Legislature(2001 - 2002)

2001-04-26 Senate Journal

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2001-04-26                     Senate Journal                      Page 1273
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                    Thursday                     April 26, 2001                     
                                                                                                    
                            One Hundred Ninth Day                                                
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 12:05 p.m.                                                                               
                                                                                                    
The roll showed fourteen members present. Senators Davis, Hoffman,                                  
Kelly, Lincoln, Taylor, Therriault were absent.                                                     
                                                                                                    
The prayer was offered by the Chaplain, Dr. Paul Beran of the                                       
Resurrection Lutheran Church.                                                                       
                                                                                                    
Senator Ellis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the one hundred eighth legislative day be approved as certified by                              
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
The presence of Senators Therriault, Hoffman was noted.                                             
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated April 25 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 135                                                                                            
CS FOR HOUSE BILL NO. 135(JUD) am BY THE HOUSE                                                      
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    

2001-04-26                     Senate Journal                      Page 1274
          "An Act relating to municipal fees for certain police                                     
          protection services and to a tenant's activities that                                     
          result in the imposition of those fees."                                                  
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Judiciary Committees.                                                                   
                                                                                                    
HB 196                                                                                            
CS FOR HOUSE BILL NO. 196(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act establishing a right of action for a legal                                        
          separation; requiring a report about legal separations;                                   
          and amending Rule 42(a), Alaska Rules of Civil                                            
          Procedure."                                                                               
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
HB 212                                                                                            
CS FOR HOUSE BILL NO. 212(L&C) BY THE HOUSE LABOR                                                   
AND COMMERCE COMMITTEE, entitled:                                                                   
                                                                                                    
          "An Act requiring a subcontractor to obtain workers'                                      
          compensation insurance covering the subcontractor                                         
          and the subcontractor's employees and establishing                                        
          responsibility of a contractor for obtaining workers'                                     
          compensation coverage for the subcontractor and the                                       
          subcontractor's employees if the subcontractor fails to                                   
          obtain workers' compensation coverage; and                                                
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Labor and Commerce, State                               
Affairs and Judiciary Committees.                                                                   
                                                                                                    
HB 236                                                                                            
HOUSE BILL NO. 236 BY THE HOUSE FINANCE COMMITTEE,                                                  
entitled:                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1275
          "An Act relating to the contracting and financing                                         
          authority of the Alaska Industrial Development and                                        
          Export Authority; authorizing the authority to issue                                      
          bonds in a principal amount not to exceed                                                 
          $76,000,000 to finance the acquisition, design,                                           
          construction, inventory, and operation of natural gas,                                    
          propane air, or manufactured gas public utility                                           
          facilities; and providing for an effective date."                                         
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 121                                                                                            
Message dated April 25 was read, stating the House passed CS FOR                                    
SENATE BILL NO. 121(RES) with the following amendment:                                              
                                                                                                    
     Page 2, line 3,  following "route":                                                        
     Insert ", which would include the origin or terminus,"                                     
                                                                                                    
and so, 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" 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 121(RES) am H                                                                                  
Shall the Senate Concur in the House                                                                
amendment to CSSB 121(RES)? (effective date)                                                        
                                                                                                    
YEAS:  16   NAYS:  0   EXCUSED:  0   ABSENT:  4                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Ellis, Elton, Green, Halford,                                    
Hoffman, Leman, Olson, Pearce, Phillips, Therriault, Torgerson,                                     
Ward, Wilken                                                                                        
                                                                                                    
Absent:  Davis, Kelly, Lincoln, Taylor                                                              
                                                                                                    

2001-04-26                     Senate Journal                      Page 1276
and so, the Senate concurred in the House amendment, thus adopting                                  
CS FOR SENATE BILL NO. 121(RES) am H.                                                               
                                                                                                    
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.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 135                                                                                            
The Judiciary Committee considered SENATE BILL NO. 135 "An                                          
Act relating to mental health information and records; and providing                                
for an effective date" and recommended it be replaced with                                          
                                                                                                    
                   CS FOR SENATE BILL NO. 135(JUD) "An Act                                         
              relating to mental health records, communications,                                   
            and information; and providing for an effective date."                                 
                                                                                                    
Signing do pass: Senator Taylor, Chair, Senators Therriault, Donley.                                
Signing no recommendation: Senators Cowdery, Ellis.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 142                                                                                            
The Judiciary Committee considered SENATE BILL NO. 142 "An                                          
Act giving notice of and approving a lease-purchase agreement with                                  
the City of Seward for the construction of an addition to the Spring                                
Creek Correctional Center for the purpose of providing secure                                       
classroom facilities and housing for prisoners committed to the                                     
custody of the commissioner of corrections; and setting conditions and                              
limitations on the facility's construction and operation." Signing do                               
pass: Senator Taylor, Chair, Senators Cowdery, Ellis. Signing no                                    
recommendation: Senator Therriault.                                                                 

2001-04-26                     Senate Journal                      Page 1277
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Corrections                                                       
 Fiscal Note No. 2, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 176                                                                                            
The Judiciary Committee considered SENATE BILL NO. 176 "An                                          
Act relating to distributorships" and recommended the adoption of the                               
Labor and Commerce Committee Substitute offered on page 1259.                                       
Signing do pass: Senator Taylor, Chair, Senators Therriault, Cowdery,                               
Ellis.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and                                               
  Economic Development                                                                              
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 194                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
194(FIN) "An Act relating to fees for commercial fishing licenses and                               
permits; and providing for an effective date." Signing do pass: Senator                             
Torgerson, Chair, Senators Elton, Taylor. Signing no                                                
recommendation: Senators Pearce, Lincoln.                                                           
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, Department of Fish and Game                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 149                                                                                            
The Rules Committee considered SPONSOR SUBSTITUTE FOR                                               
SENATE BILL NO. 149 "An Act relating to employment incentives                                       
for teachers and health care providers, to reemployment of retired                                  
teachers, to loans to and loan forgiveness for teachers and health care                             
providers,  to  awards  to  teachers,  to  eligibility   for  major   medical                       
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1278
insurance coverage for beneficiaries of the teachers' retirement system,                            
and to teacher certificates; and providing for an effective date."                                  
Signing to calendar: Senator Pearce, Chair, Senators Phillips,                                      
Cowdery, Ellis, Therriault.                                                                         
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 152                                                                                            
The Rules Committee considered SENATE BILL NO. 152 "An Act                                          
relating to the handling of and interest on contract controversies                                  
involving the Department of Transportation and Public Facilities or                                 
state agencies to whom the Department of Transportation and Public                                  
Facilities delegates the responsibility for handling the controversies."                            
Signing to calendar: Senator Pearce, Chair, Senators Cowdery,                                       
Phillips, Therriault. Signing under other recommendations: Senator                                  
Ellis.                                                                                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 184                                                                                            
The Rules Committee considered SENATE BILL NO. 184 "An Act                                          
relating to user contributions toward the cost of construction of certain                           
water and sewage facilities." Signing no recommendation: Senator                                    
Pearce, Chair. Signing to calendar: Senators Therriault, Cowdery,                                   
Phillips. Signing do not pass: Senator Ellis.                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 137                                                                                            
The Rules Committee considered HOUSE BILL NO. 137 "An Act                                           
relating to records of veterans of the armed forces; and providing for                              
an effective date." Signing to calendar: Senator Pearce, Chair, Senators                            
Therriault, Ellis, Phillips, Cowdery.                                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1279
                          Special Committee Reports                                              
                                                                                                    
HB 13                                                                                             
                                                               April 26, 2001                       
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee considering CS FOR SPONSOR                                                 
SUBSTITUTE FOR HOUSE BILL NO. 13(JUD) and SENATE CS                                                 
FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
13(RLS) "An Act relating to municipal service areas and providing for                               
voter approval of the formation, alteration, or abolishment of certain                              
service areas" has met and has not reached agreement.                                               
                                                                                                    
The committee requests limited powers of free conference on the                                     
following specific point:                                                                           
                                                                                                    
     Page 2, lines 28 and 29, following "area": "Taxes levied within a                              
     differential tax zone may only be used for the services provided in                            
     that zone."                                                                                    
                                                                                                    
Contingent upon the granting of limited powers of free conference we                                
agree to the following amendment:                                                                   
                                                                                                    
     Page 2, line 29, following "tax zone"                                                          
     Insert "that exceeds the amount that would have otherwise been                                 
     levied"                                                                                        
                                                                                                    
Signing the report: Senator Phillips, Chair, Senators Therriault, Olson;                            
Representative Bunde, Chair, Representatives Coghill, Davies.                                       
                                                                                                    
President Halford granted the Senate members limited powers of free                                 
conference as requested.                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The presence of Senators Davis, Kelly, Lincoln, Taylor was noted.                                   
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1280
HB 13                                                                                             
The following report was received and distributed at 10:56 a.m., April                              
26, 2001:                                                                                           
                                                               April 26, 2001                       
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference 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 SENATE CS FOR CS FOR                                      
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(RLS) and                                                   
recommends                                                                                          
                                                                                                    
          CONFERENCE COMMITTEE SUBSTITUTE 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."                                     
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Senator Phillips, Chair, Senators Therriault, Olson;                            
Representative Bunde, Chair, Representatives Coghill, Davies.                                       
                                                                                                    
Senator Leman moved that the Senate adopt the Conference                                            
Committee Report on CONFERENCE CS FOR SPONSOR                                                       
SUBSTITUTE FOR HOUSE BILL NO. 13.                                                                   
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE COMMITTEE SUBSTITUTE                                                 
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?" The                            
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1281
                                                                                                    
CCS SSHB 13                                                                                         
Adopt Conference Committee report?                                                                  
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 94                                                                                             
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94 BY                                                        
SENATOR TAYLOR, entitled:                                                                           
                                                                                                    
          "An Act relating to the financing of major                                                
          maintenance of public school facilities; authorizing                                      
          the commissioner of revenue to sell the right to                                          
          receive a portion of the anticipated revenue from a                                       
          certain tobacco litigation settlement to the Northern                                     
          Tobacco Securitization Corporation; relating to the                                       
          deposit of certain anticipated revenue from a certain                                     
          tobacco litigation settlement; authorizing the issuance                                   
          of bonds by the Northern Tobacco Securitization                                           
          Corporation with proceeds to finance public school                                        
          major maintenance; and providing for an effective                                         
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1282
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 149                                                                                            
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 149 "An Act                                                  
relating to employment incentives for teachers and health care                                      
providers, to reemployment of retired teachers, to loans to and loan                                
forgiveness for teachers and health care providers, to awards to                                    
teachers, to eligibility for major medical insurance coverage for                                   
beneficiaries of the teachers' retirement system, and to teacher                                    
certificates; and providing for an effective date" was read the second                              
time.                                                                                               
                                                                                                    
Senator Green, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Committee                                     
Substitute offered on page 1235. Without objection, CS FOR                                          
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 149(HES) "An                                                 
Act relating to reemployment of retired teachers, to eligibility for                                
major medical insurance coverage for beneficiaries of the teachers'                                 
retirement system, and to teacher certificates; and providing for an                                
effective date" 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 SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                       
149(HES) was read the third time.                                                                   
                                                                                                    
The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR                                            
SENATE BILL NO. 149(HES) "An Act relating to reemployment of                                        
retired teachers, to eligibility for major medical insurance coverage for                           
beneficiaries of the teachers' retirement system, and to teacher                                    
certificates; and providing for an effective date" pass the Senate?" The                            
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1283
                                                                                                    
CS SSSB 149(HES)                                                                                    
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                               
149(HES) 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                                
clauses. Without objection, it was so ordered and the bill was referred                             
to the Secretary for engrossment.                                                                   
                                                                                                    
SB 152                                                                                            
SENATE BILL NO. 152 "An Act relating to the handling of and                                         
interest on contract controversies involving the Department of                                      
Transportation and Public Facilities or state agencies to whom the                                  
Department of Transportation and Public Facilities delegates the                                    
responsibility for handling the controversies" 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. 152 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 152 "An Act relating                                     
to the handling of and interest on contract controversies involving the                             
Department of Transportation and Public Facilities or state agencies to                             
whom the Department of Transportation and Public Facilities                                         
delegates the responsibility for handling the controversies" pass the                               
Senate?" The roll was taken with the following result:                                              
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1284
                                                                                                    
SB 152                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Halford, Kelly,                                    
Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Wilken                                      
                                                                                                    
Nays:  Ellis, Elton, Hoffman, Lincoln, Olson                                                        
                                                                                                    
Absent:  Ward                                                                                       
                                                                                                    
and so, SENATE BILL NO. 152 passed the Senate.                                                      
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 184                                                                                            
SENATE BILL NO. 184 "An Act relating to user contributions toward                                   
the cost of construction of certain water and sewage facilities" 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.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SB 184                                                                                              
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
SENATE BILL NO. 184 will be on the April 27 calendar.                                               
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1285
                        Second Reading of House Bills                                            
                                                                                                    
HB 137                                                                                            
HOUSE BILL NO. 137 "An Act relating to records of veterans of the                                   
armed forces; 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. 137 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 137 "An Act relating to                                   
records of veterans of the armed forces; and providing for an effective                             
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
                                                                                                    
HB 137                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, HOUSE BILL NO. 137 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.                                              
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 183                                                                                            
SENATE BILL NO. 183 was read the third time.                                                        
                                                                                                    

2001-04-26                     Senate Journal                      Page 1286
The question being: "Shall SENATE BILL NO. 183 "An Act relating                                     
to public interest litigants and to attorney fees; and amending Rule 82,                            
Alaska Rules of Civil Procedure" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SB 183                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Therriault, Ward, Wilken                                                          
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Taylor,                                        
Torgerson                                                                                           
                                                                                                    
and so, SENATE BILL NO. 183 passed the Senate.                                                      
                                                                                                    
Senator Leman moved the Court Rule changes.                                                         
                                                                                                    
The question being: "Shall the Court Rule changes be adopted?" The                                  
roll was taken with the following result:                                                           
                                                                                                    
SB 183                                                                                              
Adopt Court Rule changes?                                                                           
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                       
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the Court Rule changes were adopted.                                                        
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Jack E. Brown                                                                            
Senator(s) Ward, Wilken, Elton, Davis, Hoffman, Donley, Lincoln,                                    
Austerman, Leman, Taylor, Kelly, Green, Pearce, Halford                                             
Representative(s) Chenault                                                                          

2001-04-26                     Senate Journal                      Page 1287
Honoring - Mr. Paul MacDonald                                                                       
Representative(s) Bunde                                                                             
Senator(s) Ward, Wilken, Elton, Davis, Hoffman, Donley, Lincoln,                                    
Austerman, Leman, Taylor, Kelly, Green, Pearce, Halford                                             
                                                                                                    
Honoring - Technical Sergeant David Dominic Apodaca                                                 
Representative(s) Mulder                                                                            
Senator(s) Phillips, Ward, Wilken, Elton, Davis, Hoffman, Donley,                                   
Lincoln, Austerman, Leman, Taylor, Kelly, Green, Pearce, Halford                                    
                                                                                                    
Honoring - Susie Barnett                                                                            
Representative(s) Berkowitz                                                                         
Senator(s) Leman, Wilken, Elton, Davis, Hoffman, Donley, Ellis,                                     
Lincoln, Austerman, Taylor, Kelly, Green, Pearce, Halford                                           
                                                                                                    
Honoring - Dr. Thomas F. Albert                                                                     
Representative(s) Joule                                                                             
Senator(s) Olson, Ward, Wilken, Elton, Davis, Hoffman, Lincoln,                                     
Austerman, Leman, Taylor, Kelly, Green, Pearce, Halford                                             
                                                                                                    
Honoring - Martha Foster and Louise Clark, Arctic Survivors                                         
Representative(s) Joule                                                                             
Senator(s) Olson, Ward, Wilken, Elton, Davis, Hoffman, Lincoln,                                     
Austerman, Leman, Taylor, Kelly, Green, Pearce, Halford                                             
                                                                                                    
Honoring - Point Hope Harpooners Boys Basketball Team                                               
Representative(s) Joule                                                                             
Senator(s) Olson, Ward, Wilken, Elton, Davis, Hoffman, Lincoln,                                     
Austerman, Leman, Taylor, Kelly, Green, Pearce, Halford                                             
                                                                                                    
In Memoriam - Margie Georgianna Bolton                                                              
Representative(s) Joule                                                                             
Senator(s) Olson, Ward, Wilken, Elton, Davis, Hoffman, Lincoln,                                     
Austerman, Leman, Taylor, Kelly, Green, Pearce, 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.                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1288
                             Unfinished Business                                                 
                                                                                                    
SB 187                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 187(FIN) "An                                          
Act relating to absentee and special needs voting" was not taken up                                 
this legislative day and the bill was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on April 29. Without objection, Senator                                   
Lincoln was excused.                                                                                
                                                                                                    
Senator Ellis moved and asked unanimous consent that a letter dated                                 
April 26, 2001 to the Senate from United States Senator Frank                                       
Murkowski be spread in a Senate Journal Supplement. Without                                         
objection, the letter will be published in Senate Journal Supplement                                
No. 5.                                                                                              
                                                                                                    
President Halford appointed the following member to the                                             
Telecommunications Information Council:                                                             
 Senator Olson                                                                                      
                                                                                                    
Senator Hoffman moved and asked unanimous consent that the prayer                                   
be spread. Without objection, it was so ordered.                                                    
                                                                                                    
          Gracious God our Heavenly Father; this is the day                                         
          which You have made, help us to rejoice and be glad                                       
          in it. Quiet our agenda laden minds as we ponder                                          
          Your goodness and greatness: forgiveness in Jesus                                         
          Christ for the many times we fall short; beckoning                                        
          responsibilities that summon our best; unnamed                                            
          support staff that multiply our energies; and the                                         
          relationships which we cherish in these very                                              
          chambers.                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1289
          We humbly ask of You, Holy Father, to grant us all                                        
          that we need: insightful wisdom and courage to                                            
          separate greed from need; mere words from genuine                                         
          realities; and diligence of character to lead by life as                                  
          well as word. Help us to be Your faithful servants                                        
          this day. In the Name of Him Who came not to be                                           
         served, but to serve, Jesus the Christ.                Amen.                              
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 149                                                                                            
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                       
149(HES) "An Act relating to reemployment of retired teachers, to                                   
eligibility for major medical insurance coverage for beneficiaries of                               
the teachers' retirement system, and to teacher certificates; and                                   
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
SB 187                                                                                            
CS FOR SENATE BILL NO. 187(FIN) "An Act relating to absentee                                        
and special needs voting" was engrossed, signed by the President and                                
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., April 27, 2001. Without                                      
objection, the Senate adjourned at 1:08 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2001                       

2001-04-26                     Senate Journal                      Page 1290
                                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 27        Friday                       Fahrenkamp 203             1:30 PM                     
              -- Rescheduled from 4/25/01 --                                                        
+ SB  42 FOUNDATION FORMULA INCREASE                                                                
+ SB 175 MUNICIPAL PROTESTS OF GAMING PERMITS                                                       
+ HB 186 911 SURCHARGE ON WIRELESS TELEPHONES                                                       
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 26        Thursday                  Senate Finance 532            9:00 AM                     
+ SB 115 EXTEND BD. OF STORAGE TANK ASSISTANCE                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 26        Thursday                  Senate Finance 532            6:00 PM                     
+ SB 153 UNDERGROUND STORAGE TANK LOAN FUND                                                         
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 27        Friday                    Senate Finance 532            9:00 AM                     
= SB  29 APPROP: GOVERNOR'S CAPITAL BUDGET                                                          
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 27        Friday                    Senate Finance 532            6:00 PM                     
= SB  29 APPROP: GOVERNOR'S CAPITAL BUDGET                                                          
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1291
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 27        Friday                          Butrovich 205           1:30 PM                     
+ SJR 28 LONG-TERM CARE INSURANCE                                                                   
+ HB  76 NEW FACILITIES FOR API                                                                     
+ HB 101 CHARTER SCHOOLS                                                                            
+= HB 203 APPROP: STUDY OF SCHOOL COST FACTORS                                                      
+= HB 115 EMERGENCY COMMITMENT ORDERS & TREATMENT                                                   
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 27        Friday                                Beltz 211         1:30 PM                     
+ SB 170 RAILROAD EMPLOYEE SALARIES AND WAGES                                                       
+ SB 177 DRIVING WHILE INTOXICATED:BAC LEVEL/FINES                                                  
+ SB  66 FINANCIAL INSTITUTIONS                                                                     
+ HB 193 MODIFIED BLANKET PRIMARY ELECTION                                                          
+ HB 172 THERAPEUTIC DRUG AND ALCOHOL COURTS                                                        
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Monday                                Beltz 211         1:30 PM                     
+ HB  16 HOME RULE COMMUNITIES                                                                      
+ SB 169 HATE CRIMES: AUTOMATIC WAIVER OF MINORS                                                    
+ SB 204 WILDFIRES AND NATURAL DISASTERS                                                            
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Wednesday                             Beltz 211         1:30 PM                     
+ HB 187 VANDALISM OF CEMETERIES & GRAVES                                                           
+ HB 102 THEFT OF PROPELLED VEHICLES                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 04        Friday                                Beltz 211         1:30 PM                     
              -- Agenda to be Announced --                                                          
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1292
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 26        Thursday                              Beltz 211         1:30 PM                     
              -- Meeting Postponed to 1:45 pm --                                                    
+ HB 113 HEALTH CARE INSURANCE PAYMENTS                                                             
+ HB 121 CHARITABLE GIFT ANNUITIES                                                                  
+ HB 186 911 SURCHARGE ON WIRELESS TELEPHONES                                                       
              <Pending Referral>                                                                    
+ HB 214 CIVIL ACTION AGAINST MINORS IN BARS                                                        
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Apr 27        Friday                          Butrovich 205           3:30 PM                     
+ SCR 10 SALE OF NATURAL GAS TO POWER DATA CENTERS                                                  
                                                                                                    
May 02        Wednesday                       Butrovich 205           3:30 PM                     
+             Governor's Confirmations:                                                             
              Board of Fisheries- Russell Nelson,                                                   
              Dr. John White                                                                        
              Commissioner DNR- Pat Pourchot                                                        
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
Apr 26        Thursday                     Fahrenkamp 203           10:45 AM                      
     HB 137 RECORDS OF VETERANS                                                                     
     SB 149 TEACHER INCENTIVES                                                                      
     SB 152 DOTPF-RELATED CONTRACT CLAIMS                                                           
     SB 184 CONSTRUCTION OF WATER & SEWAGE FACILITIES                                               
     SB 180 STATE EMPLOYEE PAY DIFFERENTIALS                                                        
                                                                                                    
Apr 27        Friday                       Fahrenkamp 203           10:45 AM                      
     HB  72 ASST.ADJUTANT GEN.: MISSILE/SPACE DEFENSE                                               
     SB 135 MENTAL HEALTH INFORMATION AND RECORDS                                                   
= HB 150 INSURANCE PREMIUMS FOR RENTAL VEHICLES                                                     
     HJR 19 DIGITAL ORTHOIMAGERY AND ELEVATION DATA                                                 
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1293
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 26        Thursday                              Beltz 211         3:30 PM                     
     HJR 27 WWII ALASKA-USSR LEND-LEASE MONUMENTS                                                   
     SJR 27 NATIONAL GUARD ARMORY IN JUNEAU                                                         
+ SJR 13 CONST. AM: PERMANENT FUND                                                                  
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 26        Thursday                        Butrovich 205           1:30 PM                     
              Senate Concurrent Resolution:                                                         
              STATE ROADS THRU FEDERAL LANDS                                                        
              <Above Item Removed from Agenda>                                                      
= SB 130 ALASKA MARINE HIGHWAY AUTHORITY                                                            
     SB 195 OPERATION OF WHITTIER TUNNEL BY WHITTIER                                                
     SB 196 EXEMPTION FROM TOLL FOR WHITTIER TUNNEL                                                 
     SB 197 PROHIBIT TOLL FOR WHITTIER TUNNEL                                                       
     HB 127 AIRCRAFT EMERGENCY EQUIPMENT                                                            
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
May 01        Tuesday                            Capitol 102          2:45 PM                     
+             Continued Review: Mariculture Regulations                                             
                   ----------------------------------------                                        
                                                                                                    
                           ARMED SERVICES COMMITTEE                                              
                                                                                                    
Apr 27        Friday                    Senate Finance 532            3:30 PM                     
              Fire Island Logistics Project                                                         
              National Missile Defense System Update                                                
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-04-26                     Senate Journal                      Page 1294
                   CONFERENCE COMMITTEES ON HB 103 & HB 104                                      
                                                                                                    
Apr 26        Thursday                  Senate Finance 532            3:00 PM                     
              -- Rescheduled from 4/25/01 --                                                        
= HB 103 APPROP: OPERATING BUDGET                                                                   
= HB 104 APPROP:  MENTAL HEALTH BUDGET                                                              
              Dept of Education & Early Development                                                 
              Dept of Environmental Conservation                                                    
              Dept of Health and Social Services                                                    
              Military and Veterans Affairs                                                         
              (Depts listed alphabetically, not necessarily order of business)                      
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Apr 26        Thursday                   House Finance 519            8:30 AM                     
              NCSL Dues                                                                             
              IT Subcommittee Policy Changes                                                        
              Goldstein Lease Approval                                                              
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                             FISCAL POLICY CAUCUS                                                
                                                                                                    
Apr 27        Friday                          Butrovich 205           8:00 AM                     
                                                                                                    
May 02        Wednesday                  House Finance 519            8:00 AM                     
              Alaskans United                                                                       
                   ----------------------------------------                                        
                                                                                                    
                               MINORITY CAUCUS                                                   
                                                                                                    
Apr 27        Friday                  Governor's Conf Rm              8:30 AM                     
              Open Caucus, Joint w/(H)                                                              
              Discussion of SB 38                                                                   
              Medical Assistance:Breast/Cervical Cancer