Legislature(2001 - 2002)
2001-04-18 Senate Journal
Full Journal pdf2001-04-18 Senate Journal Page 1159 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday April 18, 200 One Hundred First Day Pursuant to adjournment the Senate was called to order by President Halford at 11:46 a.m. The roll showed nineteen members present. Senator Pearce was excused from a call of the Senate. The prayer was offered by the Chaplain, Major Nila Fankhauser of The Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Although we come from different walks of life, have different beliefs and different experiences, one thing that we do have in common is the gift of this day. This is the day that the Lord hath made, let us rejoice and be glad in it. Lord, we thank You for this gift, may we use it wisely. Lord, I pray that You will bless and direct all that transpires within these walls this day. Bless and guide each Senator. I pray that You will help them stay focused on those whom they serve, give clear direction, wisdom and the courage to do the right thing. I thank You for those who are dedicated to this important task. This day may each of us make a positive difference in our Great Land. Amen. Senator Phillips led the Senate in the Pledge of Allegiance. 2001-04-18 Senate Journal Page 1160 Certification Senator Leman moved and asked unanimous consent that the journal for the one hundredth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House HJR 22 Message dated April 17 was read, stating the House failed to concur in the Senate amendments to CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) and respectfully requests the Senate to recede from its amendments, namely: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 22(STA) am S 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. Senator Leman moved that the Senate recede from its amendments and recommended the body vote no. The question being: "Shall the Senate recede from its amendments?" The roll was taken with the following result: SCS CSHJR 22(STA) am S Shall the Senate Recede from its amendments to CSHJR 22(RLS)? YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Phillips, Torgerson Nays: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Taylor, Therriault, Ward, Wilken Excused: Pearce 2001-04-18 Senate Journal Page 1161 and so, the Senate failed to recede from its amendments. The President appointed the following members to a Conference Committee to meet with a like committee from the House: Senator Ward, Chair Senator Kelly Senator Hoffman The Secretary was requested to notify the House. Standing Committee Reports Report dated April 17 was read, stating: Dear President Halford: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee met to review the following, and recommends the appointments be forwarded to a joint session for consideration: Alcoholic Beverage Control Board Duane S. Udland - Anchorage Appointed: 03/27/01 Expires: 03/01/04 Occupational Safety and Health Review Board The Honorable Cliff Davidson - Kodiak Appointed: 06/05/00 Reappointed 03/27/01 Expires 03/01/05 There were no stated objections to the confirmations of the named individuals by committee members. This report does not reflect intent by any of the members to vote for or against any candidates during any further sessions. Signing the report: Senator Phillips, Chair, Senators Davis, Torgerson, Austerman, Leman. 2001-04-18 Senate Journal Page 1162 SB 184 The Finance Committee considered SENATE BILL NO. 184 "An Act relating to user contributions toward the cost of construction of certain water and sewage facilities." Signing do pass: Senators Donley, Kelly, Cochairs, Senators Green, Ward, Leman. Signing do not pass: Senators Austerman, Hoffman, Olson. Signing no recommendation: Senator Wilken. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Environmental Conservation The bill was referred to the Rules Committee. SB 123 The Rules Committee considered SENATE BILL NO. 123 "An Act relating to legislative approval for the design and construction of facilities of the Alaska Railroad Corporation." Signing to calendar: Senator Cowdery, Vice Chair, Senators Phillips, Ellis, Therriault. The bill is on today's calendar. SB 166 The Rules Committee considered SENATE BILL NO. 166 "An Act relating to the time of filling by appointment a vacancy in the office of United States senator." Signing to calendar: Senator Cowdery, Vice Chair, Senators Therriault, Phillips. Signing under other recommendations: Senator Ellis. The bill is on today's calendar. HB 13 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(JUD) "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas" and recommended it be replaced with SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(RLS) 2001-04-18 Senate Journal Page 1163 Signing to calendar: Senator Cowdery, Vice Chair, Senators Phillips, Therriault. Signing under other recommendations: Senator Ellis. The following previous fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill is on today's calendar. HB 118 The Rules Committee considered HOUSE BILL NO. 118 "An Act relating to a mandatory exemption from municipal taxes on certain residences; and providing for an effective date." Signing to calendar: Senator Cowdery, Vice Chair, Senators Therriault, Ellis. Signing no recommendation: Senator Phillips. The bill is on today's calendar. Consideration of the Calendar Second Reading of Senate Bills SB 123 SENATE BILL NO. 123 "An Act relating to legislative approval for the design and construction of facilities of the Alaska Railroad Corporation" was read the second time. Senator Kelly, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1091. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 123(FIN) "An Act relating to the program of federally funded construction projects of the Alaska Railroad Corporation" 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. 2001-04-18 Senate Journal Page 1164 CS FOR SENATE BILL NO. 123 (FIN) was read the third time. Senator Donley offered Title Amendment No. 1: Page 1, line 1: Delete "federally funded" Senator Donley moved for the adoption of Title Amendment No. 1. Without objection, Title Amendment No. 1 was adopted. The question being: "Shall CS FOR SENATE BILL NO. 123(FIN) (title am) "An Act relating to the program of construction projects of the Alaska Railroad Corporation" pass the Senate?" The roll was taken with the following result: CSSB 123(FIN)(title am) Third Reading - Final Passage YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Ellis, Green, Halford, Kelly, Leman, Olson, Phillips, Taylor, Therriault, Ward, Wilken Nays: Davis, Elton, Hoffman, Lincoln, Torgerson Excused: Pearce and so, CS FOR SENATE BILL NO. 123(FIN)(title am) passed the Senate. Senator Ellis gave notice of reconsideration. SB 166 SENATE BILL NO. 166 "An Act relating to the time of filling by appointment a vacancy in the office of United States senator" 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. Senator Ellis objected. 2001-04-18 Senate Journal Page 1165 The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SB 166 Advance from Second to Third Reading? YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Excused: Pearce and so, the bill failed to advance to third reading. SENATE BILL NO. 166 will be on the April 19 calendar. Second Reading of House Bills HB 13 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(JUD) "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas" was read the second time. Senator Cowdery, Vice Chair, moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 1162. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(RLS) was adopted and read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. 2001-04-18 Senate Journal Page 1166 The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SCS CSSSHB 13(RLS) Advance from Second to Third Reading? YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Excused: Pearce and so, the bill failed to advance to third reading. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(RLS) will be on the April 19 calendar. HB 118 HOUSE BILL NO. 118 "An Act relating to a mandatory exemption from municipal taxes on certain residences; and providing for an effective date" was read the second time. Senator Leman moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 118 was read the third time. Senators Ellis, Therriault, Davis, Lincoln, Elton, Kelly moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall HOUSE BILL NO. 118 "An Act relating to a mandatory exemption from municipal taxes on certain residences; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2001-04-18 Senate Journal Page 1167 HB 118 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Pearce and so, HOUSE BILL NO. 118 passed the Senate. Senator Leman moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Citations In Memoriam - Dolly P. Jensen Representative(s) Williams Senator(s) Taylor, Wilken, Austerman, Lincoln, Kelly, Davis, Green, Elton, Pearce, Ward Senator Leman moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business Senator Wilken moved and asked unanimous consent to be excused from the Senate, not subject to a call, from May 16 through May 21. Without objection, Senator Wilken was excused. Senator Lincoln moved and asked unanimous consent to be excused from a call of the Senate on April 20 and April 25. Without objection, Senator Lincoln was excused. 2001-04-18 Senate Journal Page 1168 Announcements Announcements are at the end of the journal. Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 19, 2001. Without objection, the Senate adjourned at 12:37 p.m. Heidi Vogel Secretary of the Senate April 200 2001-04-18 Senate Journal Page 1169 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 18 Wednesday Fahrenkamp 203 1:30 += HB 16 HOME RULE COMMUNITIES ---------------------------------------- FINANCE Apr 18 Wednesday Senate Finance 532 9:00 SB 184 CONSTRUCTION OF WATER & SEWAGE FACILITIES SB 185 PCE BASED ON HIGHEST COST SB 148 REMOTE WATER STORAGE FOR FIRE DEPARTMENTS Bills Previously Heard/Scheduled Apr 19 Thursday Senate Finance 532 9:00 SB 181 SMALL COMMUNITY HOUSING LOANS SB 145 VILLAGE PUB.SAFETY OFFICER PROGRAM HB 81 DENTISTS/DENTAL HYGIENISTS & ASSISTANTS Bills Previously Heard/Scheduled Apr 20 Friday Senate Finance 532 9:00 SB 86 TEACHER EMPLOYMENT & SUBJECT EXPERTISE SB 186 LIMIT MUNICIPAL G.O.BOND DEBT Bills Previously Heard/Scheduled ---------------------------------------- 2001-04-18 Senate Journal Page 1170 HEALTH, EDUCATION & SOCIAL SERVICES Apr 18 Wednesday Butrovich 205 1:30 + Continuation- Medicaid Directions: Alzheimer's/Dementia School-based Claims Medicaid Refinancing + SJR 26 FEDERAL AID FOR SPECIAL EDUCATION + SB 188 EDUCATION FUND/ LAND ENDOWMENT + SJR 25 CONST. AM: EDUCATION FUND Bills Previously Heard/Scheduled Apr 20 Friday Butrovich 205 1:30 + Continuation- Medicaid Directions + HB 162 ABSENCES UNDER LONGEVITY BONUS PROGRAM + SB 178 DETENTION OF DELINQUENT MINORS Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 18 Wednesday Beltz 211 1:30 + SJR 11 CONST AM: PERM FUND INCOME DISTRIBUTION + Confirmation: Alaska Judicial Council- Eleanor Andrews + Bills Previously Heard/Scheduled Apr 20 Friday Beltz 211 1:30 + HB 32 SEX CRIME AND PORNOGRAPHY FORFEITURES += SB 161 NO PAY FOR JUDGES UNTIL DECISION + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 19 Thursday Beltz 211 1:30 + SB 176 DISTRIBUTORSHIPS + SB 189 MOTOR VEHICLE SALES AND DEALERS += SB 168 COMMERCIAL FISHING LOAN PROGRAM + Bills Previously Heard/Scheduled ---------------------------------------- 2001-04-18 Senate Journal Page 1171 RESOURCES Apr 18 Wednesday Butrovich 205 3:30 + Governor's Confirmations: AK CFEC- Bruce C. Twomley Board of Game- William H. Dennerlein, Ben Grussendorf, Dr. Julie Maier AK Oil and Gas Conservation-Julie Heusser Apr 20 Friday Butrovich 205 3:30 += SB 153 UNDERGROUND STORAGE TANK LOAN FUND += SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE + HB 111 CIVIL LIABILITY AND LIVESTOCK ---------------------------------------- RULES Apr 18 Wednesday Fahrenkamp 203 10:45 = SB 123 LEGISLATIVE APPROVAL:RAILROAD FACILITIES = SB 166 APPOINTMENT OF US SENATORS SJR 22 CONST. AM: JUDICIAL OFFICERS' TERMS = HB 13 SERVICE AREAS:VOTER APPROVAL/TAX ZONES HB 118 SR. CIT./VETERAN PROPERTY TAX EXEMPTION Apr 19 Thursday Fahrenkamp 203 10:45 SB 50 EXTENDING BOARD OF VETERINARY EXAMINERS ---------------------------------------- STATE AFFAIRS Apr 19 Thursday Beltz 211 3:30 += HB 177 CAMPAIGN FINANCE: GROUPS & DISCLOSURE SB 193 STUDY: EFFECTS OF PERMANENT FUND DIVIDEND SB 187 ABSENTEE VOTING STATIONS Bills Previously Heard/Scheduled ---------------------------------------- 2001-04-18 Senate Journal Page 1172 JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Apr 24 Tuesday Capitol 102 2:45 + Proposed/Approved Regulations + Mariculture Regulations + Department on Pioneer Homes ---------------------------------------- CONFERENCE COMMITTEES ON HB 103 & HB 104 Apr 19 Thursday Senate Finance 532 3:00 = HB 103 APPROP: OPERATING BUDGET = HB 104 APPROP: MENTAL HEALTH BUDGET Alaska Court System Dept of Fish and Game Dept of Labor and Workforce Development Dept of Law Dept of Natural Resources Dept of Revenue ---------------------------------------- OTHER MEETINGS CHILDREN'S CAUCUS Apr 24 Tuesday Fahrenkamp 203 12:00 + Alaska Humanities Forum: Intrastate Urban/Rural Student Exchange ---------------------------------------- FISCAL POLICY CAUCUS Apr 20 Friday Butrovich 205 8:00