Legislature(2001 - 2002)

2001-06-07 Senate Journal

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2001-06-07                     Senate Journal                      Page 1757
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-SECOND LEGISLATURE                                              
                                                                                                    
                            FIRST SPECIAL SESSION                                                
                                                                                                    
Juneau, Alaska                    Thursday                       June 7, 2001                     
                                                                                                    
                                  First Day                                                      
                                                                                                    
Pursuant to the May 8 Proclamation of the Governor calling for the                                  
convening of the First Special Session of the Twenty-Second Alaska                                  
Legislature, and the May 14 Proclamation amending the call to Special                               
Session by changing the convening date, the Senate was called to                                    
order by President Halford at 10:38 a.m.                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Senator Taylor. Senator                                     
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          God, grant me the serenity to accept those things we                                      
          cannot change, the courage to change those things                                         
          that we can and the wisdom to know the difference.                                        
                                    Amen.                                                          
                                                                                                    
Senator Wilken led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the one hundred twentieth and one hundred twenty-first legislative                              
days of the First Session of the Twenty-Second Legislature be                                       
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1758
                          Messages from the Governor                                             
                                                                                                    
The following proclamation was received:                                                            
                                                                                                    
                            Executive Proclamation                                               
                                                                                                    
Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska                        
Constitution, and in the public interest, I call the Twenty-Second                                  
Legislature of the State of Alaska into its first special session at                                
Juneau, Alaska, in the legislative chambers on May 21, 2001, at 10:00                               
a.m. to consider the enactment of law:                                                              
                                                                                                    
     Requiring the owners or operators of certain commercial                                        
     passenger vessels operating in the marine waters of the state                                  
     to register with the Department of Environmental                                               
     Conservation and providing for sampling, testing, record                                       
     keeping, and reporting requirements relating to commercial                                     
     passenger vessels' sewage, graywater, hazardous substances,                                    
     hazardous wastes, solid wastes, and other pollutants;                                          
     authorizing the Department of Environmental Conservation                                       
     to provide for independent verification of compliance by                                       
     commercial passenger vessels; prohibiting or limiting the                                      
     discharge of sewage and graywater from commercial                                              
     passenger vessels; establishing fees applicable to commercial                                  
     passenger vessels; authorizing the Department of                                               
     Environmental Conservation to research, monitor, and study                                     
     discharges and releases from commercial passenger vessels                                      
     and their effects on the environment, including the opacity of                                 
     air emissions from the vessels; establishing penalties for                                     
     failure to comply with certain laws relating to commercial                                     
     passenger vessels; and establishing a commercial passenger                                     
     vessel coastal protection fund.                                                                
                                                                                                    
Dated at Juneau, Alaska this 8th day of May, 2001.                                                  
                                                                                                    
/s/                                                                                                 
Tony Knowles, Governor                                                                              
                                                                                                    
The Secretary read the following amended proclamation:                                              
                                                                                                    

2001-06-07                     Senate Journal                      Page 1759
Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska                        
Constitution, I amend the call to special session issued on May 8, 2001                             
by changing the convening date of the special session.                                              
                                                                                                    
Under the foregoing authority and for the purpose of amending the                                   
proclamation dated May 8, 2001, I call the Twenty-Second Legislature                                
of the State of Alaska into its first special session at Juneau, Alaska, in                         
the legislative chambers on June 7, 2001, at 10:00 a.m. to consider the                             
enactment of law:                                                                                   
                                                                                                    
     Requiring the owners or operators of certain commercial                                        
     passenger vessels operating in the marine waters of the state                                  
     to register with the Department of Environmental                                               
     Conservation and providing for sampling, testing, record                                       
     keeping, and reporting requirements relating to commercial                                     
     passenger vessels' sewage, graywater, hazardous substances,                                    
     hazardous wastes, solid wastes, and other pollutants;                                          
     authorizing the Department of Environmental Conservation                                       
     to provide for independent verification of compliance by                                       
     commercial passenger vessels; prohibiting or limiting the                                      
     discharge of sewage and graywater from commercial                                              
     passenger vessels; establishing fees applicable to commercial                                  
     passenger vessels; authorizing the Department of                                               
     Environmental Conservation to research, monitor, and study                                     
     discharges and releases from commercial passenger vessels                                      
     and their effects on the environment, including the opacity of                                 
     air emissions from the vessels; establishing penalties for                                     
     failure to comply with certain laws relating to commercial                                     
     passenger vessels; and establishing a commercial passenger                                     
     vessel coastal protection fund.                                                                
                                                                                                    
Dated at Anchorage, Alaska this 14th day of May, 2001.                                              
                                                                                                    
/s/                                                                                                 
Tony Knowles, Governor                                                                              
                                                                                                    
SB 82                                                                                             
Message dated May 9 was received, stating the Governor signed the                                   
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  

2001-06-07                     Senate Journal                      Page 1760
                                                                                                    
          CS FOR SENATE BILL NO. 82(STA) "An Act                                                    
          making corrective amendments to the Alaska Statutes                                       
          as recommended by the revisor of statutes; and                                            
          providing for an effective date."                                                         
                                                                                                    
                             Chapter 22, SLA 2001                                                  
                         Effective Date: See Chapter                                               
                                                                                                    
HB 118                                                                                            
Message dated May 9 was received, stating the Governor signed the                                   
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          HOUSE BILL NO. 118 "An Act relating to a                                                  
          mandatory exemption from municipal taxes on                                               
          certain residences; and providing for an effective                                        
          date."                                                                                    
                                                                                                    
                             Chapter 23, SLA 2001                                                  
                           Effective Date: 01/01/02                                                
                                                                                                    
HB 81                                                                                             
Message dated May 9 was received, stating the Governor signed the                                   
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          81(FIN) "An Act extending the termination date of                                         
          the Board of Dental Examiners; relating to the Board                                      
          of Dental Examiners and regulation of the practice of                                     
          dentistry; and relating to dental hygienists and dental                                   
          assistants."                                                                              
                                                                                                    
                             Chapter 24, SLA 2001                                                  
                           Effective Date: 08/07/01                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1761
HB 137                                                                                            
Message dated May 9 was received, stating the Governor signed the                                   
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          HOUSE BILL NO. 137 "An Act relating to records                                            
          of veterans of the armed forces; and providing for an                                     
          effective date."                                                                          
                                                                                                    
                             Chapter 25, SLA 2001                                                  
                           Effective Date: 05/10/01                                                
                                                                                                    
SB 121                                                                                            
Message dated May 9 was received, stating the Governor signed the                                   
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          CS FOR SENATE BILL NO. 121(RES) am H "An                                                  
          Act adding, for purposes of the Alaska Right-of-Way                                       
          Leasing Act, a definition of 'substantial change' as                                      
          applied to an amended right-of-way lease application;                                     
          and providing for an effective date."                                                     
                                                                                                    
                             Chapter 26, SLA 2001                                                  
                           Effective Date: 05/10/01                                                
                                                                                                    
HB 194                                                                                            
Message dated May 9 was received, stating the Governor signed the                                   
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          CS FOR HOUSE BILL NO. 194(FIN) "An Act                                                    
          relating to fees for commercial fishing licenses and                                      
          permits; and providing for an effective date."                                            
                                                                                                    
                             Chapter 27, SLA 2001                                                  
                         Effective Date: See Chapter                                               
                                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1762
SB 60                                                                                             
Message dated May 9 was received, stating the Governor signed the                                   
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          60(RES) "An Act relating to agricultural facilities                                       
          and operations as private nuisances; and to                                               
          disclosures in transfers of certain real property                                         
          located within the vicinity of an agricultural facility                                   
          or an agricultural operation."                                                            
                                                                                                    
                             Chapter 28, SLA 2001                                                  
                           Effective Date: 08/07/01                                                
                                                                                                    
SB 164                                                                                            
Message dated May 16 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          HOUSE CS FOR SENATE BILL NO. 164(O&G)                                                     
          "An Act prohibiting leases under the Right-of-Way                                         
          Leasing Act on state land in or adjacent to the                                           
          Beaufort Sea; and providing for an effective date."                                       
                                                                                                    
                             Chapter 29, SLA 2001                                                  
                           Effective Date: 05/17/01                                                
                                                                                                    
HB 72                                                                                             
Message dated May 24 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 72(RLS) "An                                                  
          Act relating to an assistant adjutant general for space                                   
          and missile defense in the Department of Military                                         
          and Veterans' Affairs; and providing for an effective                                     
          date."                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1763
                             Chapter 30, SLA 2001                                                  
                           Effective Date: 05/25/01                                                
                                                                                                    
HB 13                                                                                             
Message dated May 24 was received, stating the Governor signed the                                  
following bill and transmitted the engrossed and enrolled copies to the                             
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          CONFERENCE CS FOR SPONSOR SUBSTITUTE                                                      
          FOR HOUSE BILL NO. 13 "An Act relating to                                                 
          municipal service areas and providing for voter                                           
          approval of the formation, alteration, or abolishment                                     
          of certain service areas."                                                                
                                                                                                    
                             Chapter 31, SLA 2001                                                  
                           Effective Date: 08/22/01                                                
                                                                                                    
HB 149                                                                                            
Message dated and received May 29, stating:                                                         
                                                                                                    
On this date I have signed the following bill passed by the first session                           
of the Twenty-second Alaska State Legislature and am transmitting                                   
the engrossed and enrolled copies to the Lieutenant Governor's Office                               
for permanent filing:                                                                               
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          149(FIN) am S "An Act expressing legislative intent                                       
          regarding correctional facility space; relating to                                        
          correctional facility space; authorizing the                                              
          Department of Corrections to enter into an agreement                                      
          to lease facilities for the confinement and care of                                       
          prisoners within the Kenai Peninsula Borough; and                                         
          providing for an effective date."                                                         
                                                                                                    
                             Chapter 32, SLA 2001                                                  
                           Effective Date: 06/01/01                                                
                                                                                                    
My action on this legislation will enable the Department of                                         
Corrections to continue working with the Kenai Peninsula Borough to                                 
help meet the State's need for prison beds in Alaska.                                               

2001-06-07                     Senate Journal                      Page 1764
In deciding to sign this bill, I have weighed the five long-standing                                
principles by which my Administration has measured proposed prison                                  
expansion in Alaska. They are:                                                                      
                                                                                                    
· Protecting the public's safety;                                                                   
· Consistency with best correctional practices;                                                     
· Community participation through government-to-government                                          
 transactions;                                                                                      
· Addressing statewide and regional needs; and                                                      
· Cost-effectiveness.                                                                               
                                                                                                    
If this proposed prison is to proceed, it will do so only if the Kenai                              
Peninsula Borough continues to the government-to-government                                         
relationship it has established with the state on this project. In turn,                            
those negotiations will proceed only if the state Department of                                     
Corrections is assured the public safety will be protected through the                              
use of best correctional practices. It is important to note that this bill                          
says the commissioner may order the Borough to terminate its contract                               
with a private, third-party prison vendor if that vendor is not operating                           
a safe or secure facility.                                                                          
                                                                                                    
As for statewide and regional needs, this bill represents a step in the                             
right direction but is far from complete. My Administration will                                    
continue to advocate jail and prison expansion in other regions of                                  
Alaska. However, the Kenai area is on the Department's list for more                                
needed beds. In addition, because the state has contracted for years                                
with a private prison operator in Arizona to house Alaska inmates, I                                
believe it is of statewide interest and importance to bring those dollars,                          
those jobs, and those inmates back to Alaska. If this project is                                    
completed, the Legislature and this and subsequent administrations                                  
must continue to work together to build more beds, find alternatives to                             
prison where appropriate, and do all we can to reduce future inmate                                 
populations through well-funded early childhood and education                                       
programs.                                                                                           
                                                                                                    
The cost-effectiveness of this project is protected through another                                 
clause in the bill that says the Department of Corrections "may" enter                              
into an agreement with the Borough to lease prison beds. As the                                     
Department has stated, any such agreement must describe how to                                      
maximize the purchasing value of public funds spent on the design,                                  

2001-06-07                     Senate Journal                      Page 1765
construction and operation of the proposed prison. Negotiations on                                  
such an agreement, should the project move forward, will involve the                                
good-faith efforts of both the Department and the Borough to protect                                
the financial interests of the citizens of the State of Alaska and the                              
Kenai Peninsula Borough. Borough Mayor Dale Bagley, in a May 25                                     
letter to Corrections Commissioner Margaret Pugh, acknowledges                                      
their mutual responsibilities: "Once HB 149 is signed into law, we                                  
could then continue the discussion we began earlier this week                                       
concerning how we can meet your five principles, as well as our                                     
mutual fiduciary duties."                                                                           
                                                                                                    
My signature on this bill continues the process by which a prison                                   
could be built. Many steps remain to accomplish this goal, including                                
the development of an intergovernmental agreement as well as                                        
negotiation of necessary agreements regarding the lease and operation                               
of such a prison facility. Those steps, coupled with the permissive                                 
nature of the legislation and the fact that the local assembly and                                  
Legislature have voted favorably for the project, all lead me to the                                
conclusion to proceed with the possibility of a new prison facility                                 
being constructed in the Kenai Peninsula Borough.                                                   
                                                                                                    
       Sincerely,                                                                                   
       /s/                                                                                          
       Tony Knowles                                                                                 
       Governor                                                                                     
                                                                                                    
HJR 19                                                                                            
Message dated May 9 was received, stating the Governor transmitted                                  
the engrossed and enrolled copies of the following resolution to the                                
Lieutenant Governor's Office for permanent filing:                                                  
                                                                                                    
          HOUSE JOINT RESOLUTION NO. 19 Urging the                                                  
          United States Congress to pass legislation to fund the                                    
          acquisition of high-resolution digital orthoimagery                                       
          and digital elevation data for the entire state of                                        
          Alaska.                                                                                   
                                                                                                    
                          Legislative Resolve No. 20                                               
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1766
Senator Kelly moved and asked unanimous consent that the Senate                                     
move down the calendar to Unfinished Business. Without objection,                                   
the Senate proceeded to:                                                                            
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 260                                                                                            
Senator Kelly, Cochair, Finance, moved and asked unanimous consent                                  
that the twenty-four hour notice and publication requirements be                                    
waived on CS FOR HOUSE BILL NO. 260(FIN) am COMMERCIAL                                              
PASSENGER VESSEL REGULATION & FEES, for the meeting on                                              
June 7. Without objection, it was so ordered.                                                       
                                                                                                    
                                    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 10:46 a.m.                                                                              
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 12:51 p.m.                                                                 
                                                                                                    
                                Announcements                                                    
                                                                                                    
Senator Therriault, Chair, moved and asked unanimous consent that                                   
the twenty-four hour notice and publication requirements be waived                                  
for the Legislative Budget and Audit Committee meeting on June 7.                                   
Without objection, it was so ordered.                                                               
                                                                                                    
                                                                                                    
                                    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 12:58 p.m.                                                                              
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 6:51 p.m.                                                                  

2001-06-07                     Senate Journal                      Page 1767
President Halford stated the Senate would return to Messages from the                               
House. Without objection, the Senate returned to:                                                   
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SCR 14                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 14                                                       
          Establishing the Joint Committee on Natural Gas                                           
          Pipelines.                                                                                
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 15                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 15                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 177, placing certain                                            
          special interest organizations within the definition of                                   
          "group" for purposes of Alaska's campaign finance                                         
          statutes; and requiring disclosure of the true source of                                  
          campaign contributions.                                                                   
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 19                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          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                                     

2001-06-07                     Senate Journal                      Page 1768
          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.                                          
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SJR 21                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          CS FOR SENATE JOINT RESOLUTION NO.                                                        
          21(HES) Urging the United States Congress to                                              
          extend the authorization date for supplemental block                                      
          grants to the State of Alaska under the Federal                                           
          Temporary Assistance to Needy Families Program.                                           
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SJR 28                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          CS FOR SENATE JOINT RESOLUTION NO.                                                        
          28(HES) Urging dissemination of information about                                         
          the costs of long-term care services and the                                              
          availability of long-term care insurance for                                              
          individuals.                                                                              
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SB 86                                                                                             
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 86(FIN) "An Act                                                    
             relating to employment of teachers who have subject-                                  
           matter expertise; and providing for an effective date."                                 
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    

2001-06-07                     Senate Journal                      Page 1769
SB 193                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 193(FIN) "An Act                                                   
          making a special appropriation to the Alaska                                              
          Legislative Council for a study of the economic and                                       
          social effects of the permanent fund dividend on the                                      
          state; and providing for an effective date."                                              
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 198                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 198(HES) "An Act                                                   
          establishing the Statewide Suicide Prevention                                             
          Council; and providing for an effective date."                                            
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 218                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 218(TRA) am "An Act                                                
          relating to international airports revenue bonds and                                      
          requiring that the spending plan for the International                                    
          Airports Construction Fund include information                                            
          about the amounts spent during the previous fiscal                                        
          year for cost overruns on certain projects and the                                        
          identification of time delays on certain projects;                                        
          relating to customer facility charges to fund facilities                                  
          in airports to be constructed without using                                               
          international airport revenue bonds; and providing for                                    
          an effective date."                                                                       
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    

2001-06-07                     Senate Journal                      Page 1770
HCR 17                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE CONCURRENT                                                         
RESOLUTION NO. 17(RES), thus adopting:                                                              
                                                                                                    
          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.                                                                      
                                                                                                    
HJR 23                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO.                                               
23(STA) Advocating the retention of the electoral college system in its                             
present form, thus adopting:                                                                        
                                                                                                    
          SENATE CS FOR CS FOR HOUSE JOINT                                                          
          RESOLUTION NO. 23(STA) Advocating the                                                     
          retention of the electoral college system in its present                                  
          form.                                                                                     
                                                                                                    
HB 65                                                                                             
Message dated May 8 was received, stating:                                                          
                                                                                                    
The Speaker has granted limited powers of free conference to the                                    
Conference Committee considering CS FOR HOUSE BILL NO.                                              
65(HES) "An Act relating to a new optional group of persons eligible                                
for medical assistance who require treatment for breast or cervical                                 
cancer; and providing for an effective date" and SENATE CS FOR CS                                   
FOR HOUSE BILL NO. 65(HES) am S (same title) on the following                                       
specific points:                                                                                    
                                                                                                    
Page 1, line 9, following "assistance" insert:                                                      
     "whenever they are eligible for coverage under 42 USC                                          
     1396a(a)(10)(A)(ii)(XVIII) if they apply for the                                               
     assistance before the date that is two years after the                                         
     effective date of this Act"                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1771
Page 2, line 30:                                                                                    
 Delete all material.                                                                               
                                                                                                    
Message dated May 8 was read, stating the House has adopted the                                     
report of the Conference Committee with limited powers of free                                      
conference considering CS FOR HOUSE BILL NO. 65(HES) and                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 65(HES) am S, thus                                              
adopting:                                                                                           
                                                                                                    
          CONFERENCE CS FOR HOUSE BILL NO. 65 "An                                                   
          Act relating to a new optional group of persons                                           
          eligible for medical assistance who require treatment                                     
          for breast or cervical cancer; and providing for an                                       
          effective date."                                                                          
                                                                                                    
The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 65                                              
on May 8 (page 1717).                                                                               
                                                                                                    
HB 90                                                                                             
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 90(FIN), thus                                             
adopting:                                                                                           
                                                                                                    
          CS FOR HOUSE BILL NO. 90(FIN) am S "An Act                                                
          relating to reimbursement of municipal bonds for                                          
          school construction; and providing for an effective                                       
          date."                                                                                    
                                                                                                    
HB 101                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 101(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          101(HES) "An Act relating to charter schools; and                                         
          providing for an effective date."                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1772
HB 102                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 102(JUD), thus                                            
adopting:                                                                                           
                                                                                                    
          CS FOR HOUSE BILL NO. 102(JUD) am S "An Act                                               
          relating to the theft of propelled vehicles."                                             
                                                                                                    
HB 103                                                                                            
Message dated May 8 was read, stating the House has adopted the                                     
report of the Conference Committee with limited powers of free                                      
conference considering CS FOR HOUSE BILL NO. 103(FIN)(brf sup                                       
maj fld) and SENATE CS FOR CS FOR HOUSE BILL NO.                                                    
103(FIN)(brf sup maj fld S), thus adopting:                                                         
                                                                                                    
          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."                                                         
                                                                                                    
The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 103                                             
on May 8 (page 1744).                                                                               
                                                                                                    
HB 104                                                                                            
Message dated May 8 was read, stating the House has adopted the                                     
report of the Conference Committee with limited powers of free                                      
conference considering CS FOR HOUSE BILL NO. 104(FIN) and                                           
SENATE CS FOR CS FOR HOUSE BILL NO. 104(FIN)(brf sup maj                                            
fld S), thus adopting:                                                                              
                                                                                                    
          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."                                                                   
                                                                                                    
The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 104                                             
on May 8 (page 1745).                                                                               
                                                                                                    

2001-06-07                     Senate Journal                      Page 1773
HB 113                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 113(HES) am, thus                                         
adopting:                                                                                           
                                                                                                    
          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."                                                         
                                                                                                    
HB 115                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to 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" thus adopting:                                                                                
                                                                                                    
          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)                                                       
                                                                                                    
HB 112                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 121(L&C), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          121(JUD) "An Act relating to the issuance of                                              
          qualified charitable gift annuities."                                                     
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1774
HB 127                                                                                            
Message dated May 8 was read, stating the House has adopted the                                     
report of the Conference Committee with limited powers of free                                      
conference considering CS FOR HOUSE BILL NO. 127(RLS) and                                           
SENATE CS FOR CS FOR HOUSE BILL NO. 127(TRA) am S, thus                                             
adopting:                                                                                           
                                                                                                    
                   2d CONFERENCE CS FOR HOUSE BILL NO. 127                                         
                "An Act relating to aviation and to emergency                                      
          equipment to be carried on aircraft."                                                     
                                                                                                    
The Senate adopted 2d CONFERENCE CS FOR HOUSE BILL NO.                                              
127 on May 8 (page 1731).                                                                           
                                                                                                    
HB 132                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 132(2d RLS)(efd                                           
am), thus adopting:                                                                                 
                                                                                                    
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."                                                                                    
                                                                                                    
HB 172                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to 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" thus adopting:                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1775
          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)                                                                  
                                                                                                    
HB 177                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendments to CS FOR HOUSE BILL NO. 177(STA) "An                                             
Act placing certain special interest organizations within the definition                            
of 'group' for purposes of Alaska's campaign finance statutes; and                                  
requiring disclosure of the true source of campaign contributions" thus                             
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          177(RLS) am S "An Act regulating nongroup entities                                        
          and certain tax-exempt organizations under Alaska's                                       
          election campaign finance statutes; and requiring                                         
          disclosure of the true source of campaign                                                 
            contributions."   (Title change authorized by SCR 15)                                  
                                                                                                    
HB 184                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 184(JUD) am, thus                                         
adopting:                                                                                           
                                                                                                    
          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."                                                                   
                                                                                                    
HB 193                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 193(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          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."                                           

2001-06-07                     Senate Journal                      Page 1776
HB 234                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendments to CS FOR HOUSE BILL NO. 234(FIN) am, thus                                        
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          234(FIN) am S "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."                                            
                                                                                                    
HB 242                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 242(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          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."                                                                   
                                                                                                    

2001-06-07                     Senate Journal                      Page 1777
HB 244                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 244(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          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."                                                         
                                                                                                    
HB 250                                                                                            
Message dated May 8 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 250(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR 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."                                                                          
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
HB 260                                                                                            
The Transportation Committee considered CS FOR HOUSE BILL                                           
NO. 260(FIN) am "An Act requiring the owners or operators of certain                                
commercial passenger vessels operating in the marine waters of the                                  
state to register with the Department of Environmental Conservation;                                
establishing information-gathering, record keeping, and reporting                                   
requirements relating to the vessels' graywater, sewage, hazardous                                  
substances, hazardous wastes, solid wastes, and other pollutants;                                   
establishing certain sampling, testing, reporting, and record-keeping                               
requirements as terms and conditions of permitting discharges from                                  

2001-06-07                     Senate Journal                      Page 1778
the vessels; authorizing the Department of Environmental                                            
Conservation to provide for independent verification of compliance by                               
the vessels, and to monitor and supervise discharges from the vessels;                              
prohibiting the discharge of untreated sewage from the vessels;                                     
placing limits on discharges of treated sewage and graywater from the                               
vessels; providing that there is no audit report privilege for complying                            
with a requirement that the owner or operator of a commercial                                       
passenger vessel must report discharges of sewage or graywater that                                 
violate laws; establishing a fee, ranging from $.70 - $1.75 per berth,                              
with a maximum of $3,750 per voyage, on commercial passenger                                        
vessels that are not operated by the state for each voyage during which                             
the vessels operate in the marine waters of the state based on the                                  
overnight accommodation capacity of the vessels determined with                                     
reference to the number of lower berths; providing for a fee for vessels                            
operated by the state to be determined by an agreement between the                                  
commissioner of environmental conservation and the commissioner of                                  
transportation and public facilities; authorizing the Department of                                 
Environmental Conservation to research, monitor, and study                                          
discharges and releases from commercial passenger vessels, including                                
the opacity of air emissions from the vessels; establishing penalties for                           
failure to comply with certain laws relating to the vessels; authorizing                            
the Department of Environmental Conservation to encourage and                                       
recognize superior environmental protection efforts related to                                      
commercial passenger vessels; authorizing the Department of                                         
Environmental Conservation to adopt regulations to implement laws                                   
relating to commercial passenger vessels and directing the department                               
to use negotiated regulation procedures, when appropriate, to develop                               
the regulations; establishing a commercial passenger vessel coastal                                 
protection fund; requiring a report from the Department of                                          
Environmental Conservation concerning matters relating to the                                       
vessels; and providing for an effective date" and recommended it be                                 
replaced with                                                                                       
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
                260(TRA) "An Act relating to marine passenger                                      
          vessels; and providing for an effective date."                                            
          (Title Change Authorized by SCR 18)                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1779
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Environmental Conservation                                        
 Fiscal Note No. 3, Department of Transportation and Public                                         
  Facitities                                                                                        
 Fiscal Note No. 4, Department of Law                                                               
                                                                                                    
Signing do pass: Senator Cowdery, Chair. Signing no                                                 
recommendation: Senators Wilken, Taylor, Ward. Signing do not pass:                                 
Senator Elton.                                                                                      
                                                                                                    
The bill was referred to the Resources Committee.                                                   
                                                                                                    
                                  Citations                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
following citations be made a special order of business. Without                                    
objection, it was so ordered.                                                                       
                                                                                                    
                          Special Order of Business                                              
                                                                                                    
Honoring - Frank J. Dillon                                                                          
Senator(s) Donley, Phillips, Hoffman, Ward, Pearce, Green, Kelly,                                   
Taylor, Austerman, Lincoln, Davis, Elton, Halford, Leman                                            
                                                                                                    
Honoring - Birchwood Dynamics Choral Group                                                          
Representative(s) Dyson                                                                             
Senator(s) Halford, Elton, Davis, Lincoln, Austerman, Taylor, Kelly,                                
Green, Pearce, Hoffman, Ward, Leman, Phillips                                                       
                                                                                                    
In Memoriam - Elizabeth R. "Pinky" Folger                                                           
Senator(s) Lincoln, Pearce, Green, Kelly, Taylor, Austerman, Davis,                                 
Elton, Halford, Hoffman, Ward, Leman                                                                
                                                                                                    
In Memoriam - Walter H. Day                                                                         
Representative(s) Harris                                                                            
Senator(s) Lincoln, Hoffman, Ward, Pearce, Green, Kelly, Taylor,                                    
Austerman, Davis, Elton, Halford, Leman                                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1780
In Memoriam - Joseph "Toshi" Nishimura                                                              
Representative(s) Mulder                                                                            
Senator(s) Phillips, Pearce, Green, Kelly, Taylor, Austerman, Lincoln,                              
Davis, Elton, Halford, Hoffman, Ward, Leman                                                         
                                                                                                    
Senator Leman moved and asked unanimous consent that the citations                                  
be adopted. Without objection, the citations were adopted and referred                              
to the Secretary for transmittal.                                                                   
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 260                                                                                            
Senator Torgerson, Chair, moved and asked unanimous consent that                                    
the Resources Committee referral be waived on CS FOR HOUSE                                          
BILL NO. 260(FIN) am COMMERCIAL PASSENGER VESSEL                                                    
REGULATION & FEES. Without objection, the bill was referred to                                      
the Finance Committee.                                                                              
                                                                                                    
Senator Green moved and asked unanimous consent to be excused                                       
from a call of the Senate from morning plane time, June 8 through                                   
June 14. Without objection, Senator Green was excused.                                              
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SCR 18                                                                                            
SENATE CONCURRENT RESOLUTION NO. 18 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 260, relating to commercial                                  
passenger vessels so that the title may read "An Act relating to marine                             
passenger vessels; and providing for an effective date" was engrossed,                              
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1781
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., June 8, 2001. Without                                        
objection, the Senate adjourned at 7:00 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    June 2001                       

2001-06-07                     Senate Journal                      Page 1782
                                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                                                       
                                                                                                    
Jun 07        Thursday                  Senate Finance 532                                        
              -- Rescheduled to 6/8/01 --                                                           
= HB 260 COMMER.PASSENGER VESSEL REGULATION & FEES                                                  
              Uniform Rule 23 Waived                                                                
                                                                                                    
Jun 08        Friday                    Senate Finance 532          10:00 AM                      
              -- Rescheduled from 6/7/01 --                                                         
+ HB 260 COMMER.PASSENGER VESSEL REGULATION & FEES                                                  
              Uniform Rule 23 Waived                                                                
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Jun 07        Thursday                        Butrovich 205           1:30 PM                     
              Recessed to a Call of the Chair                                                       
              Current Status of Katie John Appeal                                                   
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Jun 07        Thursday                        Butrovich 205           3:30 PM                     
+ HB 260 COMMER.PASSENGER VESSEL REGULATION & FEES                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1783
                                TRANSPORTATION                                                   
                                                                                                    
Jun 07        Thursday                        Butrovich 205           2:00 PM                     
              -- Time Change --                                                                     
+= HB 260 COMMER.PASSENGER VESSEL REGULATION & FEES                                                 
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Jun 07        Thursday                   House Finance 519            3:30 PM                     
              -- Rescheduled from 6/8/01 --                                                         
              Budget Request                                                                        
              Uniform Rule 23 Waived                                                                
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Jun 08        Friday                     House Finance 519            9:00 AM                     
              -- Meeting Canceled --                                                                
              -- Agenda to be Announced --                                                          
                   ----------------------------------------                                        
                                                                                                    
                            NATURAL GAS PIPELINES                                                
                                                                                                    
Jun 07        Thursday                              Beltz 211         2:00 PM                     
              Organizational Meeting                                                                
              (Pending Appointment of Committee)                                                    
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                             FISCAL POLICY CAUCUS                                                
                                                                                                    
Jun 08        Friday                     House Finance 519            2:00 PM                     
              Work Session                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2001-06-07                     Senate Journal                      Page 1784
                               MAJORITY CAUCUS                                                   
                                                                                                    
Jun 07        Thursday                           Capitol 107        10:45 AM                      
                                                                                                    
Jun 08        Friday                             Capitol 107          9:00 AM                     
                   ----------------------------------------                                        
                                                                                                    
                               MINORITY CAUCUS                                                   
                                                                                                    
Jun 07        Thursday                              Beltz 211       10:45 AM