Legislature(2001 - 2002)
2001-04-02 Senate Journal
Full Journal pdf2001-04-02 Senate Journal Page 0897 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday April 2, 2001 Eighty-fifth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:26 a.m. The roll showed eighteen members present. Senators Cowdery, Davis were absent. The prayer was offered by the Chaplain, Jesse Kiehl of the Juneau Jewish Community. Senator Donley led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journals for the eighty-second through eighty-fourth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Senator Leman moved and asked unanimous consent that Senator Cowdery be excused from a call of the Senate. Without objection, Senator Cowdery was excused. Messages from the Governor Letter dated March 29 and received March 30 was read, stating in accordance with AS 39.05.080, I submit the following names for legislative confirmation of appointment to the boards and commissions noted: 2001-04-02 Senate Journal Page 0898 Alcoholic Beverage Control Board Duane S. Udland - Anchorage Appointed: 03/27/01 Expires: 03/01/04 The appointment was referred to the Labor and Commerce Committee. Board of Dental Examiners Rena L. Anderson - Anchorage Appointed: 09/12/00 Reappointed: 03/27/01 Expires: 03/01/05 Dr. James Blasingame - Anchorage Appointed: 04/03/98 Reappointed: 03/27/01 Expires: 03/01/05 Dr. Patricia Bergdahl - Fairbanks Appointed: 03/27/01 Expires: 03/01/03 The appointments were referred to the Health, Education and Social Services Committee. State Commission for Human Rights Martha Gore - Anchorage Appointed: 05/15/96 Reappointed: 03/27/01 Expires: 03/01/06 The appointment was referred to the State Affairs Committee. Alaska Judicial Council Eleanor Andrews - Anchorage Appointed: 11/15/00 Reappointed: 03/28/01 Expires: 03/01/07 The appointment was referred to the Judiciary Committee. State Medical Board Sheila Means - Juneau Appointed: 06/02/98 Reappointed: 03/27/01 Expires: 03/01/05 Dr. David Head - Nome Appointed: 03/27/01 Expires: 03/01/04 The appointments were referred to the Health, Education and Social Services Committee. 2001-04-02 Senate Journal Page 0899 Alaska Mental Health Trust Authority Board of Trustees John Pugh - Juneau Appointed: 03/03/95 Reappointed: 05/15/96, 03/27/01 Expires: 03/01/06 The appointment was referred to the Health, Education and Social Services Committee. Board of Certified Direct-Entry Midwives Sharon Evans - Chugiak Appointed: 03/27/01 Expires: 03/01/04 The appointment was referred to the Health, Education and Social Services Committee. Board of Nursing Mary S. (Sue) Nikodym -Wrangell Appointed: 03/27/01 Expires: 03/01/04 The appointment was referred to the Health, Education and Social Services Committee. Occupational Safety and Health Review Board The Honorable Cliff Davidson - Kodiak Appointed: 06/05/00 Reappointed: 03/27/01 Expires: 03/01/05 The appointment was referred to the Labor and Commerce Committee. Professional Teaching Practices Commission Cynthia Curran - Juneau Appointed: 03/27/01 Expires: 03/01/03 The appointment was referred to the Health, Education and Social Services Committee. 2001-04-02 Senate Journal Page 0900 Board of Fisheries Russell Nelson - Dillingham Appointed: 03/21/98 Reappointed: 03/30/01 Expires: 06/30/04 Dr. John White - Bethel Appointed: 02/09/95 Reappointed: 03/21/98, 03/30/01 Expires: 06/30/04 The appointments were referred to the Resources Committee. The resumes for these appointments have been submitted to the offices of the Senate Secretary and the House Chief Clerk. Messages from the House Message dated March 30 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 19 HOUSE JOINT RESOLUTION NO. 19 BY THE HOUSE RESOURCES COMMITTEE, 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. was read the first time and referred to the Resources Committee. SB 64 Message dated March 30 was read, stating the House passed CS FOR SENATE BILL NO. 64(FIN) with the following amendment: Page 1, lines 10-11 Delete all material. Renumber the following paragraphs accordingly. 2001-04-02 Senate Journal Page 0901 and so, CS FOR SENATE BILL NO. 64(FIN) am H "An Act relating to the award of a high school diploma to certain World War II veterans," is returned for consideration. Senator Leman moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment?" The roll was taken with the following result: CSSB 64(FIN) am H Shall the Senate concur in the House amendment to CSSB 64(FIN)? YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Cowdery Absent: Davis and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE BILL NO. 64(FIN) am H "An Act relating to the award of a high school diploma to certain World War II veterans." The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Communications The following report is on file in the Office of the Secretary of the Senate: Alaska Housing Finance Corporation Review and Report of Corporate Assets, June 30, 2000 from Dan Fauske, CEO/Executive Director in accordance with AS 18.56.089(b) 2001-04-02 Senate Journal Page 0902 Standing Committee Reports SB 60 The Judiciary Committee considered SENATE BILL NO. 60 "An Act relating to agricultural facilities and operations as private nuisances; and to disclosures in transfers of real property located within one mile of an agricultural facility or an agricultural operation" and recommended it be replaced with CS FOR SENATE BILL NO. 60(JUD) "An Act relating to agricultural facilities and operations as private nuisances; and to disclosures in transfers of certain real property located within one mile of an agricultural facility or an agricultural operation." The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Natural Resources Fiscal Note No. 2, zero, Department of Natural Resources Signing do pass: Senator Taylor, Chair, Senators Donley, Therriault. The bill was referred to the Rules Committee. SB 143 The Rules Committee considered SENATE BILL NO. 143 "An Act authorizing the Department of Natural Resources to enter into agreements with a person or persons desiring to own an oil or natural gas pipeline proposed to be located on state land for the purposes of providing for payment of the reasonable costs incurred in preparing for activities before receipt of an application under the Alaska Right-of- Way Leasing Act and for activities relating to the processing of an application under that Act; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Therriault, Ellis, Phillips. The bill is on today's calendar. 2001-04-02 Senate Journal Page 0903 SB 156 The Rules Committee considered SENATE BILL NO. 156 "An Act amending the Alaska Land Act to clarify the requirement of a single written best interest finding required for the sale, lease, or other disposal of state land or resources or an interest in them, and relating to certain disposals involving multiphased development; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Ellis, Phillips, Therriault. The bill is on today's calendar. SB 164 The Rules Committee considered SENATE BILL NO. 164 "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." Signing to calendar: Senator Pearce, Chair, Senators Phillips, Therriault, Ellis. The bill is on today's calendar. Introduction and Reference of Senate Bills SB 173 SENATE BILL NO. 173 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: "An Act relating to the use of pharmaceutical agents in the practice of optometry; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Labor and Commerce Committees. 2001-04-02 Senate Journal Page 0904 Consideration of the Calendar Second Reading of Senate Bills SB 143 SENATE BILL NO. 143 "An Act authorizing the Department of Natural Resources to enter into agreements with a person or persons desiring to own an oil or natural gas pipeline proposed to be located on state land for the purposes of providing for payment of the reasonable costs incurred in preparing for activities before receipt of an application under the Alaska Right-of-Way Leasing Act and for activities relating to the processing of an application under that Act; and providing for an effective date" was read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 143 was read the third time. The question being: "Shall SENATE BILL NO. 143 "An Act authorizing the Department of Natural Resources to enter into agreements with a person or persons desiring to own an oil or natural gas pipeline proposed to be located on state land for the purposes of providing for payment of the reasonable costs incurred in preparing for activities before receipt of an application under the Alaska Right-of- Way Leasing Act and for activities relating to the processing of an application under that Act; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 143 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Cowdery Absent: Davis 2001-04-02 Senate Journal Page 0905 and so, SENATE BILL NO. 143 passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 156 SENATE BILL NO. 156 "An Act amending the Alaska Land Act to clarify the requirement of a single written best interest finding required for the sale, lease, or other disposal of state land or resources or an interest in them, and relating to certain disposals involving multiphased development; and providing for an effective date" was read the second time. Senator Torgerson, Chair, moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 855. Without objection, CS FOR SENATE BILL NO. 156(RES) was adopted and read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 156(RES) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 156(RES) "An Act amending the Alaska Land Act to clarify the requirement of a single written best interest finding required for the sale, lease, or other disposal of state land or resources or an interest in them, and relating to certain disposals involving multiphased development; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-04-02 Senate Journal Page 0906 CSSB 156(RES) Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 4 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Donley, Green, Halford, Kelly, Leman, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Ellis, Elton, Hoffman, Lincoln Excused: Cowdery Absent: Davis and so, CS FOR SENATE BILL NO. 156(RES) passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. SB 164 SENATE BILL NO. 164 "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" was read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 164 was read the third time. The question being: "Shall SENATE BILL NO. 164 "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" pass the Senate?" The roll was taken with the following result: 2001-04-02 Senate Journal Page 0907 SB 164 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Cowdery Absent: Davis and so, SENATE BILL NO. 164 passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - Morris Thompson Senator(s) Lincoln, Phillips, Hoffman, Olson, Wilken, Ellis, Pearce, Leman, Elton, Davis, Austerman, Taylor, Kelly, Green Honoring - Mount Edgecumbe Braves Basketball Team Representative(s) Joule Senator(s) Taylor, Wilken, Hoffman, Olson, Ellis, Pearce, Leman, Elton, Davis, Lincoln, Austerman, Kelly, Green Honoring - Cordova Judo Team Representative(s) Harris Senator(s) Lincoln, Hoffman, Olson, Wilken, Pearce, Leman, Elton, Davis, Austerman, Taylor, Kelly, Green In Memoriam - George Robert "Bob" Andersen, Jr. Representative(s) Harris Senator(s) Lincoln, Hoffman, Olson, Wilken, Pearce, Leman, Elton, Davis, Austerman, Taylor, Kelly, Green 2001-04-02 Senate Journal Page 0908 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 Senator Therriault moved and asked unanimous consent to be excused from a call of the Senate from July 23 through August 18. Without objection, Senator Therriault was excused. Announcements Announcements are at the end of the journal. Engrossment SB 143 SENATE BILL NO. 143 "An Act authorizing the Department of Natural Resources to enter into agreements with a person or persons desiring to own an oil or natural gas pipeline proposed to be located on state land for the purposes of providing for payment of the reasonable costs incurred in preparing for activities before receipt of an application under the Alaska Right-of-Way Leasing Act and for activities relating to the processing of an application under that Act; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 164 SENATE BILL NO. 164 "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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2001-04-02 Senate Journal Page 0909 Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 3, 2001. Without objection, the Senate adjourned at 11:59 a.m. Heidi Vogel Secretary of the Senate April 2001 2001-04-02 Senate Journal Page 0910 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 COMMUNITY & REGIONAL AFFAIRS Apr 02 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Apr 04 Wednesday Fahrenkamp 203 1:30 PM + HB 16 HOME RULE COMMUNITIES Apr 06 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Apr 02 Monday Senate Finance 532 9:00 AM += HB 103 APPROP: OPERATING BUDGET += HB 104 APPROP: MENTAL HEALTH BUDGET Apr 02 Monday Senate Finance 532 1:30 PM + Continuation of 9 a.m. meeting, if needed Apr 03 Tuesday Senate Finance 532 9:00 AM = HB 103 APPROP: OPERATING BUDGET = HB 104 APPROP: MENTAL HEALTH BUDGET Bills Previously Heard/Scheduled Apr 04 Wednesday Senate Finance 532 9:00 AM = HB 103 APPROP: OPERATING BUDGET = HB 104 APPROP: MENTAL HEALTH BUDGET Bills Previously Heard/Scheduled 2001-04-02 Senate Journal Page 0911 FINANCE (continued) Apr 05 Thursday Senate Finance 532 9:00 AM += HB 103 APPROP: OPERATING BUDGET += HB 104 APPROP: MENTAL HEALTH BUDGET + SB 154 REPEAL SUNSET OF MENTAL HEALTH ASSISTANCE += SB 136 RESOURCE DEVELOPMENT: BD./GRANTS/FUND += SB 123 LEGISLATIVE APPROVAL:RAILROAD FACILITIES + Bills Previously Heard/Scheduled Apr 06 Friday Senate Finance 532 9:00 AM += HB 103 APPROP: OPERATING BUDGET += HB 104 APPROP: MENTAL HEALTH BUDGET + SB 172 COURT SYSTEM ANNUAL REPORT + HB 118 SR. CIT./VETERAN PROPERTY TAX EXEMPTION + SB 158 REPORT:STATE PARTICIPATE IN NAT GAS PIPE. + SB 3 APPROP:ENV.ASSESS. NORTHERN DENALI ACCESS + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 02 Monday Butrovich 205 1:30 PM -- Meeting Postponed to 2:00 pm -- + SB 149 TEACHER/HEALTH CARE PROVIDER INCENTIVES + SB 155 STUDENT LOANS/ COMN. ON POSTSECONDARY ED. += SB 91 ABORTION: INFORMED CONSENT;INFORMATION Bills Previously Heard/Scheduled Apr 04 Wednesday Butrovich 205 1:30 PM + Discussion of Medicaid Directions + SB 135 MENTAL HEALTH INFORMATION AND RECORDS Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 02 Monday Beltz 211 1:30 PM + HB 13 SERVICE AREAS:VOTER APPROVAL/TAX ZONES + SJR 22 CONST. AM: JUDICIAL OFFICERS' TERMS 2001-04-02 Senate Journal Page 0912 JUDICIARY (continued) Apr 04 Wednesday Beltz 211 1:30 PM + SB 161 NO PAY FOR JUDGES UNTIL DECISION + SB 166 APPOINTMENT OF US SENATORS Apr 06 Friday Beltz 211 1:30 PM + HB 150 INSURANCE PREMIUMS FOR RENTAL VEHICLES ---------------------------------------- LABOR & COMMERCE Apr 03 Tuesday Beltz 211 1:30 PM += SB 66 FINANCIAL INSTITUTIONS + SB 50 EXTENDING BOARD OF VETERINARY EXAMINERS Apr 05 Thursday Beltz 211 1:30 PM += SB 138 INSURANCE CODE AMENDMENTS + SB 30 UNEMPLOYMENT COMPENSATION BENEFITS ---------------------------------------- RESOURCES Apr 02 Monday Butrovich 205 3:30 PM + SB 76 RIGHT-OF-WAY LEASING ACT: TERM & RENEWAL += SB 121 RIGHT-OF-WAY LEASING ACT += SB 148 REMOTE WATER STORAGE FOR FIRE DEPARTMENTS + SB 141 AQUATIC FARMS FOR SHELLFISH Bills Previously Heard/Scheduled Apr 04 Wednesday Butrovich 205 3:30 PM + SB 35 ELECTRONIC FISH & GAME LICENSURE + SB 139 STATE WATER USE + SB 167 AGRICULTURAL LAND + Bills Previously Heard/Scheduled 2001-04-02 Senate Journal Page 0913 RESOURCES (continued) Apr 06 Friday Butrovich 205 3:30 PM + Governor's Confirmations: Bruce C. Twomley, AK CFEC William H. Dennerlein, Board of Game Ben Grussendorf, Board of Game Dr. Julie Maier, Board of Game Julie M. Heusser, AK Oil and Gas Conservation Commission += SB 140 SMALL WATER-POWER DEVELOPMENT PROJECTS + SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Apr 03 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Apr 05 Thursday Beltz 211 3:30 PM HJR 22 DIVERSE COMMUNITY/CONDEMN HATE CRIMES SB 34 COMMISSIONERS' SALARIES Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 03 Tuesday Butrovich 205 1:30 PM + Rights of Way & Transportation Corridors: Richard Odsather = SB 44 ALASKA TOLL BRIDGE AND CAUSEWAY AUTHORITY = SB 45 APPROP: DESIGN OF KNIK ARM CROSSING Apr 05 Thursday Butrovich 205 1:30 PM + HB 8 LEGIS.PIONEER ROAD DEVELOPMENT TASK FORCE + SB 130 ALASKA MARINE HIGHWAY AUTHORITY ---------------------------------------- 2001-04-02 Senate Journal Page 0914 JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Apr 03 Tuesday Capitol 102 2:45 PM + Review Proposed and Approved Regulations Apr 10 Tuesday Capitol 102 2:45 PM + To Be Announced Apr 17 Tuesday Capitol 102 2:45 PM + To Be Announced ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Apr 02 Monday House Finance 519 12:00 PM -- Meeting Postponed to 4/3/01-- -- Teleconference <Listen Only> -- + Presentation by Gail Phillips: Regional Learning Center Study Apr 03 Tuesday House Finance 519 12:00 PM -- Rescheduled from 4/2/01 -- -- Teleconference <Listen Only> -- + Presentation by Gail Phillips: Regional Learning Center Study ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Apr 03 Tuesday Fahrenkamp 203 12:00 PM + Child Abuse Prevention Network Apr 10 Tuesday Fahrenkamp 203 12:00 PM + Alaskans for Tobacco-Free Kids Apr 17 Tuesday Fahrenkamp 203 12:00 PM + ASSETS: Building a framework for development of youth 2001-04-02 Senate Journal Page 0915 CHILDREN'S CAUCUS (continued) Apr 24 Tuesday Fahrenkamp 203 12:00 PM + Alaska Humanities Forum: Intrastate Urban/Rural Student Exchange ---------------------------------------- FISCAL POLICY CAUCUS Apr 04 Wednesday Fahrenkamp 203 8:00 AM Apr 06 Friday Butrovich 205 8:00 AM ---------------------------------------- FISH CAUCUS Apr 02 Monday Butrovich 205 12:00 PM -- Rescheduled from 3/30/01 -- + Overview of Salmon Hatcheries Apr 06 Friday Butrovich 205 12:00 PM Local Area Management Plans ---------------------------------------- JOINT SESSION Apr 11 Wednesday House Chamber 11:00 AM US Senator Ted Stevens' Annual Message