Legislature(2001 - 2002)

2001-05-07 Senate Journal

Full Journal pdf

2001-05-07                     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                                                              
                   ----------------------------------------