Legislature(2001 - 2002)
2001-06-07 Senate Journal
Full Journal pdf2001-06-07 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