Legislature(2001 - 2002)
2001-04-05 Senate Journal
Full Journal pdf2001-04-05 Senate Journal Page 0953 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday April 5, 2001 Eighty-eighth Day Pursuant to adjournment the Senate was called to order by President Halford at 4:56 p.m. The roll showed eighteen members present. Senators Cowdery, Green were absent. The prayer was offered by the Chaplain, Jesse Kiehl of the Juneau Jewish Community. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O God, Who is the truth of the world, we give thanks and praise for the successful operation of Juanita Cowdery, wife of Senator Cowdery. And for the continued healing we pray will come, we give our blessings. Ata kadosh v'shimcha kadosh u'kedoshim bechol-yom yehalelucha selah. Baruch ata, Adonai, ha-eil hakadosh. You are holy, Your Name is holy, and those who strive to be holy declare Your glory day by day. Blessed is the Eternal, the holy God. We pray for sanctification in our lives and our work, Oh God, for eyes opened to what is right and just, for hearts prepared to serve You in truth. Each person strives to be holy. Our pursuit of justice and mercy, our acts of study and service and loving kindness are themselves a blessing on our families, our communities, and ourselves. 2001-04-05 Senate Journal Page 0954 Kadosh, kadosh, kadosh, Adonai tsvaot, m'lo kol ha- aretz k'vodo. Holy, holy, holy is the God of hosts. The fullness of the earth is God's glory. Senator Leman led the Senate in the Pledge of Allegiance. Senator Leman moved and asked unanimous consent that Senator Cowdery be excused from a call of the Senate. Without objection, Senator Cowdery was excused. Certification Senator Leman moved and asked unanimous consent that the journal for the eighty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SB 112 Message dated April 4 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 112(FIN) "An Act placing certain employees of the Alaska Mental Health Trust Authority in the exempt service; establishing a minimum salary for the long term care ombudsman; and providing for an effective date." The bill was referred to the Secretary for enrollment. HCR 5 Message dated April 4 was read, stating the House concurred in the Senate amendment to HOUSE CONCURRENT RESOLUTION NO. 5(title am), thus adopting: 2001-04-05 Senate Journal Page 0955 SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(STA) Proposing amendments to Uniform Rules 20(a), 37, and 49(a)(4) of the Alaska State Legislature. Message dated April 4 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 1 CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(RLS) am BY THE HOUSE RULES COMMITTEE, Relating to establishing a Task Force on a Statewide Comprehensive Energy Plan. was read the first time and referred to the State Affairs, Health, Education and Social Services, and Resources Committees. Standing Committee Reports SB 4 The Finance Committee considered SENATE BILL NO. 4 "An Act relating to a mandatory exemption from municipal property taxes for certain residences and to an optional exemption from municipal taxes for residential property; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 4(FIN) Signing amend: Senator Donley, Cochair, Senator Leman. Signing no recommendation: Senator Kelly, Cochair, Senators Green, Austerman, Hoffman, Olson. Signing do pass: Senator Wilken. The following fiscal information was published today: Fiscal Note No. 3, Department of Revenue The bill was referred to the Rules Committee. 2001-04-05 Senate Journal Page 0956 SB 154 The Finance Committee considered SENATE BILL NO. 154 "An Act relating to mental health treatment facilities; repealing the termination date of the mental health treatment assistance program; and providing for an effective date." Signing do pass: Senators Donley, Kelly, Cochairs, Senators Austerman, Hoffman, Green, Olson, Wilken, Leman, Ward. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Health and Social Services The bill was referred to the Rules Committee. HJR 22 The State Affairs Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) Relating to a diverse community; condemning a recent racially motivated attack; and requesting the Municipality of Anchorage police department to continue their conclusive investigation and requesting the criminal justice system to take rapid action to reach the determination of this case, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 22(STA) Signing do pass: Senator Therriault, Chair, Senators Phillips, Pearce, Davis. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Rules Committee The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 176 SENATE BILL NO. 176 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: 2001-04-05 Senate Journal Page 0957 "An Act relating to distributorships." was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. Consideration of the Calendar Third Reading of Senate Bills SB 48 CS FOR SENATE BILL NO. 48(FIN) am "An Act relating to the determination of full and true value of taxable municipal property for purposes of calculating funding for education and certain other programs, to incorporation of third class boroughs, to incorporation of certain boroughs in the unorganized borough and annexation of portions of the unorganized borough to boroughs and unified municipalities, and to the formation of separate unorganized boroughs; and providing for an effective date" was read the third time. Senator Leman moved and asked unanimous consent that CS FOR SENATE BILL NO. 48(FIN) am be held to the April 9 calendar. Without objection, it was so ordered. The presence of Senator Green was noted. Citations In Memoriam - Dean R. Dewey Senator(s) Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green, Pearce, Hoffman, Wilken, Donley, Halford Honoring - Bob Byron, Marriage Savers Senator(s) Green, Ward, Wilken, Leman, Therriault, Pearce, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Halford Honoring - Allen Kemplen Senator(s) Ellis, Phillips, Wilken, Leman, Therriault, Pearce, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Halford Representative(s) Guess 2001-04-05 Senate Journal Page 0958 Honoring - Matanuska-Susitna Borough School District, Career Pathways Representative(s) Ogan Senator(s) Green, Ward, Wilken, Leman, Pearce, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Halford Honoring - UAF Women's Basketball Team Representative(s) Hayes, Davies Senator(s) Wilken, Ward, Leman, Therriault, Pearce, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Halford Honoring - Janet Tobuk Representative(s) Foster Senator(s) Olson, Ward, Wilken, Leman, Pearce, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Halford th Honoring - City of Nome, 100 Anniversary Representative(s) Foster Senator(s) Olson, Phillips, Ward, Wilken, Leman, Ellis, Pearce, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Halford, Donley Honoring - Erik Oliver Dawson, Eagle Scout Representative(s) Berkowitz Senator(s) Phillips, Wilken, Leman, Ellis, Therriault, Pearce, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Elton, Hoffman, Ward, Halford, Donley In Memoriam - Vern V. Hirsch, Jr. Representative(s) Kerttula, Hudson Senator(s) Elton, Wilken, Leman, Pearce, Green, Kelly, Taylor, Austerman, Lincoln, Davis, Hoffman, Ward, Halford Senator Leman moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 2001-04-05 Senate Journal Page 0959 Unfinished Business Reconsideration of Senate Bills SB 60 Senator Taylor requested that the reconsideration on 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" be taken up. The bill was before the Senate on reconsideration. Senator Taylor moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Taylor offered Amendment No. 1 : Page 1, line 2: Delete "one mile" Insert "the vicinity" Page 4, line 3: Delete "one mile" Insert "the vicinity" Senator Taylor moved for the adoption of Amendment No. 1. Senator Ellis objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 60(JUD) Second Reading Amendment No. 1 YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Donley, Green, Halford, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman Excused: Cowdery 2001-04-05 Senate Journal Page 0960 and so, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 60(JUD) am was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 60(JUD) am "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" pass the Senate?" The roll was taken with the following result: CSSB 60(JUD) am Third Reading - On Reconsideration YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Davis, Donley, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Ellis, Elton Excused: Cowdery and so, CS FOR SENATE BILL NO. 60(JUD) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. SB 88 Senator Olson requested that the reconsideration on SENATE BILL NO. 88 be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE BILL NO. 88 "An Act relating to metropolitan planning organizations and to establishment of a metropolitan planning organization for the Anchorage metropolitan area; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-04-05 Senate Journal Page 0961 SB 88 Third Reading - On Reconsideration YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Davis, Donley, Green, Halford, Leman, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Elton, Hoffman, Kelly, Lincoln, Olson, Therriault Excused: Cowdery Kelly changed from "Yea" to "Nay". and so, SENATE BILL NO. 88 passed the Senate on reconsideration. Senator Leman moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SB 88 Effective Date Clause YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Cowdery and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. SB 37 The reconsideration on CS FOR SENATE BILL NO. 37(FIN) "An Act relating to collective negotiation by competing physicians with health benefit plans, to health benefit plan contracts, to the application of antitrust laws to agreements involving providers and groups of providers affected by collective negotiations, and to the effect of the collective negotiation provisions on health care providers" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 2001-04-05 Senate Journal Page 0962 Senator Ellis moved and asked unanimous consent to be excused from a call of the Senate through morning plane time on April 9. Without objection, Senator Ellis was excused. Senator Therriault moved and asked unanimous consent to be excused from a call of the Senate from evening plane time, April 6 through morning plane time, April 9. Without objection, Senator Therriault was excused. Announcements Announcements are at the end of the journal. Engrossment SB 37 CS FOR SENATE BILL NO. 37(FIN) "An Act relating to collective negotiation by competing physicians with health benefit plans, to health benefit plan contracts, to the application of antitrust laws to agreements involving providers and groups of providers affected by collective negotiations, and to the effect of the collective negotiation provisions on health care providers" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 60 CS FOR SENATE BILL NO. 60(JUD) am "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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 88 SENATE BILL NO. 88 "An Act relating to metropolitan planning organizations and to establishment of a metropolitan planning organization for the Anchorage metropolitan area; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2001-04-05 Senate Journal Page 0963 Enrollment SB 64 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" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 9:50 a.m., April 5, 2001. Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 6, 2001. Without objection, the Senate adjourned at 5:22 p.m. Heidi Vogel Secretary of the Senate April 2001 2001-04-05 Senate Journal Page 0964 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 06 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled Apr 09 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Apr 11 Wednesday Fahrenkamp 203 1:30 PM += HB 16 HOME RULE COMMUNITIES Apr 13 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE 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 2001-04-05 Senate Journal Page 0965 FINANCE (continued) 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 Apr 09 Monday Senate Finance 532 9:00 AM SB 174 EDUCATION FUNDING SB 121 RIGHT-OF-WAY LEASING ACT Bills Previously Heard/Scheduled Apr 10 Tuesday Senate Finance 532 9:00 AM HB 72 ASST.ADJUTANT GEN.: MISSILE/SPACE DEFENSE SJR 22 CONST. AM: JUDICIAL OFFICERS' TERMS <Pending Referral> SB 166 APPOINTMENT OF US SENATORS <Pending Referral> Bills Previously Heard/Scheduled Apr 11 Wednesday Senate Finance 532 9:00 AM = SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET Telecommunications Overview Bills Previously Heard/Scheduled Apr 12 Thursday Senate Finance 532 9:00 AM Senate Bill AIDEA BONDS FOR GAS PUBLIC UTILITIES <Pending Introduction and Referral> Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 09 Monday Butrovich 205 1:30 PM + Discussion of Medicaid Directions += SB 86 TEACHER EMPLOYMENT & SUBJECT EXPERTISE += SB 155 STUDENT LOANS/ COMN. ON POSTSECONDARY ED. + SB 135 MENTAL HEALTH INFORMATION AND RECORDS + SB 116 AK TEMP. ASSISTANCE PROGRAM AMENDMENTS Bills Previously Heard/Scheduled 2001-04-05 Senate Journal Page 0966 HEALTH, EDUCATION & SOCIAL SERVICES (continued) Apr 11 Wednesday Butrovich 205 1:30 PM + Continuation: Medicaid Directions Alzheimer's/Dementia Breast and Cervical Cancer Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 05 Thursday Butrovich 205 1:30 PM -- Meeting Canceled -- + SB 161 NO PAY FOR JUDGES UNTIL DECISION <Bill Held Over to 4/9/01> + SB 166 APPOINTMENT OF US SENATORS <Bill Held Over to 4/6/01> += HB 13 SERVICE AREAS:VOTER APPROVAL/TAX ZONES <Bill Held Over to 4/6/01> Uniform Rule 23 Waived += SJR 22 CONST. AM: JUDICIAL OFFICERS' TERMS <Bill Held Over to 4/6/01> Uniform Rule 23 Waived Apr 06 Friday Beltz 211 1:30 PM += SB 166 APPOINTMENT OF US SENATORS += HB 13 SERVICE AREAS:VOTER APPROVAL/TAX ZONES Uniform Rule 23 Waived += SJR 22 CONST. AM: JUDICIAL OFFICERS' TERMS Uniform Rule 23 Waived += HB 150 INSURANCE PREMIUMS FOR RENTAL VEHICLES Apr 09 Monday Beltz 211 1:30 PM + SB 91 ABORTION: INFORMED CONSENT;INFORMATION += SB 161 NO PAY FOR JUDGES UNTIL DECISION Bills Previously Heard/Scheduled Apr 11 Wednesday Beltz 211 1:30 PM += SB 145 VILLAGE PUB.SAFETY OFFICER PROGRAM += HB 150 INSURANCE PREMIUMS FOR RENTAL VEHICLES Bills Previously Heard/Scheduled Apr 13 Friday Beltz 211 1:30 PM No Meeting Scheduled 2001-04-05 Senate Journal Page 0967 LABOR & COMMERCE Apr 05 Thursday Beltz 211 1:30 PM -- Meeting Canceled -- += SB 138 INSURANCE CODE AMENDMENTS + SB 30 UNEMPLOYMENT COMPENSATION BENEFITS Apr 10 Tuesday Beltz 211 1:30 PM += SB 138 INSURANCE CODE AMENDMENTS += SB 30 UNEMPLOYMENT COMPENSATION BENEFITS + HB 81 DENTISTS/DENTAL HYGIENISTS & ASSISTANTS Apr 12 Thursday Beltz 211 1:30 PM += SB 138 INSURANCE CODE AMENDMENTS += SB 30 UNEMPLOYMENT COMPENSATION BENEFITS + SB 165 EDUCATION TAX ON EMPLOYMENT + SB 170 RAILROAD EMPLOYEE SALARIES AND WAGES + SB 168 COMMERCIAL FISHING LOAN PROGRAM ---------------------------------------- RESOURCES 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 <Bill Canceled> + SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE + Bills Previously Heard/Scheduled Apr 09 Monday Butrovich 205 3:30 PM += SB 153 UNDERGROUND STORAGE TANK LOAN FUND + HJR 19 DIGITAL ORTHOIMAGERY AND ELEVATION DATA + Bills Previously Heard/Scheduled Apr 11 Wednesday Butrovich 205 3:30 PM += SB 24 LEGIS APPROVAL OF SEAFOOD/FOOD SAFETY LAB += SB 139 STATE WATER USE + Bills Previously Heard/Scheduled 2001-04-05 Senate Journal Page 0968 RESOURCES (continued) Apr 13 Friday Butrovich 205 3:30 PM No Meeting Scheduled ---------------------------------------- STATE AFFAIRS Apr 05 Thursday Beltz 211 3:30 PM HJR 22 DIVERSE COMMUNITY/CONDEMN HATE CRIMES SB 34 COMMISSIONERS' SALARIES Bills Previously Heard/Scheduled Apr 10 Tuesday Beltz 211 3:30 PM No Meeting Scheduled Apr 12 Thursday Beltz 211 3:30 PM HB 177 CAMPAIGN FINANCE: CONTRIB/DISCLOS/GROUPS <Pending Referral> Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 05 Thursday Butrovich 205 1:30 PM -- Meeting Canceled -- HB 8 LEGIS.PIONEER ROAD DEVELOPMENT TASK FORCE SB 130 ALASKA MARINE HIGHWAY AUTHORITY Apr 10 Tuesday Butrovich 205 1:30 PM SB 152 DOTPF-RELATED CONTRACT CLAIMS = HB 8 LEGIS.PIONEER ROAD DEVELOPMENT TASK FORCE = SB 44 ALASKA TOLL BRIDGE AND CAUSEWAY AUTHORITY = SB 45 APPROP: DESIGN OF KNIK ARM CROSSING Bills Previously Heard/Scheduled Apr 12 Thursday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- 2001-04-05 Senate Journal Page 0969 FINANCE SUBCOMMITTEES NATURAL RESOURCES Apr 09 Monday Fahrenkamp 203 1:00 PM Fire Suppression/Water Scooping Aircraft ---------------------------------------- JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Apr 10 Tuesday Capitol 102 2:45 PM -- Meeting Canceled -- Apr 17 Tuesday Capitol 102 2:45 PM -- Meeting Canceled -- Apr 24 Tuesday Capitol 102 2:45 PM + Proposed/Approved Regulations + Mariculture Regulations + Department on Pioneer Homes ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS 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 Apr 24 Tuesday Fahrenkamp 203 12:00 PM + Alaska Humanities Forum: Intrastate Urban/Rural Student Exchange ---------------------------------------- 2001-04-05 Senate Journal Page 0970 FISCAL POLICY CAUCUS Apr 06 Friday Butrovich 205 8:00 AM Apr 11 Wednesday Butrovich 205 8:00 AM ---------------------------------------- FISH CAUCUS 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