 2001-05-07 Senate Journal Page 1633 Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: CSSB 186(FIN) Advance from Second to Third Reading? YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Lincoln, Olson Absent: Hoffman and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 186(FIN) will be on the May 8 calendar. Second Reading of House Bills HB 49 CS FOR HOUSE BILL NO. 49(FIN) "An Act extending the termination date of the Board of Parole; 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. 49(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 49(FIN) "An Act extending the termination date of the Board of Parole; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-05-07 Senate Journal Page 1634 CSHB 49(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Hoffman and so, CS FOR HOUSE BILL NO. 49(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 clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 71 CS FOR HOUSE BILL NO. 71(FIN) am "An Act relating to the education of children with disabilities and of gifted children; relating to the Governor's Council on Disabilities and Special Education; 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. 71(FIN) am was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 71(FIN) am "An Act relating to the education of children with disabilities and of gifted children; relating to the Governor's Council on Disabilities and Special Education; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-05-07 Senate Journal Page 1635 CSHB 71(FIN) am Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Hoffman and so, CS FOR HOUSE BILL NO. 71(FIN) am passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 76 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) "An Act providing for and relating to the issuance of certificates of participation to finance construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of and approving the entry into and the issuance of certificates of participation in a lease- purchase agreement for construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of the intent and approval to retain investment income from pertinent appropriations to be applied to the cost of construction of a new facility to be known as the Alaska Psychiatric Institute; relating to the construction of a facility to be known as the Alaska Psychiatric Institute; and providing for an effective date" was read the second time. Senator Donley, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1582. Without objection, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) was adopted and read the second time. 2001-05-07 Senate Journal Page 1636 Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) "An Act providing for and relating to the issuance of certificates of participation to finance construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of and approving the entry into and the issuance of certificates of participation in a lease-purchase agreement for construction of a new facility to be known as the Alaska Psychiatric Institute; giving notice of the intent and approval to retain investment income from pertinent appropriations to be applied to the cost of construction of a new facility to be known as the Alaska Psychiatric Institute; relating to the construction of a facility to be known as the Alaska Psychiatric Institute; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSSSHB 76(FIN) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Halford Absent: Hoffman and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(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 clause. Objections were heard. 2001-05-07 Senate Journal Page 1637 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSSSHB 76(FIN) Effective Date Clause 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 effective date clause was adopted. Senator Donley gave notice of reconsideration. HB 90 CS FOR HOUSE BILL NO. 90(FIN) "An Act relating to reimbursement of municipal bonds for school construction; 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. Senator Ellis objected. Senator Leman moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 90(FIN) will be on the May 8 calendar. HB 102 CS FOR HOUSE BILL NO. 102(JUD) "An Act relating to the theft of propelled vehicles" was read the second time. Senator Donley offered Amendment No. 1 : Page 1, line 11: Delete "$1,000" Insert "$500" Page 1, line 13: Delete "$1,000 [$500]" Insert "$500" 2001-05-07 Senate Journal Page 1638 Senator Donley moved for the adoption of Amendment No. 1. Senator Ellis objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 102(JUD) Second Reading Amendment No. 1 YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis Absent: Kelly and so, Amendment No. 1 was adopted. CS FOR HOUSE BILL NO. 102(JUD) am S "An Act relating to the theft of propelled vehicles" will be on the May 8 calendar. HB 108 HOUSE BILL NO. 108 "An Act relating to the accounting for and appropriation of fees for recording and related services by the Department of Natural Resources; 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. HOUSE BILL NO. 108 was read the third time. The question being: "Shall HOUSE BILL NO. 108 "An Act relating to the accounting for and appropriation of fees for recording and related services by the Department of Natural Resources; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-05-07 Senate Journal Page 1639 HB 108 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Cowdery Absent: Kelly and so, HOUSE BILL NO. 108 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. SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 was read the second time and was before the Senate on final passage. President Halford stated if there was no objection, SENATE CONCURRENT RESOLUTION NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 115, relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication, would be adopted. By unanimous consent, SENATE CONCURRENT RESOLUTION NO. 19 passed the Senate and was referred to the Secretary for engrossment. 2001-05-07 Senate Journal Page 1640 HB 115 CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date" was read the second time. Senator Green, Chair, moved and asked unanimous consent for the adoption of the Health, Education and Social Services Senate Committee Substitute offered on page 1528. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date" (Title change authorized by SCR 19) was adopted and read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 115(HES) was read the third time. Senators Halford, Taylor, Pearce, Lincoln moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-05-07 Senate Journal Page 1641 SCS CSHB 115(HES) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Ellis Absent: Kelly and so, SENATE CS FOR CS FOR HOUSE BILL NO. 115 (HES) passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 167 CS FOR HOUSE BILL NO. 167(STA) "An Act relating to license plates for Alaska National Guard personnel and for antique motor vehicles; and providing for an effective date" was read the second time. CS FOR HOUSE BILL NO. 167(STA) will be on the May 8 calendar. HB 179 CS FOR HOUSE BILL NO. 179(FIN) "An Act relating to underage drinking and drug offenses; 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. 179(FIN) was read the third time. 2001-05-07 Senate Journal Page 1642 The question being: "Shall CS FOR HOUSE BILL NO. 179(FIN) "An Act relating to underage drinking and drug offenses; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 179(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Ward, Wilken Absent: Hoffman, Torgerson and so, CS FOR HOUSE BILL NO. 179(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 clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 181 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" was read the second time. CS FOR HOUSE BILL NO. 181(JUD) will be on the May 8 calendar. HB 185 CS FOR HOUSE BILL NO. 185(FIN) "An Act relating to fees for certain uses of state water, other than fees for traveling upon state water, and to the accounting and appropriation of those fees; relating to authorizations for the temporary use of state water; making other amendments to the Alaska Water Use Act; and providing for an effective date" was read the second time. 2001-05-07 Senate Journal Page 1643 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. 185(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 185(FIN) "An Act relating to fees for certain uses of state water, other than fees for traveling upon state water, and to the accounting and appropriation of those fees; relating to authorizations for the temporary use of state water; making other amendments to the Alaska Water Use Act; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 185(FIN) Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Green, Halford, Kelly, Leman, Lincoln, Pearce, Phillips, Taylor, Therriault, Ward, Wilken Nays: Ellis, Elton, Hoffman, Olson Absent: Torgerson and so, CS FOR HOUSE BILL NO. 185(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. HB 228 CS FOR HOUSE BILL NO. 228(FIN) "An Act relating to the accounting of fees from business license endorsements for tobacco products, to the disclosure of certain confidential cigarette and tobacco product information, to notification regarding a cigarette manufacturer's noncompliance with the tobacco product Master Settlement Agreement, to business license endorsements for sale of tobacco products, to citations and penalties for illegal sales of tobacco products; and providing for an effective date" was read the second time. 2001-05-07 Senate Journal Page 1644 Senator Olson moved and asked unanimous consent to be shown as a cross sponsor on the bill. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 228(FIN) will be on the May 8 calendar. HB 230 HOUSE BILL NO. 230 "An Act relating to wage and hour protections for employees of the Alaska Railroad Corporation; 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. HOUSE BILL NO. 230 was read the third time. The question being: "Shall HOUSE BILL NO. 230 "An Act relating to wage and hour protections for employees of the Alaska Railroad Corporation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 230 Third Reading - Final Passage Effective Date 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, HOUSE BILL NO. 230 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. 2001-05-07 Senate Journal Page 1645 SCR 20 SENATE CONCURRENT RESOLUTION NO. 20 was read the second time and was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 20 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 234, relating to the tobacco use education and cessation fund and to smoking education and cessation programs; relating to funding the tobacco use education and cessation fund; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a tobacco litigation settlement; and authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors, pass the Senate?" The roll was taken with the following result: SCR 20 Second Reading - Final Passage YEAS: 6 NAYS: 12 EXCUSED: 0 ABSENT: 2 Yeas: Cowdery, Donley, Green, Leman, Phillips, Ward Nays: Austerman, Davis, Ellis, Elton, Halford, Hoffman, Kelly, Olson, Pearce, Taylor, Therriault, Wilken Absent: Lincoln, Torgerson and so, SENATE CONCURRENT RESOLUTION NO. 20 failed to be adopted. 2001-05-07 Senate Journal Page 1646 HB 234 CS FOR HOUSE BILL NO. 234(FIN) am "An Act relating to the tobacco use education and cessation fund and to smoking education and cessation programs; relating to funding the tobacco use education and cessation fund; relating to financing of construction and major maintenance of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco litigation settlement to the Northern Tobacco Securitization Corporation; relating to the deposit of certain anticipated revenue from a tobacco litigation settlement; authorizing the issuance of bonds by the Northern Tobacco Securitization Corporation with proceeds to finance public school construction and major maintenance, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1583. Senator Ellis objected. The question being: "Shall the Finance Committee Substitute be adopted?" The roll was taken with the following result: CSHB 234(FIN) am Second Reading Adopt Finance Committee Substitute? 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 CS FOR CS FOR HOUSE BILL NO. 234(FIN) was adopted and read the second time. Amendment No. 1 was not offered. 2001-05-07 Senate Journal Page 1647 Senators Austerman, Ward, Ellis, Taylor, Elton, Hoffman offered Amendment No. 2 : Page 2, lines 7 - 15, Sec. 2 (a) and (b): Delete all material. Insert "(a) There is created as a special account in the general fund the tobacco use education and cessation fund into which shall be deposited 20 percent annually of the revenue derived from the settlement of State v. Phillip Morris, Incorporated, et al, No. 1JU-97- 915 CI (Alaska Super. 1997). The purpose of the tobacco use education and cessation fund is to provide a source to finance the comprehensive smoking education, tobacco use prevention, and tobacco control program authorized by AS 44.29.020(a)(15). (b) The legislature may make appropriations from the tobacco use education and cessation fund for the comprehensive smoking education, tobacco use prevention, and tobacco control program established under AS 44.29.020(a)(15)." Senator Austerman moved for the adoption of Amendment No. 2. Senator Green objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 234(FIN) Second Reading Amendment No. 2 YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Davis, Ellis, Elton, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward Nays: Cowdery, Donley, Green, Halford, Wilken Absent: Kelly and so, Amendment No. 2 was adopted. 2001-05-07 Senate Journal Page 1648 Senator Taylor offered Amendment No. 3 : Page 5, line 2: Delete "Thomas Basin Harbor, Ryus Float," Page 5, lines 3 and 4: Delete "Bar Harbor North, Hole-in-the-Wall Harbor, Knudson Cove Harbor" Senator Taylor moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 234(FIN) am S will be on the May 8 calendar. 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 4:36 p.m. After Recess The Senate reconvened at 5:13 p.m. Senator Ward moved and asked unanimous consent that the Senate return to Introduction of Guests. Without objection, it was so ordered. Standing Committee Reports HB 132 The Rules Committee considered CS FOR HOUSE BILL NO. 132(2d RLS)(efd am) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; relating to the offenses of operating a motor vehicle, aircraft, or watercraft while intoxicated and refusal to take a breath test; relating to implied consent to take a chemical test; relating 2001-05-07 Senate Journal Page 1649 to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Ellis. Signing no recommendation: Senators Phillips, Therriault. The bill is on today's calendar. HB 172 The Rules Committee considered CS FOR HOUSE BILL NO. 172(FIN) am "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Ellis. Signing no recommendation: Senator Therriault. The bill is on today's calendar. Consideration of the Calendar Second Reading of House Bills HB 132 CS FOR HOUSE BILL NO. 132(2d RLS)(efd am) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; relating to the offenses of operating a motor vehicle, aircraft, or watercraft while intoxicated and refusal to take a breath test; relating to implied consent to take a chemical test; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1617. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 132 (FIN) was adopted and read the second time. 2001-05-07 Senate Journal Page 1650 Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 132(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 132(FIN) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice information by the Alcoholic Beverage Control Board; relating to the offenses of operating a motor vehicle, aircraft, or watercraft while intoxicated and refusal to take a breath test; relating to implied consent to take a chemical test; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 132(FIN) Third Reading - Final Passage Effective Dates/Letter of Intent 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 BILL NO. 132(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. Senator Leman moved the House Letter of Intent (House Journal page 1194). Without objection, the Legislative Letter of Intent was adopted and the bill was referred to the Secretary for engrossment. 2001-05-07 Senate Journal Page 1651 HB 172 CS FOR HOUSE BILL NO. 172(FIN) am "An Act relating to therapeutic courts for offenders and to the authorized number of superior court judges" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1617. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to therapeutic courts for offenders; to the authorized number of superior court judges; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date" (technical title change) was adopted and read the second time. Senators Lincoln, Halford, Elton, Austerman, Hoffman, Ellis, Cowdery 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 considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to therapeutic courts for offenders; to the authorized number of superior court judges; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 172(FIN) Third Reading - Final Passage Effective Dates/Court Rule 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 2001-05-07 Senate Journal Page 1652 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 172 (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. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 250 CS FOR HOUSE BILL NO. 250(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2002; and providing for an effective date" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1580. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 250(FIN) was adopted and read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. Senator Leman moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 250(FIN) will be on the May 8 calendar. Senator Leman moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, the Senate returned to: 2001-05-07 Senate Journal Page 1653 Messages from the House Message dated May 5 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twenty-second Alaska Legislature at 6:00 p.m. on Monday, May 7 to take up the confirmation of the Governor's appointees. This is a change from the original date and time of May 6 at l:00 p.m. Senator Leman moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session at 7:00 p.m. Without objection, it was so ordered. The Secretary was requested to notify the House. Recess Senator Leman moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 5:46 p.m. After Recess Joint Session in the House Speaker Porter called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Halford, who called the Joint Session to order at 7:11 p.m. The purpose of the Joint Session was to consider the confirmation of the Governor's appointments to the cabinet and to boards and commissions. 2001-05-07 Senate Journal Page 1654 The roll of the House was taken and showed thirty-seven members present. The roll of the Senate was called and showed nineteen members present. Senator Leman stated that all confirmations under consideration would be for the terms provided in statute pursuant to AS 39.05.053 and not necessarily as stated in the list below. The Governor's appointments are as follows: Alaska Army National Guard - Brigadier General Colonel Craig Noal Christensen - Fort Richardson Commissioner, Department of Administration Jim Duncan - Juneau Appointed: 08/25/00 Commissioner, Department of Public Safety Glenn G. Godfrey - Juneau Appointed: 08/23/00 Commissioner, Department of Natural Resources Pat Pourchot - Juneau Appointed: 08/29/00 Alaska State Board of Public Accountancy Kathleen B. Shreiber - Eagle River Appointed: 03/21/97 Reappointed: 05/24/00 Term Expires: 04/25/04 Linda C. Thomas - Juneau Appointed: 06/25/96 Reappointed: 05/24/00 Term Expires: 04/25/04 2001-05-07 Senate Journal Page 1655 Alcoholic Beverage Control Board Duane S. Udland - Anchorage Appointed: 03/27/01 Expires: 03/01/04 State Board of Registration for Architects, Engineers, and Land Surveyors Daphne E. Brown - Anchorage Appointed: 07/01/96 Reappointed: 07/01/00 Term Expires: 07/01/04 Patrick H. Kalen - Fairbanks Appointed: 03/20/98 Reappointed: 07/01/00 Term Expires: 07/01/04 Dr. Robert E. Miller - Anchorage Appointed: 09/11/96 Reappointed: 07/01/00 Term Expires: 07/01/04 State Assessment Review Board Vince Coan - Wasilla Appointed: 12/29/00 No Term Board of Barbers and Hairdressers Darae Crews - Anchorage Appointed: 03/21/00 Reappointed: 07/01/00 Term Expires: 07/01/04 Sheryl L. Sutton - Juneau Appointed: 07/30/96 Reappointed: 07/01/00 Term Expires: 07/01/04 Larry Allen Ungerecht - Anchorage Appointed: 11/29/00 Term Expires: 07/01/04 Alaska Commercial Fisheries Entry Commission Bruce C. Twomley - Juneau Appointed: 10/06/82 Reappointed: 08/18/88, 07/21/92, 10/01/96, and 08/28/00 Term Expires: 07/01/04 2001-05-07 Senate Journal Page 1656 Board of Dental Examiners Rena L. Anderson - Anchorage Appointed: 09/12/00 Reappointed: 03/27/01 Term Expires: 03/01/05 Dr. Patricia Bergdahl - Fairbanks Appointed: 03/27/01 Term Expires: 03/01/03 James Blasingame - Anchorage Appointed: 04/03/98 Reappointed: 03/27/01 Term Expires: 03/01/05 Dr. Michael P. Moriarty - Seward Appointed: 07/27/00 Term Expires: 02/01/03 Board of Dispensing Opticians Ann M. Bezona - Kodiak Appointed: 06/05/00 Term Expires: 06/14/02 Larry E. Harper - Anchorage Appointed: 06/14/00 Term Expires: 06/14/04 State Board of Education and Early Development Diane Heard - Eagle River Appointed: 01/26/01 Term Expires: 01/31/03 Board of Fisheries Russell Nelson - Dillingham Appointed: 03/21/98 Reappointed: 03/30/01 Expires: 06/30/04 Dr. John White - Bethel Appointed: 02/09/95 Reappointed: 03/21/98 Reappointed: 03/30/01 Expires: 06/30/04 Board of Game William (Chip) H. Dennerlein - Anchorage Appointed: 10/20/00 Term Expires: 01/31/03 The Honorable Ben Grussendorf - Sitka Appointed: 02/01/01 Term Expires: 01/31/04 Dr. Julie Maier - Fairbanks Appointed: 01/24/01 Term Expires: 01/31/03 2001-05-07 Senate Journal Page 1657 State Commission for Human Rights Martha Gore - Anchorage Appointed: 05/15/96 Reappointed: 03/27/01 Term Expires: 03/01/06 Judge Roy Harding Madsen (ret.) - Kodiak Appointed: 11/21/00 Term Expires: 01/31/03 Commission on Judicial Conduct Ethel L. Staton - Sitka Appointed: 03/04/97 Reappointed: 12/29/00 Term Expires: 12/31/04 Alaska Judicial Council Eleanor Andrews - Anchorage Appointed: 11/15/00 Reappointed: 03/28/01 Term Expires: 03/01/07 Alaska Labor Relations Agency Richard D. Brickley - Fairbanks Appointed: 09/22/99 Reappointed: 06/30/00 Term Expires: 06/30/03 Aaron T. Isaacs - Klawock Appointed: 06/12/00 Term Expires: 06/30/02 Board of Marine Pilots Anthony (Tony) J. Joslyn - Anchor Point Appointed: 12/29/00 Term Expires: 06/01/03 Jeffrey L. Thompson - Anchorage Appointed: 11/10/99 Reappointed: 06/01/00 Term Expires: 06/01/04 Board of Marital and Family Therapy Ann W. Swift - Fairbanks Appointed: 01/19/00 Reappointed: 12/29/00 Term Expires: 12/24/04 2001-05-07 Senate Journal Page 1658 State Medical Board Dr. Martha Tillion Cotten - Eagle River Appointed: 10/03/97 Reappointed: 05/24/00 Term Expires: 04/21/04 Dr. David Head - Nome Appointed: 03/27/01 Expires: 03/01/04 Constance E. Livsey - Anchorage Appointed: 10/03/97 Reappointed: 08/13/00 Term Expires: 08/13/04 Sheila Means - Juneau Appointed: 06/02/98 Reappointed: 03/27/01 Expires: 03/01/05 Alaska Mental Health Trust Authority Board of Trustees John Pugh - Juneau Appointed: 03/03/95 Reappointed: 05/15/96 Reappointed: 03/27/01 Expires: 03/01/06 Board of Certified Direct-Entry Midwives Sharon Evans - Chugiak Appointed: 03/27/01 Expires: 03/01/04 Board of Nursing Mary S. (Sue) Nikodym -Wrangell Appointed: 03/27/01 Expires: 03/01/04 Occupational Safety and Health Review Board The Honorable Cliff Davidson - Kodiak Appointed: 06/05/00 Reappointed 03/27/01 Term Expires: 03/01/05 Carla L. Meek - Juneau Appointed: 07/16/97 Reappointed: 08/01/00 Term Expires: 08/01/04 Alaska Oil and Gas Conservation Commission Julie M. Heusser - Anchorage Appointed: 10/20/00 Reappointed: 12/31/00 Term Expires: 12/31/06 2001-05-07 Senate Journal Page 1659 Board of Examiners in Optometry Dr. William D. Faulkner - Anchorage Appointed: 08/21/96 Reappointed: 09/15/00 Term Expires: 06/15/04 Personnel Board Ronald L. Otte - Anchorage Appointed: 12/29/00 Term Expires: 06/20/06 Board of Pharmacy Mark D. Bohrer - Eagle River Appointed: 11/10/99 Reappointed: 05/24/00 Term Expires: 04/01/04 Cindy Bueler - Anchorage Appointed: 06/05/00 Term Expires: 04/01/04 State Physical Therapy and Occupational Therapy Board Jo Anne Bell-Graves - Juneau Appointed: 12/11/98 Reappointed: 09/07/00 Term Expires: 09/01/04 Board of Professional Counselors David F. Leonard - Fairbanks Appointed: 11/16/98 Reappointed: 12/29/00 Term Expires: 11/01/04 Professional Teaching Practices Commission Georgia (Sue) Cast - Bethel Appointed: 10/31/97 Reappointed: 07/01/00 Term Expires: 07/01/03 Cynthia Curran - Juneau Appointed: 03/27/01 Expires: 03/01/03 Patricia A. Truman - Palmer Appointed: 09/23/99 Reappointed: 07/01/00 Term Expires: 07/01/03 Board of Psychologist and Psychological Associate Examiners Cathy W. Biggerstaff - Anchorage Appointed: 12/29/00 Term Expires: 07/01/04 2001-05-07 Senate Journal Page 1660 Alaska Public Offices Commission John Dapcevich - Juneau Appointed: 01/16/01 Term Expires: 02/01/02 Mark T. Handley - Juneau Appointed: 05/24/00 Term Expires: 02/01/05 Board of Certified Real Estate Appraisers James A. Hage - Fairbanks Appointed: 12/11/98 Reappointed: 06/30/00 Term Expires: 06/30/04 Stephen F. Turner - Anchorage Appointed: 08/25/00 Term Expires: 06/30/02 Real Estate Commission Clarence Bolden - Anchorage Appointed: 06/05/00 Term Expires: 01/31/04 Gail Dossman - Anchorage Appointed: 06/05/00 Term Expires: 01/31/03 Lottie M. Michael - Anchorage Appointed: 08/28/00 Term Expires: 01/31/04 University of Alaska Board of Regents Kevin O. Meyers - Anchorage Appointed: 10/20/00 Term Expires: 02/01/07 Regulatory Commission of Alaska James S. Strandberg - Anchorage Appointed: 07/01/99 Reappointed: 10/03/00 Term Expires: 07/01/06 Board of Social Work Examiners Diane M. DiSanto - Anchorage Appointed: 09/11/96 Reappointed: 11/21/00 Term Expires: 07/01/04 Board of Veterinary Examiners Colonel William (Bill) McDonald - Fairbanks Appointed: 12/29/00 Term Expires: 01/31/04 2001-05-07 Senate Journal Page 1661 Violent Crimes Compensation Board Dr. Colleen M. Murphy - Anchorage Appointed: 08/27/98 Reappointed: 12/29/00 Term Expires: 12/15/03 Alaska Workers Compensation Board John A. Abshire - Wasilla Appointed: 07/23/97 Reappointed: 08/28/00 Term Expires: 07/01/03 Valerie K. Baffone - Anchorage Appointed: 11/08/96 Reappointed: 07/01/97 and 08/28/00 Term Expires: 07/01/03 Richard H. Behrends - Juneau Appointed: 11/21/00 Term Expires: 07/01/03 John Giuchici - Fairbanks Appointed: 10/10/91 Reappointed: 07/15/93, 06/25/96, and 09/07/00 Term Expires: 07/01/02 Stephen T. Hagedorn - Anchorage Appointed: 08/19/91 Reappointed: 07/01/93, 06/25/96, and 09/06/00 Term Expires: 07/01/02 Andrew (Bear) J. Piekarski - Eagle River Appointed: 03/17/99 Reappointed: 08/28/00 Term Expires: 07/01/03 Marc D. Stemp - Bethel Appointed: 08/14/91 Reappointed: 07/05/94, 03/20/98, and 12/29/00 Term Expires: 07/01/03 Robin E. Ward - Anchorage Appointed: 06/05/00 Term Expires: 07/01/02 Senator Leman moved that Colonel Craig Noal Christensen be confirmed as Brigadier General of the Alaska Army National Guard. The question being: "Shall Colonel Craig Noal Christensen be confirmed?" The roll of the Senate was called with the following result: 2001-05-07 Senate Journal Page 1662 AK Army Nat'l Guard - Brigadier General Confirm - Christensen SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Wilken, Halford Nays: Ward The roll of the House was taken with the following result: AK Army Nat'l Guard - Brigadier General Confirm - Christensen HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson TOTALS: YEAS: 59 NAYS: 1 EXCUSED: 0 ABSENT: 0 and so, Colonel Craig Noal Christensen was confirmed as Brigadier General of the Alaska Army National Guard. Senator Leman moved that Jim Duncan be confirmed as Commissioner of the Department of Administration. The question being: "Shall Jim Duncan be confirmed?" The roll of the House was taken with the following result: 2001-05-07 Senate Journal Page 1663 Commissioner - Dept. of Administration Confirm - Duncan HOUSE YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Ogan The roll of the Senate was called with the following result: Commissioner - Dept. of Administration Confirm - Duncan SENATE YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Donley, Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Therriault, Torgerson, Wilken, Austerman, Halford Nays: Cowdery, Taylor, Ward TOTALS: YEAS: 56 NAYS: 4 EXCUSED: 0 ABSENT: 0 and so, Jim Duncan was confirmed as Commissioner of the Department of Administration. Senator Leman moved that Glenn G. Godfrey be confirmed as Commissioner of the Department of Public Safety. The question being: "Shall Glenn G. Godfrey be Confirmed as the Commissioner of the Department of Public Safety?" The roll of the Senate was called with the following result: 2001-05-07 Senate Journal Page 1664 Commissioner - Dept. of Public Safety Confirm - Godfrey SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Donley, Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Wilken, Austerman, Cowdery, Halford Nays: Ward The roll of the House was taken with the following result: Commissioner - Dept. of Public Safety Confirm - Godfrey HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson TOTALS: YEAS: 59 NAYS: 1 EXCUSED: 0 ABSENT: 0 and so, Glen G. Godfrey was confirmed as Commissioner of the Department of Public Safety. Senator Leman moved that Pat Pourchot be confirmed as Commissioner of the Department of Natural Resources. The question being: "Shall Pat Pourchot be Confirmed as the Commissioner of the Department of Natural Resources?" The roll of the House was taken with the following result: 2001-05-07 Senate Journal Page 1665 Commissioner - Dept. of Natural Resources Confirm - Pourchot HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson The roll of the Senate was called with the following result: Commissioner - Dept. of Natural Resources Confirm - Pourchot SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Wilken, Austerman, Cowdery, Davis, Halford Nays: Ward TOTALS: YEAS: 59 NAYS: 1 EXCUSED: 0 ABSENT: 0 and so, Pat Pourchot was confirmed as Commissioner of the Department of Natural Resources. Senator Leman listed the Governor's appointments to the following boards and commissions: Alaska State Board of Public Accountancy Kathleen B. Shreiber - Eagle River Appointed: 03/21/97 Reappointed: 05/24/00 Term Expires: 04/25/04 Linda C. Thomas - Juneau Appointed: 06/25/96 Reappointed: 05/24/00 Term Expires: 04/25/04 2001-05-07 Senate Journal Page 1666 Alcoholic Beverage Control Board Duane S. Udland - Anchorage Appointed: 03/27/01 Expires: 03/01/04 State Board of Registration for Architects, Engineers, and Land Surveyors Daphne E. Brown - Anchorage Appointed: 07/01/96 Reappointed: 07/01/00 Term Expires: 07/01/04 Patrick H. Kalen - Fairbanks Appointed: 03/20/98 Reappointed: 07/01/00 Term Expires: 07/01/04 Dr. Robert E. Miller - Anchorage Appointed: 09/11/96 Reappointed: 07/01/00 Term Expires: 07/01/04 State Assessment Review Board Vince Coan - Wasilla Appointed: 12/29/00 No Term Senator Leman moved and asked unanimous consent that the appointments to the above boards be confirmed. Without objection, it was so ordered. Senator Leman listed the Governor's appointments to the following Boards and commissions: Board of Barbers and Hairdressers Darae Crews - Anchorage Appointed: 03/21/00 Reappointed: 07/01/00 Term Expires: 07/01/04 Sheryl L. Sutton - Juneau Appointed: 07/30/96 Reappointed: 07/01/00 Term Expires: 07/01/04 Larry Allen Ungerecht - Anchorage Appointed: 11/29/00 Term Expires: 07/01/04 2001-05-07 Senate Journal Page 1667 Alaska Commercial Fisheries Entry Commission Bruce C. Twomley - Juneau Appointed: 10/06/82 Reappointed: 08/18/88, 07/21/92, 10/01/96, and 08/28/00 Term Expires: 07/01/04 Board of Dental Examiners Rena L. Anderson - Anchorage Appointed: 09/12/00 Reappointed: 03/27/01 Term Expires: 03/01/05 Dr. Patricia Bergdahl - Fairbanks Appointed: 03/27/01 Term Expires: 03/01/03 James Blasingame - Anchorage Appointed: 04/03/98 Reappointed: 03/27/01 Term Expires: 03/01/05 Dr. Michael P. Moriarty - Seward Appointed: 07/27/00 Term Expires: 02/01/03 Board of Dispensing Opticians Ann M. Bezona - Kodiak Appointed: 06/05/00 Term Expires: 06/14/02 Larry E. Harper - Anchorage Appointed: 06/14/00 Term Expires: 06/14/04 State Board of Education and Early Development Diane Heard - Eagle River Appointed: 01/26/01 Term Expires: 01/31/03 Board of Fisheries Russell Nelson - Dillingham Appointed: 03/21/98 Reappointed: 03/30/01 Expires: 06/30/04 Dr. John White - Bethel Appointed: 02/09/95 Reappointed: 03/21/98 Reappointed: 03/30/01 Expires: 06/30/04 Objections were heard to the confirmation of Bruce Twomley to the Alaska Commercial Fisheries Entry Commission and Dr. John White to the Board of Fisheries. 2001-05-07 Senate Journal Page 1668 Senator Leman moved and asked unanimous consent that the appointments to the above boards and commissions with the exception of Bruce Twomley and Dr. John White be confirmed. Without objection, it was so ordered. Senator Leman moved that Bruce Twomley be confirmed to the Alaska Commercial Fisheries Entry Commission. The question being: "Shall Bruce Twomley be confirmed?" The roll of the Senate was called with the following result: Commercial Fisheries Entry Commission Confirm - Twomley SENATE YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, Elton, Green, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Therriault, Torgerson, Wilken, Austerman, Cowdery, Davis, Donley, Halford Nays: Taylor, Ward The roll of the House was taken with the following result: Commercial Fisheries Entry Commission Confirm - Twomley HOUSE YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Nays: Wilson TOTALS: YEAS: 57 NAYS: 3 EXCUSED: 0 ABSENT: 0 and so, Bruce Twomley was confirmed to the Alaska Commercial Fisheries Entry Commission. 2001-05-07 Senate Journal Page 1669 Senator Leman moved that Dr. John White be confirmed to the Board of Fisheries. The question being: "Shall Dr. John White be confirmed?" The roll of the House was taken with the following result: Board of Fisheries Confirm - White HOUSE YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Coghill, Crawford, Croft, Davies, Fate, Foster, Green, Guess, Hayes, Joule, Kapsner, Kohring, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Whitaker Nays: Bunde, Chenault, Dyson, Halcro, Harris, Hudson, James, Kerttula, Kookesh, Kott, Scalzi, Stevens, Williams, Wilson The roll of the Senate was called with the following result: Board of Fisheries Confirm - White SENATE YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Green, Hoffman, Kelly, Lincoln, Olson, Pearce, Therriault, Wilken, Donley, Ellis, Halford Nays: Elton, Leman, Phillips, Taylor, Torgerson, Ward, Austerman, Cowdery, Davis, TOTALS: YEAS: 37 NAYS: 23 EXCUSED: 0 ABSENT: 0 and so, Dr. John White was confirmed to the Board of Fisheries. Senator Leman listed the Governor's appointments to the following boards and commissions: 2001-05-07 Senate Journal Page 1670 Board of Game William (Chip) H. Dennerlein - Anchorage Appointed: 10/20/00 Term Expires: 01/31/03 The Honorable Ben Grussendorf - Sitka Appointed: 02/01/01 Term Expires: 01/31/04 Dr. Julie Maier - Fairbanks Appointed: 01/24/01 Term Expires: 01/31/03 State Commission for Human Rights Martha Gore - Anchorage Appointed: 05/15/96 Reappointed: 03/27/01 Term Expires: 03/01/06 Judge Roy Harding Madsen (ret.) - Kodiak Appointed: 11/21/00 Term Expires: 01/31/03 Commission on Judicial Conduct Ethel L. Staton - Sitka Appointed: 03/04/97 Reappointed: 12/29/00 Term Expires: 12/31/04 Alaska Judicial Council Eleanor Andrews - Anchorage Appointed: 11/15/00 Reappointed: 03/28/01 Term Expires: 03/01/07 Alaska Labor Relations Agency Richard D. Brickley - Fairbanks Appointed: 09/22/99 Reappointed: 06/30/00 Term Expires: 06/30/03 Aaron T. Isaacs - Klawock Appointed: 06/12/00 Term Expires: 06/30/02 Board of Marine Pilots Anthony (Tony) J. Joslyn - Anchor Point Appointed: 12/29/00 Term Expires: 06/01/03 Jeffrey L. Thompson - Anchorage Appointed: 11/10/99 Reappointed: 06/01/00 Term Expires: 06/01/04 2001-05-07 Senate Journal Page 1671 Board of Marital and Family Therapy Ann W. Swift - Fairbanks Appointed: 01/19/00 Reappointed: 12/29/00 Term Expires: 12/24/04 Objections were heard to the confirmations of William Dennerlein, Ben Grussendorf, and Dr. Julie Maier to the Board of Game. Senator Leman moved and asked unanimous consent that the appointments to the above boards with the exception of William Dennerlein, Ben Grusendorf and Dr. Julie Maier to the Board of Game, be confirmed. Without objection, it was so ordered. Senator Leman moved that Ben Grussendorf be confirmed to the Board of Game. The question being: "Shall Ben Grussendorf be confirmed?" The roll of the Senate was called with the following result: Board of Game Confirm - Grussendorf SENATE YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Hoffman, Lincoln, Phillips, Torgerson, Austerman, Davis, Ellis, Elton Nays: Green, Kelly, Leman, Olson, Pearce, Taylor, Therriault, Ward, Wilken, Cowdery, Donley, Halford The roll of the House was taken with the following result: 2001-05-07 Senate Journal Page 1672 Board of Game Confirm - Grussendorf HOUSE YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Foster, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Lancaster, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Williams, Wilson Nays: Chenault, Coghill, Dyson, Fate, Green, Kohring, Kott, Masek, McGuire, Meyer, Ogan, Whitaker Rokeberg changed from "Nay" to "Yea". Bunde changed from "Nay" to "Yea". TOTALS: YEAS: 36 NAYS: 24 EXCUSED: 0 ABSENT: 0 and so, Ben Grussendorf was confirmed to the Board of Game. Senator Leman moved that William Dennerlein be confirmed to the Board of Game. The question being: "Shall William Dennerlein be confirmed?" The roll of the House was taken with the following result: Board of Game Confirm - Dennerlein HOUSE YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Foster, Guess, Hudson, Joule, Kapsner, Kerttula, Kookesh, McGuire, Moses, Porter, Scalzi Nays: Bunde, Chenault, Coghill, Dyson, Fate, Green, Halcro, Harris, Hayes, James, Kohring, Kott, Lancaster, Masek, Meyer, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Stevens, Whitaker, Williams, Wilson 2001-05-07 Senate Journal Page 1673 The roll of the Senate was called with the following result: Board of Game Confirm - Dennerlein SENATE YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Hoffman, Lincoln, Olson, Davis, Ellis, Elton Nays: Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken, Austerman, Cowdery, Donley, Green, Halford TOTALS: YEAS: 22 NAYS: 38 EXCUSED: 0 ABSENT: 0 and so, William Dennerlein was not confirmed to the Board of Game. Senator Leman moved that Dr. Julie Maier be confirmed to the Board of Game. The question being: "Shall Dr. Julie Maier be confirmed?" The roll of the Senate was called with the following result: Board of Game Confirm - Maier SENATE YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Therriault, Torgerson, Wilken, Austerman, Cowdery, Davis, Ellis, Elton, Green, Hoffman, Halford Nays: Taylor, Ward, Donley The roll of the House was taken with the following result: 2001-05-07 Senate Journal Page 1674 Board of Game Confirm - Maier HOUSE YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Nays: Kohring, Ogan, Wilson TOTALS: YEAS: 54 NAYS: 6 EXCUSED: 0 ABSENT: 0 and so, Dr. Julie Maier was confirmed to the Board of Game. Senator Leman listed the Governor's appointments to the following boards and commissions: State Medical Board Dr. Martha Tillion Cotten - Eagle River Appointed: 10/03/97 Reappointed: 05/24/00 Term Expires: 04/21/04 Dr. David Head - Nome Appointed: 03/27/01 Expires: 03/01/04 Constance E. Livsey - Anchorage Appointed: 10/03/97 Reappointed: 08/13/00 Term Expires: 08/13/04 Sheila Means - Juneau Appointed: 06/02/98 Reappointed: 03/27/01 Expires: 03/01/05 Alaska Mental Health Trust Authority Board of Trustees John Pugh - Juneau Appointed: 03/03/95 Reappointed: 05/15/96 Reappointed: 03/27/01 Expires: 03/01/06 Board of Certified Direct-Entry Midwives Sharon Evans - Chugiak Appointed: 03/27/01 Expires: 03/01/04 2001-05-07 Senate Journal Page 1675 Board of Nursing Mary S. (Sue) Nikodym -Wrangell Appointed: 03/27/01 Expires: 03/01/04 Occupational Safety and Health Review Board The Honorable Cliff Davidson - Kodiak Appointed: 06/05/00 Reappointed 03/27/01 Term Expires: 03/01/05 Carla L. Meek - Juneau Appointed: 07/16/97 Reappointed: 08/01/00 Term Expires: 08/01/04 Alaska Oil and Gas Conservation Commission Julie M. Heusser - Anchorage Appointed: 10/20/00 Reappointed: 12/31/00 Term Expires: 12/31/06 Board of Examiners in Optometry Dr. William D. Faulkner - Anchorage Appointed: 08/21/96 Reappointed: 09/15/00 Term Expires: 06/15/04 Personnel Board Ronald L. Otte - Anchorage Appointed: 12/29/00 Term Expires: 06/20/06 Objections were heard to the confirmation of Cliff Davidson to the Occupational Safety and Health Review Board. Senator Leman moved and asked unanimous consent that the appointments to the above boards and commissions with the exception of Cliff Davidson to the Occupational Safety and Health Review Board be confirmed. Without objection, it was so ordered. Senator Leman moved that Cliff Davidson be confirmed to the Occupational Safety and Health Review Board. The question being: "Shall Cliff Davidson be confirmed?" The roll of the House was taken with the following result: 2001-05-07 Senate Journal Page 1676 Occupational Safety & Health Review Confirm - Davidson HOUSE YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Bunde, Chenault, Cissna, Crawford, Croft, Davies, Foster, Guess, Halcro, Hayes, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Lancaster, Morgan, Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Nays: Coghill, Dyson, Fate, Green, Harris, Kohring, Masek, McGuire, Meyer, Ogan, Wilson The roll of the Senate was called with the following result: Occupational Safety & Health Review Confirm - Davidson SENATE YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Leman, Lincoln, Olson, Pearce, Phillips, Torgerson, Wilken, Austerman, Davis, Donley, Ellis, Elton, Hoffman, Kelly, Halford Nays: Taylor, Therriault, Ward, Cowdery, Green TOTALS: YEAS: 44 NAYS: 16 EXCUSED: 0 ABSENT: 0 and so Cliff Davidson was confirmed to the Occupational Safety and Health Review Board. Senator Leman listed the Governor's appointments to the following boards and commissions: Board of Pharmacy Mark D. Bohrer - Eagle River Appointed: 11/10/99 Reappointed: 05/24/00 Term Expires: 04/01/04 Cindy Bueler - Anchorage Appointed: 06/05/00 Term Expires: 04/01/04 2001-05-07 Senate Journal Page 1677 State Physical Therapy and Occupational Therapy Board Jo Anne Bell-Graves - Juneau Appointed: 12/11/98 Reappointed: 09/07/00 Term Expires: 09/01/04 Board of Professional Counselors David F. Leonard - Fairbanks Appointed: 11/16/98 Reappointed: 12/29/00 Term Expires: 11/01/04 Professional Teaching Practices Commission Georgia (Sue) Cast - Bethel Appointed: 10/31/97 Reappointed: 07/01/00 Term Expires: 07/01/03 Cynthia Curran - Juneau Appointed: 03/27/01 Expires: 03/01/03 Patricia A. Truman - Palmer Appointed: 09/23/99 Reappointed: 07/01/00 Term Expires: 07/01/03 Board of Psychologist and Psychological Associate Examiners Cathy W. Biggerstaff - Anchorage Appointed: 12/29/00 Term Expires: 07/01/04 Alaska Public Offices Commission John Dapcevich - Juneau Appointed: 01/16/01 Term Expires: 02/01/02 Mark T. Handley - Juneau Appointed: 05/24/00 Term Expires: 02/01/05 Board of Certified Real Estate Appraisers James A. Hage - Fairbanks Appointed: 12/11/98 Reappointed: 06/30/00 Term Expires: 06/30/04 Stephen F. Turner - Anchorage Appointed: 08/25/00 Term Expires: 06/30/02 2001-05-07 Senate Journal Page 1678 Real Estate Commission Clarence Bolden - Anchorage Appointed: 06/05/00 Term Expires: 01/31/04 Gail Dossman - Anchorage Appointed: 06/05/00 Term Expires: 01/31/03 Lottie M. Michael - Anchorage Appointed: 08/28/00 Term Expires: 01/31/04 Objections were heard to the confirmation of Georgia Cast to the Professional Teaching Practices Commission. Senator Leman moved and asked unanimous consent that the appointments to the above boards and commissions, with the exception of Georgia Cast to the Professional Teaching Practices Commission, be confirmed. Without objection, it was so ordered. Senator Leman moved that Georgia Cast be confirmed to the Professional Teaching Practices Commission. The question being: "Shall Georgia Cast be confirmed?" The roll of the Senate was called with the following result: Professional Teaching Practices Confirm - Cast SENATE YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Lincoln, Olson, Pearce, Phillips, Torgerson, Wilken, Austerman, Davis, Ellis, Elton, Hoffman Nays: Taylor, Therriault, Ward, Cowdery, Donley, Green, Kelly, Leman, Halford Cowdery changed from "Yea" to "Nay". Green changed from "Yea" to "Nay". Donley changed from "Yea" to "Nay". Kelly changed from "Yea" to "Nay". 2001-05-07 Senate Journal Page 1679 The roll of the House was taken with the following result: Professional Teaching Practices Confirm - Cast HOUSE YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Davies, Foster, Guess, Halcro, Hayes, Hudson, Joule, Kapsner, Kerttula, Kookesh, Lancaster, Meyer, Morgan, Moses, Murkowski, Porter, Whitaker, Williams Nays: Bunde, Chenault, Coghill, Dyson, Fate, Green, Harris, James, Kohring, Kott, Masek, McGuire, Mulder, Ogan, Rokeberg, Scalzi, Stevens, Wilson TOTALS: YEAS: 33 NAYS: 27 EXCUSED: 0 ABSENT: 0 and so Georgia Cast was confirmed to the Professional Teaching Practices Commission. Senator Leman listed the Governor's appointments to the following Boards and commissions: University of Alaska Board of Regents Kevin O. Meyers - Anchorage Appointed: 10/20/00 Term Expires: 02/01/07 Regulatory Commission of Alaska James S. Strandberg - Anchorage Appointed: 07/01/99 Reappointed: 10/03/00 Term Expires: 07/01/06 Board of Social Work Examiners Diane M. DiSanto - Anchorage Appointed: 09/11/96 Reappointed: 11/21/00 Term Expires: 07/01/04 Board of Veterinary Examiners Colonel William (Bill) McDonald - Fairbanks Appointed: 12/29/00 Term Expires: 01/31/04 2001-05-07 Senate Journal Page 1680 Violent Crimes Compensation Board Dr. Colleen M. Murphy - Anchorage Appointed: 08/27/98 Reappointed: 12/29/00 Term Expires: 12/15/03 Alaska Workers Compensation Board John A. Abshire - Wasilla Appointed: 07/23/97 Reappointed: 08/28/00 Term Expires: 07/01/03 Valerie K. Baffone - Anchorage Appointed: 11/08/96 Reappointed: 07/01/97 and 08/28/00 Term Expires: 07/01/03 Richard H. Behrends - Juneau Appointed: 11/21/00 Term Expires: 07/01/03 John Giuchici - Fairbanks Appointed: 10/10/91 Reappointed: 07/15/93, 06/25/96, and 09/07/00 Term Expires: 07/01/02 Stephen T. Hagedorn - Anchorage Appointed: 08/19/91 Reappointed: 07/01/93, 06/25/96, and 09/06/00 Term Expires: 07/01/02 Andrew (Bear) J. Piekarski - Eagle River Appointed: 03/17/99 Reappointed: 08/28/00 Term Expires: 07/01/03 Marc D. Stemp - Bethel Appointed: 08/14/91 Reappointed: 07/05/94, 03/20/98, and 12/29/00 Term Expires: 07/01/03 Robin E. Ward - Anchorage Appointed: 06/05/00 Term Expires: 07/01/02 Representatives Guess, Fate and Ogan moved and asked unanimous consent to be allowed to abstain from voting because of conflicts of interest. Objections were heard and Representatives Guess, Fate and Ogan were required to vote. 2001-05-07 Senate Journal Page 1681 Senator Leman moved and asked unanimous consent that the appointments to the above boards and commissions be confirmed. Without objection, it was so ordered. Senator Leman moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Halford adjourned the Joint Session at 8:03 p.m. After Recess In the Senate The Senate reconvened at 8:23 p.m. Senator Leman moved and asked unanimous consent that the Senate return to Standing Committee Reports. Without objection, the Senate returned to: Standing Committee Reports HB 184 The Rules Committee considered CS FOR HOUSE BILL NO. 184(JUD) am "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Therriault. Signing under other recommendations: Senator Ellis. The bill is on today's calendar. Consideration of the Calendar Second Reading of House Bills HB 184 CS FOR HOUSE BILL NO. 184(JUD) am "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date" was read the second time. 2001-05-07 Senate Journal Page 1682 Senator Taylor, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1618. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 184(JUD) was adopted and read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 184(JUD) was read the third time. Senator Green moved and asked unanimous consent to be allowed to abstain from voting due to a conflict of interest. Objections were heard, and Senator Green was required to vote. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 184(JUD) "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 184(JUD) Third Reading - Final Passage Effective Dates/Court Rules YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Elton, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Ellis, Green, Halford, Kelly Halford changed from "Yea" to "Nay". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 184(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 clauses. Without objection, it was so ordered. 2001-05-07 Senate Journal Page 1683 Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the court rule changes. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Third Reading of House Bills HB 113 SENATE CS FOR CS FOR HOUSE BILL NO. 113(HES) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 113(HES) "An Act relating to health care insurance payments for hospital or medical services; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 113(HES) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Kelly and so, SENATE CS FOR CS FOR HOUSE BILL NO. 113(HES) passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. HB 120 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 120 am was read the third time. 2001-05-07 Senate Journal Page 1684 The question being: "Shall SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 120 am "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; making certain conforming amendments; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SSHB 120 am Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Kelly and so, SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 120 am passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. HB 121 SENATE CS FOR CS FOR HOUSE BILL NO. 121(JUD) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 121(JUD) "An Act relating to the issuance of qualified charitable gift annuities" pass the Senate?" The roll was taken with the following result: 2001-05-07 Senate Journal Page 1685 SCS CSHB 121(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Kelly and so, SENATE CS FOR CS FOR HOUSE BILL NO. 121(JUD) passed the Senate. Senator Ellis gave notice of reconsideration. HB 154 CS FOR HOUSE BILL NO. 154(FSH) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 154(FSH) "An Act relating to security for the payment of fishery business taxes and to payment of the fisheries resource landing tax" pass the Senate?" The roll was taken with the following result: CSHB 154(FSH) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Kelly and so, CS FOR HOUSE BILL NO. 154(FSH) passed the Senate. Senator Ellis gave notice of reconsideration. 2001-05-07 Senate Journal Page 1686 HB 164 CS FOR HOUSE BILL NO. 164(JUD) was read the third time. Senator Lincoln moved and asked unanimous consent to be shown as a cross sponsor on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 164(JUD) "An Act prescribing the rights of grandparents related to child-in-need-of- aid hearings; and amending Rules 3, 7, 10, 15, 17, and 19, Alaska Child in Need of Aid Rules of Procedure" pass the Senate?" The roll was taken with the following result: CSHB 164(JUD) Third Reading - Final Passage Court Rules YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Kelly and so, CS FOR HOUSE BILL NO. 164(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 Court Rule changes. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. HB 187 CS FOR HOUSE BILL NO. 187(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 187(JUD) "An Act relating to the destruction, desecration, and vandalism of cemeteries and graves" pass the Senate?" The roll was taken with the following result: 2001-05-07 Senate Journal Page 1687 CSHB 187(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Kelly and so, CS FOR HOUSE BILL NO. 187(JUD) passed the Senate. Senator Ellis gave notice of reconsideration. HB 189 HOUSE BILL NO. 189 was read the third time. The question being: "Shall HOUSE BILL NO. 189 "An Act repealing statutory provisions relating to term limits and term limit pledges" pass the Senate?" The roll was taken with the following result: HB 189 Third Reading - Final Passage YEAS: 16 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Donley, Elton, Green, Halford, Hoffman, Leman, Lincoln, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Olson Absent: Kelly and so, HOUSE BILL NO. 189 passed the Senate. Senator Ellis gave notice of reconsideration. HB 204 HOUSE BILL NO. 204 was read the third time. 2001-05-07 Senate Journal Page 1688 The question being: "Shall HOUSE BILL NO. 204 "An Act relating to the Alaska Commission on Postsecondary Education and the Alaska Student Loan Corporation; relating to student financial aid programs and the financing of those programs; establishing the Alaska Advantage Loan Program and the Alaska Supplemental Education Loan Program; increasing the bonding authorization of the Alaska Student Loan Corporation; providing for liens resulting from a default under AS 14.43 or AS 14.44; relating to the duties of the recorder regarding those liens; relating to defaults under the Western Regional Higher Education Compact; relating to the prohibition on discrimination regarding programs under AS 14.43; relating to fees for the review of certain postsecondary institutions; making conforming amendments; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 204 Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Kelly and so, HOUSE BILL NO. 204 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. HB 210 CS FOR HOUSE BILL NO. 210(JUD) am was read the third time. Senators Ward, Olson, Cowdery, Hoffman, Davis, Lincoln, Therriault, Ellis moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. 2001-05-07 Senate Journal Page 1689 The question being: "Shall CS FOR HOUSE BILL NO. 210(JUD) am "An Act relating to sexual assault and sexual abuse of a minor" pass the Senate?" The roll was taken with the following result: CSHB 210(JUD) am Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Kelly and so, CS FOR HOUSE BILL NO. 210(JUD) am passed the Senate. Senator Ellis gave notice of reconsideration. HB 244 SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES) was read the third time. Senators Wilken, Taylor, Ward moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Therriault moved and asked unanimous consent to be allowed to abstain from voting due to a conflict of interest. Objections were heard, and Senator Therriault was required to vote. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES) "An Act relating to a grant of state land to the Denali Borough for a railroad and utility corridor and a railroad development project; repealing provisions relating to a grant of a right-of-way of land for a railroad and utility corridor to the Alaska Industrial Development and Export Authority; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-05-07 Senate Journal Page 1690 SCS CSHB 244(RES) Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Donley, Green, Halford, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Absent: Kelly Olson changed from "Yea" to "Nay". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES) passed the Senate. Senator Leman moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 244(FIN) Effective Date Clause YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Absent: Kelly and so, the effective date clause was adopted. Senator Ellis gave notice of reconsideration. 2001-05-07 Senate Journal Page 1691 Citations Honoring - Chief Peter John Representative(s) Morgan Senator(s) Lincoln, Olson, Wilken, Leman, Hoffman, Ellis, Cowdery, Halford, Pearce, Green, Austerman, Elton, Davis, Kelly, Taylor, Phillips, Ward Honoring - Elena Crisco Representative(s) Morgan Senator(s) Lincoln, Wilken, Leman, Hoffman, Cowdery, Halford, Pearce, Green, Austerman, Elton, Davis, Kelly, Taylor, Ward Honoring - Lieutenant General Thomas R. Case Representative(s) Mulder Senator(s) Phillips, Leman, Pearce, Wilken, Donley, Hoffman, Cowdery, Halford, Green, Lincoln, Austerman, Elton, Davis, Kelly, Taylor, Ward In Memoriam - Rick Brown Representative(s) Ogan, Crawford Senator(s) Green, Davis, Wilken, Leman, Hoffman, Cowdery, Halford, Pearce, Lincoln, Austerman, Elton, Kelly, Taylor, Ward In Memoriam - Earl Edward Payne, "Mr. Super Cub" Representative(s) Ogan Senator(s) Green, Wilken, Leman, Hoffman, Cowdery, Halford, Pearce, Lincoln, Austerman, Elton, Davis, Kelly, Taylor, Ward In Memoriam - David Cary Meeks Representative(s) Ogan Senator(s) Green, Wilken, Leman, Hoffman, Cowdery, Halford, Pearce, Lincoln, Austerman, Elton, Davis, Kelly, Taylor, 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. 2001-05-07 Senate Journal Page 1692 Unfinished Business HB 214 The reconsideration on 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" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. Special Orders Senator Kelly rose to a point of order. Senator Halford ruled the point out of order. Announcements Announcements are at the end of the journal. Engrossment HB 101 SENATE CS FOR CS FOR HOUSE BILL NO. 101(HES) "An Act relating to charter schools; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 115 SENATE CS FOR CS FOR HOUSE BILL NO. 115(HES) "An Act relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 132 SENATE CS FOR CS FOR HOUSE BILL NO. 132(FIN) "An Act relating to the possession, distribution, importation, and transportation of alcohol in a local option area; requiring liquor license applicants to submit fingerprints for the purpose of conducting a criminal history background check, and relating to the use of criminal justice 2001-05-07 Senate Journal Page 1693 information by the Alcoholic Beverage Control Board; relating to the offenses of operating a motor vehicle, aircraft, or watercraft while intoxicated and refusal to take a breath test; relating to implied consent to take a chemical test; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration with a Legislative Letter of Intent. HB 172 SENATE CS FOR CS FOR HOUSE BILL NO. 172(FIN) "An Act relating to therapeutic courts for offenders; to the authorized number of superior court judges; amending Rule 35, Alaska Rules of Criminal Procedure; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 184 SENATE CS FOR CS FOR HOUSE BILL NO. 184(JUD) "An Act relating to insurance; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 193 SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) "An Act relating to the primary election and to the nomination of candidates for the general election; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2001-05-07 Senate Journal Page 1694 HB 242 SENATE CS FOR CS FOR HOUSE BILL NO. 242(FIN) "An Act relating to reemployment of and medical benefits for retired members of the teachers' retirement system and public employees' retirement system; relating to the inclusion of cost-of-living differentials on compensation and benefits under the public employees' retirement system; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 115, relating to the definition of 'mental health professional' for certain mental health proceedings and treatments; relating to the services of certain medical professionals in civil proceedings for the commitment of certain intoxicated persons; allowing a physician assistant or advanced nurse practitioner to certify the need for emergency treatment as a result of intoxication, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HJR 23 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 23(STA) Advocating the retention of the electoral college system in its present form, was engrossed, signed by the President and Secretary and returned to the House for consideration. HCR 17 SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 17(JUD) Expressing the legislature's support for sale of a portion of Alaska's North Slope natural gas for electrical generation to power data centers within the North Slope Borough, was engrossed, signed by the President and Secretary and returned to the House for consideration. 2001-05-07 Senate Journal Page 1695 Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 8, 2001. Without objection, the Senate adjourned at 9:16 p.m. Heidi Vogel Secretary of the Senate May 2001 2001-05-07 Senate Journal Page 1696 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 07 Monday Senate Finance 532 9:00 AM + Bills Previously Heard/Scheduled May 07 Monday Senate Finance 532 6:00 PM Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY May 07 Monday Beltz 211 9:30 AM -- Time Change -- = HB 152 BREWPUB LICENSES Scheduled But Not Heard = HB 184 INSURANCE CODE AMENDMENTS Moved SCS(JUD) Out of Committee ---------------------------------------- RULES May 07 Monday Fahrenkamp 203 1:15 PM SB 186 LIMIT MUNICIPAL G.O.BOND DEBT HB 49 EXTEND TERMINATION DATE FOR BD OF PAROLE HB 71 EDUC. OF DISABLED OR GIFTED CHILDREN HB 76 NEW FACILITIES FOR API HB 90 MUNICIPAL SCHOOL BOND REIMBURSEMENT HB 102 THEFT OF PROPELLED VEHICLES HB 108 DEPT NATURAL RESOURCES RECORDING FEES HB 115 EMERGENCY COMMITMENT ORDERS AND TREATMENT 2001-05-07 Senate Journal Page 1697 RULES (continued) HB 132 ALCOHOL:LOCAL OPTION/DWI/LICENSING HB 167 MOTOR VEH.LIC.PLATES: NATL GUARD/ANTIQUE HB 172 THERAPEUTIC DRUG AND ALCOHOL COURTS HB 179 UNDERAGE DRINKING & DRUG OFFENSES HB 181 COMMUNITY PROPERTY/OBLIGATIONS OF SPOUSES HB 184 INSURANCE CODE AMENDMENTS HB 185 STATE WATER USE HB 228 SALE OF TOBACCO PRODUCTS HB 230 RAILROAD EMPLOYEE SALARIES AND WAGES = HB 234 TOBACCO SETTLEM'T:BONDS & SMOKING PROGRAM HB 250 OPERATING BUDGET MISSIONS AND MEASURES May 08 Tuesday Fahrenkamp 203 12:25 PM HB 198 PUB OFFICERS RETIREM'T COLA/COMPENSATION Staffing Considerations ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT May 07 Monday Butrovich 205 9:00 AM Audit Requests Other Committee Business ---------------------------------------- OTHER MEETINGS JOINT SESSION May 07 Monday House Chamber 7:00 PM Governor's Confirmations ----------------------------------------