Legislature(2001 - 2002)

2001-05-08 Senate Journal

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2001-05-08                     Senate Journal                      Page 1699
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-SECOND LEGISLATURE -- FIRST SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                        May 8, 2001                     
                                                                                                    
                         One Hundred Twenty-first Day                                            
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:35 a.m.                                                                               
                                                                                                    
The roll showed fourteen members present. Senators Davis, Ellis,                                    
Elton, Hoffman, Lincoln, Olson were absent.                                                         
                                                                                                    
The prayer was offered by the Chaplain, Senator Leman. Senator                                      
Ward moved and asked unanimous consent that the prayer be spread.                                   
Without objection, it was so ordered.                                                               
                                                                                                    
                               A Psalm of David                                                    
          "Ascribe to the Lord, O mighty ones, ascribe to the                                       
          Lord glory and strength. Ascribe to the Lord the                                          
          glory due His name; worship the Lord in the splendor                                      
          of His holiness." (Psalm 29:1-2)                                                          
                                                                                                    
          Dear God, I acknowledge You as Creator and Lord.                                          
          When we get busy with our plans, it's easy to                                             
          overlook the fact that You are in control - and You                                       
          have special plans for us. Thank You for each                                             
          member of this Senate, for our supporting staff and                                       
          our families. I ask You to bless them richly and to                                       
          protect us as we travel home.                                                             
                                                                                                    
          For the children of Mountain View Elementary                                              
          School who were injured yesterday, I ask for Your                                         
          healing touch, in Jesus' name,                            Amen.                           
                                                                                                    
Senator Pearce led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1700
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journal                                    
for the one hundred nineteenth legislative day be approved as certified                             
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
SB 93                                                                                             
Message dated and received May 7 was read, stating the Governor                                     
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
                 CS FOR SENATE BILL NO. 93(FIN) am H "An Act                                       
               relating to the Arctic Winter Games Team Alaska                                     
          trust; and providing for an effective date."                                              
                                                                                                    
                             Chapter 21, SLA 2001                                                  
                           Effective Date: 07/01/01                                                
                                                                                                    
The presence of Senators Olson, Ellis, Davis, Elton, Lincoln, Hoffman                               
was noted.                                                                                          
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 65                                                                                             
Message dated May 7 was read, stating the House failed to concur in                                 
the Senate amendments to CS FOR HOUSE BILL NO. 65(HES) and                                          
respectfully requests the Senate to recede from its amendments,                                     
namely:                                                                                             
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          65(HES) am S "An Act relating to a new optional                                           
          group of persons eligible for medical assistance who                                      
          require treatment for breast or cervical cancer; and                                      
          providing for an effective date."                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1701
In the event the Senate fails to recede, the Speaker has appointed the                              
following members to a Conference Committee to meet with a like                                     
committee from the Senate to consider the bills:                                                    
                                                                                                    
     Representative Dyson, Chair                                                                    
     Representative Murkowski                                                                       
     Representative Hayes                                                                           
                                                                                                    
Senator Leman moved that the Senate recede from its amendments and                                  
recommended the body vote no.                                                                       
                                                                                                    
The question being: "Shall the Senate recede from its amendments?"                                  
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHB 65(HES) am S                                                                               
Shall the Senate Recede from its                                                                    
amendments to CSHB 65(HES)?                                                                         
                                                                                                    
YEAS:  7   NAYS:  12   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Pearce                                         
                                                                                                    
Nays:  Austerman, Cowdery, Donley, Green, Halford, Leman,                                           
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Absent:  Kelly                                                                                      
                                                                                                    
and so, the Senate failed to recede.                                                                
                                                                                                    
The President appointed the following members to a Conference                                       
Committee to meet with the like committee from the House:                                           
                                                                                                    
     Senator Green                                                                                  
     Senator Taylor                                                                                 
     Senator Olson                                                                                  
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 137                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 137 (FIN) with the                                         
following amendment:                                                                                
                                                                                                    

2001-05-08                     Senate Journal                      Page 1702
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          137(FIN) "An Act relating to the allocation of money                                      
          appropriated to the Alaska Human Resource                                                 
          Investment Council; and providing for an effective                                        
          date."                                                                                    
                                                                                                    
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:                                           
                                                                                                    
HCS CSSB 137(FIN)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 137(FIN)?                                                                         
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Ellis, Elton, Hoffman, Lincoln, Olson,                                     
Pearce, Phillips, Taylor, Torgerson                                                                 
                                                                                                    
Nays:  Cowdery, Donley, Green, Halford, Kelly, Leman, Therriault,                                   
Ward, Wilken                                                                                        
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 137(FIN).                                                       
                                                                                                    
Senator Leman moved the effective date clause.                                                      
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
HCS CSSB 137(FIN)                                                                                   
Effective Date Clause                                                                               
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor,                                  
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Absent:  Kelly                                                                                      
                                                                                                    
and so, the effective date clause was adopted.                                                      

2001-05-08                     Senate Journal                      Page 1703
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 145                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 145(FIN) with the                                          
following amendment:                                                                                
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          145(FIN) "An Act relating to regional and village                                         
          public safety officers; relating to the expansion of the                                  
          village public safety officer program to include the                                      
          provision of probation and parole supervision                                             
          services; and relating to retirement benefits for                                         
          village public safety officers; and providing for an                                      
          effective date." (Technical Title Change)                                                 
                                                                                                    
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:                                           
                                                                                                    
HCS CSSB 145(FIN)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 145(FIN)? (effective date)                                                        
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Lincoln, Olson, Taylor, Therriault,                                        
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Phillips                                                                                     
                                                                                                    
Absent:  Kelly, Pearce                                                                              
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 145(FIN).                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1704
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.                                              
                                                                                                    
SB 152                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration SENATE BILL NO. 152 with the following                                            
amendments:                                                                                         
                                                                                                    
          HOUSE CS FOR SENATE BILL NO. 152(FIN) am                                                  
          H "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."                                                              
                                                                                                    
Senator Leman moved that the Senate concur in the House                                             
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS SB 152(FIN) am H                                                                                
Shall the Senate Concur in the House                                                                
Amendments to SB 152?                                                                               
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Lincoln, Olson, Phillips, Taylor,                                          
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Absent:  Kelly, Pearce                                                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1705
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR SENATE BILL NO. 152(FIN) am H "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."                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 227                                                                                            
SENATE BILL NO. 227 BY SENATOR PEARCE, entitled:                                                    
                                                                                                    
          "An Act relating to the airports in Anchorage,                                            
          Fairbanks, and Cold Bay, and establishing the Alaska                                      
          Airport Authority; and providing for an effective                                         
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Transportation and Finance                              
Committees.                                                                                         
                                                                                                    
SB 228                                                                                            
SENATE BILL NO. 228 BY SENATOR TAYLOR, entitled:                                                    
                                                                                                    
              "An Act relating to the Alaska Insurance Guaranty                                    
              Association and to liquidation of an insurer; and                                    
             amending Rule 24, Alaska Rules of Civil Procedure."                                   
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1706
SB 229                                                                                            
SENATE BILL NO. 229 BY SENATOR TAYLOR, entitled:                                                    
                                                                                                    
            "An Act relating to self-audits by insurers; amending                                  
              Rule 402, Alaska Rules of Evidence; and providing                                    
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Judiciary Committees.                                                                               
                                                                                                    
                                                                                                    
                         House Bills in Third Reading                                            
                                                                                                    
HB 150                                                                                            
Senator Leman moved and asked unanimous consent that HOUSE                                          
BILL NO. 150 "An Act relating to insurance premiums for rental                                      
motor vehicles" which had been held on the Secretary's Desk (page                                   
1335) be taken up. Without objection, the bill was before the Senate in                             
third reading.                                                                                      
                                                                                                    
Senator Green moved and asked unanimous consent to be allowed to                                    
abstain from voting due to a conflict of interest. Objections were                                  
heard, and Senator Green was required to vote.                                                      
                                                                                                    
The question being: "Shall HOUSE BILL NO. 150 "An Act relating to                                   
insurance premiums for rental motor vehicles" pass the Senate?" The                                 
roll was taken with the following result:                                                           
                                                                                                    
HB 150                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Ellis, Elton, Halford, Hoffman,                                   
Kelly, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault,                                 
Torgerson, Ward                                                                                     
                                                                                                    
Nays:  Donley, Green, Wilken                                                                        
                                                                                                    
and so, HOUSE BILL NO. 150 passed the Senate, was signed by the                                     
President and Secretary and returned to the House.                                                  
                                                                                                    

2001-05-08                     Senate Journal                      Page 1707
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to a call of the Chair. Without objection, the Senate                               
recessed at 12:04 p.m.                                                                              
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 2:48 p.m.                                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
return to Messages from the House. Without objection, the Senate                                    
returned to:                                                                                        
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 142                                                                                            
Message dated May 7 was received, stating the House concurred in the                                
Senate amendment to CS FOR HOUSE BILL NO. 142 (HES), thus                                           
adopting:                                                                                           
                                                                                                    
                 CS FOR HOUSE BILL NO. 142(HES) am S "An Act                                       
             relating to the Alaska temporary assistance program;                                  
          and providing for an effective date."                                                     
                                                                                                    
SB 99                                                                                             
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
                SENATE BILL NO. 99 "An Act relating to the DNA                                     
          identification registration system."                                                      
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 143                                                                                            
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1708
          SENATE BILL NO. 143 "An Act authorizing the                                               
          Department of Natural Resources to enter into                                             
          agreements with a person or persons desiring to own                                       
          an oil or natural gas pipeline proposed to be located                                     
          on state land for the purposes of providing for                                           
          payment of the reasonable costs incurred in preparing                                     
          for activities before receipt of an application under                                     
          the Alaska Right-of-Way Leasing Act and for                                               
          activities relating to the processing of an application                                   
          under that Act; and providing for an effective date."                                     
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 72                                                                                             
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 72(FIN) with the                                           
following amendment:                                                                                
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          72(RES) "An Act relating to 'take-a-child-hunting'                                        
          seasons for big game."                                                                    
                                                                                                    
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:                                           
                                                                                                    
HCS CSSB 72(RES)                                                                                    
Shall the Senate Concur in the House                                                                
Amendment to CSSB 72(FIN)?                                                                          
                                                                                                    
YEAS:  17   NAYS:  1   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Kelly, Leman, Olson, Pearce, Phillips, Taylor, Therriault,                                 
Torgerson, Wilken                                                                                   
                                                                                                    
Nays:  Lincoln                                                                                      
                                                                                                    
Absent:  Hoffman, Ward                                                                              
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1709
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 72(RES) "An Act                                                 
relating to 'take-a-child-hunting' seasons for big game."                                           
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated May 8 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
HCR 18                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 18 BY THE HOUSE                                                     
JUDICIARY COMMITTEE,                                                                                
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 105, relating to crime                                         
          victims.                                                                                  
                                                                                                    
was read the first time.                                                                            
                                                                                                    
Senator Halford stated if there was no objection, HOUSE                                             
CONCURRENT RESOLUTION NO. 18 would be adopted. By                                                   
unanimous consent, HOUSE CONCURRENT RESOLUTION NO. 18                                               
passed the Senate, was signed by the President and Secretary and was                                
returned to the House.                                                                              
                                                                                                    
SB 105                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 105(FIN) "An Act                                           
relating to victims' rights; relating to establishing an office of victims'                         
rights; relating to the authority of litigants and the court to comment                             
on the crime victim's choice to appear or testify in a criminal case;                               
relating to compensation of victims of violent crimes; relating to                                  
eligibility for a permanent fund dividend for persons convicted of and                              
incarcerated for certain offenses; relating to notice of appropriations                             
concerning victims' rights; amending Rules 16 and 30, Alaska Rules of                               
Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501,                                 
Alaska Rules of Evidence; and providing for an effective date" with                                 
the following amendment:                                                                            

2001-05-08                     Senate Journal                      Page 1710
HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) "An Act                                                
relating to victims' rights; relating to establishing an office of victims'                         
rights; relating to the crime victim's choice to appear or testify in a                             
criminal case; relating to compensation of victims of violent crimes;                               
relating to eligibility for a permanent fund dividend for persons                                   
convicted of and incarcerated for certain offenses; relating to notice of                           
appropriations concerning victims' rights; relating to restitution for                              
criminal and delinquency acts; authorizing the state to collect                                     
restitution on behalf of victims of crime and delinquent acts and the                               
release of certain information related to that collection; relating to the                          
forfeiture of certain cash and other security for payment of other                                  
restitution; relating to access by the Violent Crimes Compensation                                  
Board to certain records regarding delinquency acts to award                                        
compensation to victims; relating to immunity for damages related to                                
certain collections of restitution; amending Rule 82, Alaska Rules of                               
Civil Procedure, Rule 16, Alaska Rules of Criminal Procedure, Rule 9,                               
Alaska Delinquency Rules, and Rules 402 and 501, Alaska Rules of                                    
Evidence; and providing for an effective date." (Title change                                       
authorized by HCR 18)                                                                               
                                                                                                    
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:                                           
                                                                                                    
HCS CSSB 105(FIN)                                                                                   
Shall the Senate Concur in the House amendment                                                      
to CSSB 105(FIN)? (Effective Dates)(Court Rules)                                                    
                                                                                                    
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 Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) VICTIMS'                                               
RIGHTS/PRISONER'S PFD. (Title change authorized by HCR 18)                                          
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1711
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.                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the court rule                                    
changes. Without objection, it was so ordered.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 127                                                                                            
Message dated May 8 was read, stating:                                                              
                                                                                                    
The House has rescinded its action in adopting CONFERENCE CS                                        
FOR HOUSE BILL NO. 127 "An Act relating to aviation and to                                          
emergency equipment to be carried on aircraft."                                                     
                                                                                                    
Senator Leman moved that the Senate rescind its action in adopting                                  
the Conference Committee Report on CONFERENCE CS FOR                                                
HOUSE BILL NO. 127 (page 1543).                                                                     
                                                                                                    
The question being: "Shall the Senate rescind its action?" The roll was                             
taken with the following result:                                                                    
                                                                                                    
CCS HB 127                                                                                          
Shall the Senate Rescind its action in                                                              
adopting the Conference Committee Report?                                                           
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Phillips,                                   
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Taylor                                                                                       
                                                                                                    
and so, the Senate rescinded its action in adopting the Conference                                  
Committee Report, and the bill was returned to the Conference                                       
Committee.                                                                                          
                                                                                                    

2001-05-08                     Senate Journal                      Page 1712
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 149                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SPONSOR SUBSTITUTE FOR SENATE                                              
BILL NO. 149(HES) with the following amendment:                                                     
                                                                                                    
          HOUSE CS FOR CS FOR SPONSOR                                                               
          SUBSTITUTE FOR SENATE BILL NO. 149(FIN)                                                   
          "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."                                                                          
                                                                                                    
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:                                           
                                                                                                    
HCS CSSSSB 149(FIN)                                                                                 
Shall the Senate Concur in the House                                                                
Amendment to CSSSSB 149(HES)? (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, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE                                                   
BILL NO. 149(FIN) "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."                                                 
                                                                                                    
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.                                                       

2001-05-08                     Senate Journal                      Page 1713
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 158                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 158(RES) am with the                                       
following amendment:                                                                                
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          158(FIN) "An Act directing the commissioner of                                            
          revenue to prepare a report to the legislature relating                                   
          to the state's participation in owning or financing a                                     
          gas pipeline project; and providing for an effective                                      
          date."                                                                                    
                                                                                                    
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:                                           
                                                                                                    
HCS CSSB 158(FIN)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 158(RES) am? (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, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 158(FIN) "An Act                                                
directing the commissioner of revenue to prepare a report to the                                    
legislature relating to the state's participation in owning or financing a                          
gas pipeline project; and providing for an effective date."                                         
                                                                                                    
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.                                                       

2001-05-08                     Senate Journal                      Page 1714
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 172                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
CS FOR SENATE BILL NO. 172(FIN) "An Act relating to an annual                                       
report by the court system to the public and the legislature" for                                   
consideration with the following amendment:                                                         
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          172(JUD)                                                                                  
                                                                                                    
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:                                           
                                                                                                    
HCS CSSB 172(JUD)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 172(FIN)?                                                                         
                                                                                                    
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 Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 172(JUD).                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1715
                          Standing Committee Reports                                             
                                                                                                    
HB 198                                                                                            
The Rules Committee considered CS FOR HOUSE BILL NO.                                                
198(RLS)(efd add) "An Act relating to a post-retirement pension                                     
adjustment for certain persons receiving benefits under the Elected                                 
Public Officers Retirement System, and establishing and relating to a                               
Compensation Commission for State Officials; and providing for an                                   
effective date." Signing no recommendation: Senator Pearce, Chair,                                  
Senators Ellis, Therriault. Signing do not pass: Senators Phillips,                                 
Cowdery.                                                                                            
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
HB 65                                                                                             
Memo dated May 8 was read, stating:                                                                 
                                                                                                    
The conference committee on HOUSE BILL NO. 65 has met and                                           
requests limited powers of free conference so that an amendment may                                 
be adopted.                                                                                         
                                                                                                    
Contingent upon the granting of limited powers of free conference, we                               
agree to the following amendment:                                                                   
                                                                                                    
Page 1, line 9, following "assistance":                                                             
 Insert "whenever they are eligible for coverage under 42 USC                                       
1396a(a)(10)(A)(ii)(XVIII) if they apply for the assistance before the                              
date that is two years after the effective date of this Act,"                                       
                                                                                                    
Page 2, line 30:                                                                                    
 Delete all material.                                                                               
                                                                                                    
Signing the memo: Representative Dyson, Chair, Representatives                                      
Murkowski, Hayes; Senators Green, Taylor.                                                           
                                                                                                    
President Halford granted limited powers of free conference as                                      
requested.                                                                                          

2001-05-08                     Senate Journal                      Page 1716
The following report was received and distributed at 1:40 p.m.,                                     
May 8, 2001:                                                                                        
                                                                 May 8, 2001                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered CS FOR HOUSE BILL NO. 65(HES) and                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 65(HES) am S and                                                
recommends                                                                                          
                                                                                                    
          CONFERENCE CS FOR HOUSE BILL NO. 65 "An                                                   
          Act relating to a new optional group of persons                                           
          eligible for medical assistance who require treatment                                     
          for breast or cervical cancer; and providing for an                                       
          effective date."                                                                          
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Representative Dyson, Chair, Representatives                                    
Murkowski, Hayes; Senators Green, Senator Taylor.                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Health and Social Services                                        
                                                                                                    
Senator Leman moved that the Senate adopt the Conference                                            
Committee Report on CONFERENCE CS FOR HOUSE BILL                                                    
NO. 65.                                                                                             
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 65                                             
"An Act relating to a new optional group of persons eligible for                                    
medical assistance who require treatment for breast or cervical cancer;                             
and providing for an effective date"?" The roll was taken with the                                  
following result:                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1717
                                                                                                    
CCS HB 65                                                                                           
Adopt Conference Committee Report?                                                                  
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                               
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson, Pearce                                         
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Leman moved the effective date clause.                                                      
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CCS HB 65                                                                                           
Effective Date Clause                                                                               
                                                                                                    
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 effective date clause was adopted.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 198                                                                                            
CS FOR HOUSE BILL NO. 198(RLS)(efd add) "An Act relating to a                                       
post-retirement pension adjustment for certain persons receiving                                    
benefits under the Elected Public Officers Retirement System, and                                   
establishing and relating to a Compensation Commission for State                                    
Officials; and providing for an effective date" was read the second                                 
time.                                                                                               
                                                                                                    

2001-05-08                     Senate Journal                      Page 1718
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.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 198(RLS)(efd add) was read the third                                          
time.                                                                                               
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 198(RLS)(efd                                       
add) "An Act relating to a post-retirement pension adjustment for                                   
certain persons receiving benefits under the Elected Public Officers                                
Retirement System, and establishing and relating to a Compensation                                  
Commission for State Officials; and providing for an effective date"                                
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 198(RLS)(efd add)                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Ellis, Elton, Green, Halford, Hoffman,                                     
Leman, Lincoln, Olson, Pearce, Taylor, Wilken                                                       
                                                                                                    
Nays:  Cowdery, Donley, Kelly, Phillips, Therriault, Torgerson, Ward                                
                                                                                                    
and so, CS FOR HOUSE BILL NO. 198(RLS)(efd add) passed the                                          
Senate.                                                                                             
                                                                                                    
Senator Leman moved the effective date clause.                                                      
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSHB 198(RLS)(efd add)                                                                              
Effective Date Clause                                                                               
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Donley, Ellis, Elton, Green, Halford,                                      
Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Taylor, Therriault,                                  
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Cowdery, Phillips                                                                            
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1719
and so, the effective date clause was adopted and the bill was signed                               
by the President and Secretary and returned to the House.                                           
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 113                                                                                            
Senator Leman requested that the reconsideration on SENATE CS                                       
FOR CS FOR HOUSE BILL NO. 113(HES) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 113(HES) "An Act relating to health care                                             
insurance payments for hospital or medical services; and providing for                              
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHB 113(HES)                                                                                   
Third Reading - On Reconsideration                                                                  
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, SENATE CS FOR CS FOR HOUSE BILL NO. 113(HES)                                                
passed the Senate on reconsideration.                                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
HB 121                                                                                            
Senator Leman requested that the reconsideration on SENATE CS                                       
FOR CS FOR HOUSE BILL NO. 121(JUD) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 121(JUD) "An Act relating to the issuance of                                         
qualified charitable gift annuities" pass the Senate?" The roll was                                 
taken with the following result:                                                                    

2001-05-08                     Senate Journal                      Page 1720
                                                                                                    
SCS CSHB 121(JUD)                                                                                   
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Pearce, Phillips, Taylor,                                  
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 121(JUD)                                                
passed the Senate on reconsideration and was referred to the Secretary                              
for engrossment.                                                                                    
                                                                                                    
HB 244                                                                                            
Senator Leman requested that the reconsideration on SENATE CS                                       
FOR CS FOR HOUSE BILL NO. 244(RES) be taken up. The bill was                                        
before the Senate on reconsideration.                                                               
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE BILL NO. 244(RES) "An Act relating to a grant of state land                                   
to the Denali Borough for a railroad and utility corridor and a railroad                            
development project; repealing provisions relating to a grant of a right-                           
of-way of land for a railroad and utility corridor to the Alaska                                    
Industrial Development and Export Authority; and providing for an                                   
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 244(RES)                                                                                   
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
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, SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES)                                                
passed the Senate.                                                                                  
                                                                                                    

2001-05-08                     Senate Journal                      Page 1721
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
HB 76                                                                                             
Senator Leman requested that the reconsideration on SENATE CS                                       
FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                                    
76(FIN) "An Act providing for and relating to the issuance of                                       
certificates of participation to finance construction of a new facility to                          
be known as the Alaska Psychiatric Institute; giving notice of and                                  
approving the entry into and the issuance of certificates of                                        
participation in a lease-purchase agreement for construction of a new                               
facility to be known as the Alaska Psychiatric Institute; giving notice                             
of the intent and approval to retain investment income from pertinent                               
appropriations to be applied to the cost of construction of a new                                   
facility to be known as the Alaska Psychiatric Institute; relating to the                           
construction of a facility to be known as the Alaska Psychiatric                                    
Institute; and providing for an effective date" be taken up. The bill was                           
before the Senate on reconsideration.                                                               
                                                                                                    
Senator Donley moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Donley offered Amendment No. 1 :                                                             
                                                                                                    
Page 3, following line 3:                                                                           
 Insert a new subsection to read:                                                                   
 "(e) The legislature also finds that the commitment of at least                                    
$15,000,000 in federal funds for demolition of the current facility                                 
known as the Alaska Psychiatric Institute and the reclamation of the                                
site of the facility is essential to relocation and replacement of the                              
Alaska Psychiatric Institute and the construction of a new facility to be                           
known as the Alaska Psychiatric Institute."                                                         
                                                                                                    
Page 3, line 6:                                                                                     
 Delete "The"                                                                                       
 Insert  "Subject to sec. 7 of this Act, the"                                                       
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1722
Page 3, lines 12 - 13:                                                                              
 Delete "The Department of Health and Social Services"                                              
 Insert  "Subject to sec. 7 of this Act, the commissioner of health                                 
and social services"                                                                                
                                                                                                    
Page 3, lines 24 - 25:                                                                              
 Delete "Subject to annual appropriation, the Department of Health                                  
and Social  Services"                                                                               
 Insert "Subject to sec. 7 of this Act and subject to annual                                        
appropriation, the commissioner of health and social services"                                      
                                                                                                    
Page 4, line 9:                                                                                     
 Delete "Department of Health and Social Services"                                                  
 Insert "commissioner of health and social services"                                                
                                                                                                    
Page 4, lines 19 - 26:                                                                              
 Delete all material and insert:                                                                    
"* Sec. 7.  The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                       
 CONTINGENCY. The authorization of the commissioner of                                              
health and social services to provide for the construction of a new                                 
facility to be known as the Alaska Psychiatric Institute under sec. 2 of                            
this Act and to enter into a lease-purchase agreement for a facility to                             
be known as the Alaska Psychiatric Institute under secs. 3 and 5 of this                            
Act is contingent upon the prior occurrence of either of the following                              
events:                                                                                             
       (1) the enactment of an appropriation by the United States                                   
     Congress in the amount of at least $15,000,000 for the demolition                              
     of the current facility known as the Alaska Psychiatric Institute                              
     and for reclamation of the site of the facility; or                                            
       (2) the receipt by the state of a grant of federal funds in                                  
     the amount of at least $15,000,000 for the demolition of the                                   
     current facility known as the Alaska Psychiatric Institute and for                             
     reclamation of the site of the facility.                                                       
   * Sec. 8.  This Act takes effect immediately under AS 01.10.070(c)."                           
                                                                                                    
Senator Donley moved for the adoption of Amendment No. 1.                                           
Objections were heard.                                                                              
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1723
Senator Phillips moved and asked unanimous consent to abstain from                                  
voting because of a conflict of interest. Objections were heard and                                 
Senator Phillips was required to vote.                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSSSHB 76(FIN)                                                                                  
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Donley, Green, Halford, Kelly, Taylor, Ward, Wilken                                          
                                                                                                    
Nays:  Austerman, Cowdery, Davis, Ellis, Elton, Hoffman, Leman,                                     
Lincoln, Olson, Pearce, Phillips, Therriault, Torgerson                                             
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
The bill was automatically in third reading.                                                        
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 76(FIN) "An Act                                               
providing for and relating to the issuance of certificates of                                       
participation to finance construction of a new facility to be known as                              
the Alaska Psychiatric Institute; giving notice of and approving the                                
entry into and the issuance of certificates of participation in a lease-                            
purchase agreement for construction of a new facility to be known as                                
the Alaska Psychiatric Institute; giving notice of the intent and                                   
approval to retain investment income from pertinent appropriations to                               
be applied to the cost of construction of a new facility to be known as                             
the Alaska Psychiatric Institute; relating to the construction of a                                 
facility to be known as the Alaska Psychiatric Institute; and providing                             
for an effective date" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1724
                                                                                                    
SCS CSSSHB 76(FIN)                                                                                  
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Ellis, Elton, Green, Hoffman, Kelly, Leman,                                
Lincoln, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward,                              
Wilken                                                                                              
                                                                                                    
Nays:  Cowdery, Donley, Halford                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR                                                 
HOUSE BILL NO. 76 (FIN) passed the Senate on reconsideration.                                       
                                                                                                    
Senator Leman moved the effective date clause.                                                      
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SCS CSSSHB 76(FIN)                                                                                  
Effective Date Clause                                                                               
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Elton, Green, Halford,                                    
Hoffman, Kelly, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault,                               
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Ellis, Leman                                                                                 
                                                                                                    
and so, the effective date clause was adopted and the bill was referred                             
to the Secretary for engrossment.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
temporarily advance down the calendar to consideration of SENATE                                    
CS FOR CS FOR HOUSE BILL NO. 250(FIN). Without objection,                                           
the Senate proceeded to:                                                                            
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 250                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 250(FIN) was read the                                           
third time.                                                                                         

2001-05-08                     Senate Journal                      Page 1725
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 250(FIN) "An Act relating to missions and measures to be                                        
applied to certain expenditures by the executive branch of state                                    
government and the University of Alaska from the state operating                                    
budget for the fiscal year ending June 30, 2002; and providing for an                               
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 250(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor,                                  
Therriault, Ward, Wilken                                                                            
                                                                                                    
Absent:  Kelly, Torgerson                                                                           
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 250(FIN)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
temporarily return to consideration of CS FOR HOUSE BILL NO.                                        
102 (JUD) am S. Without objection, the Senate returned to:                                          
                                                                                                    
HB 102                                                                                            
CS FOR HOUSE BILL NO. 102(JUD) am S was read the third time.                                        
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 102(JUD) am                                        
S "An Act relating to the theft of propelled vehicles" pass the Senate?"                            
The roll was taken with the following result:                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1726
                                                                                                    
CSHB 102(JUD) am S                                                                                  
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Donley, Ellis, Elton, Green, Halford,                                        
Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor, Therriault,                               
Ward, Wilken                                                                                        
                                                                                                    
Absent:  Austerman, Kelly, Torgerson                                                                
                                                                                                    
and so, CS FOR HOUSE BILL NO. 102(JUD) am S passed the Senate                                       
and was referred to the Secretary for engrossment.                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
temporarily advance to consideration of CS FOR HOUSE BILL NO.                                       
167(STA). Without objection, the Senate proceeded to:                                               
                                                                                                    
HB 167                                                                                            
CS FOR HOUSE BILL NO. 167(STA) was read the third time.                                             
                                                                                                    
Senators Wilken, Leman, Taylor, Pearce, Austerman, Phillips,                                        
Cowdery moved and asked unanimous consent to be shown as cross                                      
sponsors on the bill. Without objection, it was so ordered.                                         
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 167(STA)                                           
"An Act relating to license plates for Alaska National Guard personnel                              
and for antique motor vehicles; and providing for an effective date"                                
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 167(STA)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Lincoln, Olson, Pearce, Phillips, Taylor,                                  
Therriault, Ward, Wilken                                                                            
                                                                                                    
Absent:  Kelly, Torgerson                                                                           
                                                                                                    
and so, CS FOR HOUSE BILL NO. 167 (STA) passed the Senate.                                          

2001-05-08                     Senate Journal                      Page 1727
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.                                              
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to a call of the Chair. Without objection, the Senate                               
recessed at 3:37 p.m.                                                                               
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 9:34 p.m.                                                                  
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
return to Messages from the House. Without objection, the Senate                                    
returned to:                                                                                        
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HCR 14                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 14 Suspending Rules                                                 
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning Senate Bill No. 133, relating to high school                                
competency testing, was read.                                                                       
                                                                                                    
President Halford stated if there was no objection, HOUSE                                           
CONCURRENT RESOLUTION NO. 14 would be adopted. By                                                   
unanimous consent, HOUSE CONCURRENT RESOLUTION NO. 14                                               
passed the Senate, was signed by the President and Secretary and was                                
returned to the House.                                                                              
                                                                                                    
SB 133                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 133(HES) am "An Act                                        
relating to a two-year transition for implementation of the public high                             
school competency examination and to establishing a secondary                                       
student competency examination as a high school graduation                                          
requirement; and providing for an effective date" with the following                                
amendment:                                                                                          

2001-05-08                     Senate Journal                      Page 1728
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          133(RLS) "An Act relating to a two-year transition                                        
          for implementation of the public high school                                              
          competency examination and to establishing a                                              
          secondary student competency examination as a high                                        
          school graduation requirement; relating to certain                                        
          reports regarding academic performance of schools;                                        
          and providing for an effective date."                                                     
          (Title change authorized by HCR 14)                                                       
                                                                                                    
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:                                           
                                                                                                    
HCS CSSB 133(RLS)                                                                                   
Shall the Senate Concur in the House                                                                
amendment to CSSB 133(HES) am? (effective dates)                                                    
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Leman, Olson, Pearce, Phillips, Taylor, Therriault,                               
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Absent:  Kelly, Lincoln                                                                             
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 133(RLS) "An Act                                                
relating to a two-year transition for implementation of the public high                             
school competency examination and to establishing a secondary                                       
student competency examination as a high school graduation                                          
requirement; relating to certain reports regarding academic                                         
performance of schools; and providing for an effective date."                                       
                                                                                                    
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.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1729
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 174                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 174(RLS) with the                                          
following amendment:                                                                                
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          174(FIN) "An Act establishing a base student                                              
          allocation for purposes of determining education                                          
          funding in the amount of $4,010; providing that only                                      
          50 percent of the annual increase in assessed value                                       
          may be included for purposes of calculating the                                           
          required contribution to education from a city or                                         
          borough school district; providing that a community                                       
          with at least 101 students but not more than 425                                          
          students in average daily membership is counted as                                        
          one elementary and one secondary school, and that,                                        
          in a community with more than 425 students in                                             
          average daily membership, each facility administered                                      
          as a separate school, except certain alternative                                          
          schools, is counted as a school; and providing for an                                     
          effective date."                                                                          
                                                                                                    
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:                                           
                                                                                                    
HCS CSSB 174(FIN)                                                                                   
Shall the Senate Concur in the House                                                                
amendment to CSSB 174(RLS)?(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                                                         
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1730
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 174(FIN) "An Act                                                
establishing a base student allocation for purposes of determining                                  
education funding in the amount of $4,010; providing that only 50                                   
percent of the annual increase in assessed value may be included for                                
purposes of calculating the required contribution to education from a                               
city or borough school district; providing that a community with at                                 
least 101 students but not more than 425 students in average daily                                  
membership is counted as one elementary and one secondary school,                                   
and that, in a community with more than 425 students in average daily                               
membership, each facility administered as a separate school, except                                 
certain alternative schools, is counted as a school; and providing for an                           
effective date."                                                                                    
                                                                                                    
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.                                              
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
HB 127                                                                                            
The following report was received and distributed at 5:35 p.m.,                                     
May 8, 2001:                                                                                        
                                                                 May 8, 2001                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered CS FOR HOUSE BILL NO. 127(RLS) and                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 127(TRA) am S and                                               
recommends                                                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1731
                   2d CONFERENCE CS FOR HOUSE BILL NO. 127                                         
                "An Act relating to aviation and to emergency                                      
          equipment to be carried on aircraft."                                                     
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Senator Halford, Chair, Senators Taylor, Olson;                                 
Representative Harris, Chair, Representatives Bunde, Kerttula.                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the motion                                     
to adopt the first conference committee report be withdrawn. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
Senator Leman moved that the Senate adopt the Conference                                            
Committee Report on 2d CONFERENCE CS FOR HOUSE BILL                                                 
NO. 127.                                                                                            
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on 2d CONFERENCE CS FOR HOUSE BILL NO.                                             
127 "An Act relating to aviation and to emergency equipment to be                                   
carried on aircraft"?" The roll was taken with the following result:                                
                                                                                                    
2d CCS HB 127                                                                                       
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.                                                    
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 186                                                                                            
CS FOR SENATE BILL NO. 186(FIN) was read the third time.                                            
                                                                                                    

2001-05-08                     Senate Journal                      Page 1732
The question being: "Shall CS FOR SENATE BILL NO. 186(FIN)                                          
"An Act relating to municipal taxes on oil and gas production and                                   
pipeline property; establishing a limit on the general obligation debt                              
that may be authorized and issued by home rule and general law                                      
municipalities; and providing for an effective date" pass the Senate?"                              
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 186(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Donley, Green, Halford, Kelly, Leman, Phillips,                                     
Taylor, Therriault, Ward, Wilken                                                                    
                                                                                                    
Nays:  Austerman, Davis, Ellis, Elton, Hoffman, Lincoln, Olson,                                     
Pearce, Torgerson                                                                                   
                                                                                                    
and so, CS FOR SENATE BILL NO. 186(FIN) passed the Senate.                                          
                                                                                                    
Senator Leman moved the effective date clauses.                                                     
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 186(FIN)                                                                                       
Effective Date Clauses                                                                              
                                                                                                    
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 effective date clauses were adopted.                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
proceed to CS FOR HOUSE BILL NO. 181(JUD). Without objection,                                       
the Senate proceeded to:                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1733
                         Third Reading of House Bills                                            
                                                                                                    
HB 181                                                                                            
CS FOR HOUSE BILL NO. 181(JUD) was read the third time.                                             
                                                                                                    
Senator Davis moved and asked unanimous consent to be shown as a                                    
cross sponsor on the bill. Without objection, it was so ordered.                                    
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 181(JUD) "An                                       
Act relating to the obligations of spouses, to insurance policies of                                
spouses, to the nonprobate transfer of property on death to a                                       
community property trust, to the division of the community property                                 
of spouses at death, and to the Alaska Community Property Act;                                      
amending Rule 301, Alaska Rules of Evidence; and providing for an                                   
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 181(JUD)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date/Court Rules                                                                          
                                                                                                    
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 HOUSE BILL NO. 181 (JUD) passed the Senate.                                          
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the court rule                                    
changes. Without objection, it was so ordered and the bill was signed                               
by the President and Secretary and returned to the House.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1734
HB 228                                                                                            
CS FOR HOUSE BILL NO. 228(FIN) "An Act relating to the                                              
accounting of fees from business license endorsements for tobacco                                   
products, to the disclosure of certain confidential cigarette and tobacco                           
product information, to notification regarding a cigarette                                          
manufacturer's noncompliance with the tobacco product Master                                        
Settlement Agreement, to business license endorsements for sale of                                  
tobacco products, to citations and penalties for illegal sales of tobacco                           
products; and providing for an effective date" was read the third time.                             
                                                                                                    
Senator Leman moved and asked unanimous consent for the adoption                                    
of the following Letter of Intent:                                                                  
                                                                                                    
                               Letter of Intent                                                    
                                     for                                                           
                        CS FOR HOUSE BILL NO. 228(FIN)                                             
                                                                                                    
          With the enactment and funding of HB 228, the                                             
          Legislature intends for the Department of Health and                                      
          Social Services to comply with the Synar                                                  
          Amendment section 1926 of the Public Health                                               
          Service Act. The Department shall report its progress                                     
          in reducing the rate of tobacco sales to minors to the                                    
          Senate and House Finance committees by January 15                                         
          of each year. The Department shall advise the                                             
          Finance committees when the State has reduced the                                         
          rate of tobacco sales to minors below this federal                                        
          threshold.                                                                                
                                                                                                    
Without objection, the Senate Letter of Intent was adopted.                                         
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 228(FIN) "An                                       
Act relating to the accounting of fees from business license                                        
endorsements for tobacco products, to the disclosure of certain                                     
confidential cigarette and tobacco product information, to notification                             
regarding a cigarette manufacturer's noncompliance with the tobacco                                 
product Master Settlement Agreement, to business license                                            
endorsements for sale of tobacco products, to citations and penalties                               
for illegal sales of tobacco products; and providing for an effective                               
date" pass the Senate?" The roll was taken with the following result:                               

2001-05-08                     Senate Journal                      Page 1735
                                                                                                    
CSHB 228(FIN)                                                                                       
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 HOUSE BILL NO. 228(FIN) 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 signed                               
by the President and Secretary and returned to the House with a Senate                              
Letter of Intent.                                                                                   
                                                                                                    
SB 186                                                                                            
Senator Ellis moved that the Senate rescind its previous action in                                  
passing CS FOR SENATE BILL NO. 186(FIN) "An Act relating to                                         
municipal taxes on oil and gas production and pipeline property;                                    
establishing a limit on the general obligation debt that may be                                     
authorized and issued by home rule and general law municipalities;                                  
and providing for an effective date."                                                               
                                                                                                    
The question being: "Shall the Senate rescind its previous action?" The                             
roll was taken with the following result:                                                           
                                                                                                    
CSSB 186(FIN)                                                                                       
Rescind Previous Action                                                                             
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Ellis, Elton, Hoffman, Lincoln, Olson,                                     
Pearce, Torgerson                                                                                   
                                                                                                    
Nays:  Cowdery, Donley, Green, Halford, Kelly, Leman, Phillips,                                     
Taylor, Therriault, Ward, Wilken                                                                    
                                                                                                    
and so, the action was not rescinded, and the bill was referred to the                              
Secretary for engrossment.                                                                          

2001-05-08                     Senate Journal                      Page 1736
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
move up the calendar to HOUSE BILL NO. 90. Without objection, the                                   
Senate returned to:                                                                                 
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 90                                                                                             
CS FOR HOUSE BILL NO. 90(FIN) "An Act relating to                                                   
reimbursement of municipal bonds for school construction; and                                       
providing for an effective date" was read the third time.                                           
                                                                                                    
Senator Kelly moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 1.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Kelly offered Amendment No. 1 :                                                              
                                                                                                    
Page 5, following line 26:                                                                          
 Insert a new bill section to read:                                                                 
   "* Sec. 3.  AS 14.11.100(o) is amended to read:                                                
 (o)  The total amount of school construction projects approved for                                 
reimbursement by the department under (a)(10) of this section                                       
  (1)  may not exceed $180,064,912 [$151,019,000]; and                                          
  (2)  after June 30, 1998, and until July 1, 2004, shall be                                        
allocated as follows:                                                                               
   (A)  $77,897,000 to projects in a municipality with a                                            
public school enrollment of 25,000 or more students in fiscal year                                  
2000, as determined under AS 14.17.500;                                                             
   (B)  $14,571,000 to projects in a municipality with a                                            
public school enrollment of at least 15,000 but less than 25,000                                    
students in fiscal year 2000, as determined under AS 14.17.500;                                     
   (C)  $14,143,000 to projects in a municipality with a                                            
public school enrollment of at least 10,000 but less than 15,000                                    
students in fiscal year 2000, as determined under AS 14.17.500;                                     
   (D)  $7,429,000 to projects in a municipality with a                                             
public school enrollment of at least 7,500 but less than 10,000 students                            
in fiscal year 2000, as determined under AS 14.17.500;                                              
   (E)  $20,712,912 [$7,717,000] to projects in a                                               
municipality with a public school enrollment of at least 5,000 but less                             

2001-05-08                     Senate Journal                      Page 1737
than 7,500 students in fiscal year 2000, as determined under                                        
AS 14.17.500;                                                                                       
   (F)  $2,660,000 to projects in a municipality with a public                                      
school enrollment of at least 2,750 but less than 3,000 students in                                 
fiscal year 2000, as determined under AS 14.17.500;                                                 
   (G)  $454,000 to projects in a municipality with a public                                        
school enrollment of at least 2,400 but less than 2,750 students in                                 
fiscal year 2000, as determined under AS 14.17.500;                                                 
   (H)  $36,290,000 [$22,790,000] to projects in a                                              
municipality with a public school enrollment of at least 2,050 but less                             
than 2,400 students in fiscal year 2000, as determined under                                        
AS 14.17.500;                                                                                       
   (I)  $329,000 to projects in a municipality with a public                                        
school enrollment of at least 1,700 but less than 1,750 students in                                 
fiscal year 2000, as determined under AS 14.17.500;                                                 
   (J)  $286,000 to projects in a municipality with a public                                        
school enrollment of at least 650 but less than 725 students in fiscal                              
year 2000, as determined under AS 14.17.500;                                                        
   (K)  $519,000 to projects in a municipality with a public                                        
school enrollment of at least 500 but less than 525 students in fiscal                              
year 2000, as determined under AS 14.17.500;                                                        
   (L)  $2,224,000 to projects in a municipality with a public                                      
school enrollment of at least 425 but less than 482 students in fiscal                              
year 2000, as determined under AS 14.17.500;                                                    
   (M)  $2,550,000 to projects in a municipality with a                                         
public school enrollment of at least 350 but less than 373 students                             
in fiscal year 2000, as determined under AS 14.17.500."                                         
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Senator Kelly moved for the adoption of Amendment No. 1. Senator                                    
Phillips objected.                                                                                  
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1738
                                                                                                    
CSHB 90(FIN)                                                                                        
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Taylor,                                     
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Phillips                                                                                     
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
CS FOR HOUSE BILL NO. 90(FIN) am S was automatically in third                                       
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 90(FIN) am S                                       
"An Act relating to reimbursement of municipal bonds for school                                     
construction; and providing for an effective date" pass the Senate?"                                
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 90(FIN) am S                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Taylor,                                     
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Phillips                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 90(FIN) am S passed the Senate.                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Kelly moved that the Senate rescind its previous action in                                  
passing CS FOR HOUSE BILL NO. 90(FIN) am S. Without                                                 
objection, it was so ordered.                                                                       

2001-05-08                     Senate Journal                      Page 1739
CS FOR HOUSE BILL NO. 90(FIN) am S "An Act relating to                                              
reimbursement of municipal bonds for school construction; and                                       
providing for an effective date" was automatically before the Senate in                             
third reading.                                                                                      
                                                                                                    
Senator Kelly moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 2.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Kelly offered Amendment No. 2 :                                                              
                                                                                                    
Page 2, line 22:                                                                                    
 Delete "350"                                                                                   
 Insert "290"                                                                                   
                                                                                                    
Page 2, line 22:                                                                                    
 Delete "373"                                                                                   
 Insert "305"                                                                                   
                                                                                                    
Senator Kelly moved for the adoption of Amendment No. 2.                                            
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHB 90(FIN) am S                                                                                   
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Taylor,                                     
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Phillips                                                                                     
                                                                                                    
and so, Amendment No. 2 was adopted.                                                                
                                                                                                    
CS FOR HOUSE BILL NO. 90(FIN) am S was automatically in third                                       
reading.                                                                                            
                                                                                                    

2001-05-08                     Senate Journal                      Page 1740
The question being, "Shall CS FOR HOUSE BILL NO. 90(FIN) am S                                       
"An Act relating to reimbursement of municipal bonds for school                                     
construction; and providing for an effective date" pass the Senate?"                                
The roll was taken with the following result:                                                       
                                                                                                    
CSHB 90(FIN) am S                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Taylor,                                     
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Phillips, Therriault                                                                         
                                                                                                    
and so, CS FOR HOUSE BILL NO. 90(FIN) am S passed the Senate.                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered and the bill was referred                              
to the Secretary for engrossment.                                                                   
                                                                                                    
HB 234                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 234(FIN) am S "An                                               
Act relating to the tobacco use education and cessation fund and to                                 
smoking education and cessation programs; relating to funding the                                   
tobacco use education and cessation fund; relating to financing of                                  
construction and major maintenance of public school facilities,                                     
facilities for the University of Alaska, and facilities for ports and                               
harbors; authorizing the commissioner of revenue to sell the right to                               
receive a portion of the anticipated revenue from a tobacco litigation                              
settlement to the Northern Tobacco Securitization Corporation;                                      
relating to the deposit of certain anticipated revenue from a tobacco                               
litigation settlement; authorizing the issuance of bonds by the                                     
Northern Tobacco Securitization Corporation with proceeds to finance                                
public school construction and major maintenance, facilities for the                                
University of Alaska, and facilities for ports and harbors; and                                     
providing for an effective date" was read the third time.                                           
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1741
Senator Kelly moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 4.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Kelly offered Amendment No. 4 :                                                              
                                                                                                    
Insert after page 4, line 8:                                                                        
Yupiit - Akiak School Repairs                                          177,571                      
Galena - Project Education Food Service Renovation                     261,806                      
Southwest Region - Koliganek School Improvement                        451,993                      
Southwest Region - Ekwok, Koliganek, Togiak                                                         
     Schools Heating System Upgrade                                    122,256                      
Hoonah City - Hoonah Swimming Pool Sprinkler System  220,476                                        
Galena - High School Remodel                                           167,846                      
Kenai Peninsula - McNeil Canyon Replace Septic System  171,500                                      
Kake City - Kake High School Renovation Phase II                       175,065                      
Chatham - Angoon High School Major Maintenance                       1,730,507                      
Tanana City - Tanana Kitchen Renovation                                438,539                      
Wrangell City - Wrangell Elementary Schools Renovation  1,129,238                                   
Lower Yukon - Emmonak Mechanical System Upgrade  574,885                                            
Lower Yukon - Alakanuk Mechanical System Upgrade  899,740                                           
Iditarod Area - Takotna Community School Water Project  192,374                                     
Kenai Peninsula - Seward Middle School Gym Reroof                      278,275                      
Iditarod Area - Innoko River School Bathroom, Shower &                                              
    Underfloor Damage Repairs                                           46,746                      
Iditarod Area - McGrath School Heating Design, Boiler                                               
    Replacement & Repairs                                              235,200                      
Kenai Peninsula - Kenai Central High School Reinsulate                                              
    Exterior Walls                                                     385,610                      
Alaska Gateway - Tok Multipurpose Recreational                                                      
    Complex Renovation Project                                         961,612                      
Adjust the totals on page 2, line 27 and page 4, line 10, accordingly.                              
                                                                                                    
Insert after page 3, line 28:                                                                       
Bering Strait - Koyuk School K-12 Replacement                      11,660,343                       
Yupiit - Tuluksak School Improvement-Planning                          768,850                      
Adjust the totals on page 2, line 27 and page 4, line 10, accordingly.                              
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1742
Page 4, line 14 through 17, delete:                                                                 
University of Alaska - Anchorage                                                                    
   Science/Biomedical Facilities Renovations/                                                       
   Classroom Renovation/Housing Safety Upgrades/                                                    
   Pool Replacement                                                10,990,800                       
                                                                                                    
Page 4, line 14 through 17, insert:                                                                 
University of Alaska - Anchorage                                                                    
   Science/Biomedical Facilities Renovations/                                                       
   Classroom Renovation/Housing Safety Upgrades/                                                    
   Pool Replacement                                                10,200,000                       
Adjust the totals on page 2, line 27 and page 4, line 29 accordingly.                               
                                                                                                    
Senator Kelly moved for the adoption of Amendment No. 4.                                            
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 4 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 234(FIN) am S                                                                              
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Ellis, Elton, Halford, Hoffman, Kelly,                                     
Leman, Lincoln, Olson, Pearce, Taylor, Therriault, Wilken                                           
                                                                                                    
Nays:  Cowdery, Donley, Green, Phillips, Torgerson, Ward                                            
                                                                                                    
and so, Amendment No. 4 was adopted.                                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 234(FIN) am S was                                               
automatically in third reading.                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1743
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 234(FIN) am S "An Act relating to the tobacco use education and                                 
cessation fund and to smoking education and cessation programs;                                     
relating to funding the tobacco use education and cessation fund;                                   
relating to financing of construction and major maintenance of public                               
school facilities, facilities for the University of Alaska, and facilities                          
for ports and harbors; authorizing the commissioner of revenue to sell                              
the right to receive a portion of the anticipated revenue from a tobacco                            
litigation settlement to the Northern Tobacco Securitization                                        
Corporation; relating to the deposit of certain anticipated revenue from                            
a tobacco litigation settlement; authorizing the issuance of bonds by                               
the Northern Tobacco Securitization Corporation with proceeds to                                    
finance public school construction and major maintenance, facilities                                
for the University of Alaska, and facilities for ports and harbors; and                             
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 234(FIN) am S                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Davis, Donley, Ellis, Elton, Halford, Hoffman,                                    
Kelly, Leman, Lincoln, Olson, Pearce, Taylor, Wilken                                                
                                                                                                    
Nays:  Cowdery, Green, Phillips, Therriault, Torgerson, Ward                                        
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 234(FIN) am                                             
S 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.                                                       
                                                                                                    
In accordance with Rule 43(b) of the Uniform Rules, President                                       
Halford waived engrossment of Amendment No. 4 and the bill was                                      
referred to the Secretary for transmittal to the House with a certified                             
amendment attached.                                                                                 
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1744
Senator Leman moved and asked unanimous consent that the Senate                                     
return to Special Committee Reports. Without objection, the Senate                                  
returned to:                                                                                        
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
HB 103                                                                                            
The Conference Committee Report on CONFERENCE CS FOR                                                
HOUSE BILL NO. 103, which had been held on the Secretary's Desk                                     
(Page 1619) was before the Senate.                                                                  
                                                                                                    
Senator Leman moved that the Senate adopt the Conference                                            
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
103.                                                                                                
                                                                                                    
Senator Pearce called the Senate. The call was satisfied.                                           
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
103 "An Act making appropriations for the operating and loan                                        
program expenses of state government, for certain programs, and to                                  
capitalize funds; and providing for an effective date"?" The roll was                               
taken with the following result:                                                                    
                                                                                                    
CCS HB 103                                                                                          
Adopt the Conference Committee Report?                                                              
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Hoffman, Kelly,                                  
Leman, Taylor, Therriault, Ward, Wilken                                                             
                                                                                                    
Nays:  Davis, Ellis, Elton, Lincoln, Olson, Pearce, Phillips, Torgerson                             
                                                                                                    
Olson changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Leman moved the effective date clauses.                                                     
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    

2001-05-08                     Senate Journal                      Page 1745
                                                                                                    
CCS HB 103                                                                                          
Effective Date Clauses                                                                              
                                                                                                    
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 effective date clauses were adopted.                                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HB 104                                                                                            
The Conference Committee Report on CONFERENCE CS FOR                                                
HOUSE BILL NO. 104, which had been held on the Secretary's Desk                                     
(Page 1620) was before the Senate.                                                                  
                                                                                                    
Senator Leman moved that the Senate adopt the Conference                                            
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
104.                                                                                                
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
104 "An Act making appropriations for the operating and capital                                     
expenses of the state's integrated comprehensive mental health                                      
program; and providing for an effective date"?" The roll was taken                                  
with the following result:                                                                          
                                                                                                    
CCS HB 104                                                                                          
Adopt Conference Committee Report?                                                                  
Effective Date Clause                                                                               
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Hoffman, Kelly,                                  
Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken                                
                                                                                                    
Nays:  Davis, Ellis, Elton, Lincoln, Olson                                                          
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    

2001-05-08                     Senate Journal                      Page 1746
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.                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Archbishop Francis Hurley, An Alaskan - A Priest - A                                     
Servant                                                                                             
Representative(s) Murkowski                                                                         
Senator(s) Leman, Phillips, Ward, Pearce, Halford, Austerman, Elton,                                
Taylor, Lincoln, Davis, Green, Kelly, Wilken, Donley, Ellis, Hoffman                                
                                                                                                    
In Memoriam - Hugh Malone                                                                           
Senator(s) Elton, Lincoln, Halford, Pearce, Phillips, Ward, Austerman,                              
Taylor, Davis, Green, Kelly, Wilken, Leman, Ellis, Hoffman                                          
Representative(s) Kerttula, Hudson                                                                  
                                                                                                    
In Memoriam - Bill Besser                                                                           
Senator(s) Phillips, Ward, Pearce, Halford, Austerman, Elton, Taylor,                               
Lincoln, Davis, Green, Kelly, Wilken, Leman, Donley, Hoffman                                        
                                                                                                    
In Memoriam - Emil Dolchok                                                                          
Senator(s) Ward, Pearce, Halford, Austerman, Elton, Taylor, Lincoln,                                
Davis, Green, Kelly, Wilken, Leman, Donley, Hoffman                                                 
                                                                                                    
In Memoriam - Earl Cook                                                                             
Representative(s) Fate, James, Coghill, Whitaker, Hayes, Davies                                     
Senator(s) Wilken, Therriault, Kelly, Ward, Pearce, Halford,                                        
Austerman, Elton, Taylor, Lincoln, Davis, Green, Leman, Hoffman                                     
                                                                                                    
In Memoriam - James S. Hickman                                                                      
Representative(s) Berkowitz                                                                         
Senator(s) Leman, Ward, Pearce, Halford, Austerman, Elton, Taylor,                                  
Lincoln, Davis, Green, Kelly, Wilken, Donley, Hoffman                                               
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1747
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.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the Citation                                   
Calendar be taken up as a special order of business. Without objection,                             
it was so ordered.                                                                                  
                                                                                                    
                     Special Order of Business Citations                                         
                                                                                                    
Honoring - Jessica Thygeson                                                                         
Senator(s) Green, Halford, Pearce, Wilken, Austerman, Elton,                                        
Hoffman, Leman, Taylor, Davis, Lincoln, Kelly                                                       
                                                                                                    
Honoring - USS Ticonderoga Veterans' Association                                                    
Representative(s) Cissna                                                                            
Senator(s) Davis, Halford, Pearce, Wilken, Donley, Phillips,                                        
Austerman, Elton, Hoffman, Leman, Taylor, Green, Lincoln, Kelly                                     
                                                                                                    
Honoring - Billy McCann                                                                             
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Halford, Pearce, Wilken, Austerman, Elton,                                      
Leman, Taylor, Davis, Green, Lincoln, Kelly                                                         
                                                                                                    
Honoring - Reverend Doctor Michael Oleksa                                                           
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Halford, Pearce, Wilken, Austerman, Elton,                                      
Leman, Taylor, Davis, Green, Lincoln, Kelly                                                         
                                                                                                    
Honoring - Mat-Su School District's Seeuonline Program                                              
Representative(s) Masek                                                                             
Senator(s) Green, Halford, Pearce, Wilken, Austerman, Elton,                                        
Hoffman, Leman, Taylor, Davis, Lincoln, Kelly                                                       
                                                                                                    
Honoring - Bruce Gifford                                                                            
Representative(s) Hudson, Kerttula                                                                  
Senator(s) Elton, Halford, Pearce, Wilken, Austerman, Hoffman,                                      
Leman, Taylor, Davis, Green, Lincoln, Kelly                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1748
Honoring - Lieutenant Dave Lorring                                                                  
Representative(s) Hayes                                                                             
Senator(s) Wilken, Halford, Pearce, Austerman, Elton, Hoffman,                                      
Leman, Taylor, Davis, Green, Lincoln, Kelly                                                         
                                                                                                    
Recognizing - Whittier Access Project, American Society of Civil                                    
Engineers' 2001 Outstanding Civil Engineering Achievement Award                                     
Senator(s) Leman, Halford, Pearce, Wilken, Austerman, Elton,                                        
Hoffman, Taylor, Davis, Green, Lincoln, Kelly                                                       
                                                                                                    
In Memoriam - Elmer Edwin Rasmuson                                                                  
Senator(s) Leman, Pearce, Halford, Wilken, Donley, Phillips,                                        
Austerman, Elton, Hoffman, Taylor, Davis, Green, Lincoln, Kelly                                     
Representative(s) Berkowitz                                                                         
                                                                                                    
In Memoriam - Jessie Withrow                                                                        
Senator(s) Ellis, Halford, Pearce, Wilken, Donley, Austerman, Elton,                                
Hoffman, Leman, Taylor, Davis, Green, Lincoln, Kelly                                                
                                                                                                    
In Memoriam - Scott Dull, M.D.                                                                      
Senator(s) Ellis, Halford, Pearce, Wilken, Donley, Phillips,                                        
Austerman, Elton, Hoffman, Leman, Taylor, Davis, Green, Lincoln,                                    
Kelly                                                                                               
                                                                                                    
In Memoriam - Harold James John Sipary                                                              
Representative(s) Joule                                                                             
Senator(s) Olson, Halford, Pearce, Wilken, Austerman, Elton,                                        
Hoffman, Leman, Taylor, Davis, Green, Lincoln, Kelly                                                
                                                                                                    
In Memoriam - Shirley Ruth Parham                                                                   
Representative(s) Hayes                                                                             
Senator(s) Wilken, Halford, Pearce, Austerman, Elton, Hoffman,                                      
Leman, Taylor, Davis, Green, Lincoln, Kelly                                                         
                                                                                                    
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.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    

2001-05-08                     Senate Journal                      Page 1749
                      Special Order of Business Citation                                         
                                                                                                    
In Memoriam - Claude L. Gabbett                                                                     
Representative(s) Chenault                                                                          
Senator(s) Halford, Pearce, Austerman, Elton, Hoffman, Taylor,                                      
Davis, Green, Lincoln, Kelly                                                                        
                                                                                                    
Senator Leman moved and asked unanimous consent that the citation                                   
be adopted. Without objection, the citation was adopted and referred to                             
the Secretary for transmittal.                                                                      
                                                                                                    
Senator Pearce lifted the call.                                                                     
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in recess to a call of the Chair. Without objection, the Senate                               
recessed at 10:42 p.m.                                                                              
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 11:43 p.m.                                                                 
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
return to Messages from the House. Without objection, the Senate                                    
returned to:                                                                                        
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 29                                                                                             
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 29(FIN) am(brf sup                                         
maj fld) "An Act making and amending appropriations and                                             
reappropriations; and providing for an effective date" with the                                     
following amendments:                                                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1750
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          29(FIN) am H "An Act making and amending                                                  
          appropriations and reappropriations; making                                               
          appropriations under art. IX, sec. 17(c), Constitution                                    
          of the State of Alaska, from the constitutional budget                                    
          reserve fund; and providing for an effective date."                                       
                                                                                                    
Senator Leman moved that the Senate concur in the House                                             
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 29(FIN) am H                                                                               
Shall the Senate Concur in the House amendments to                                                  
CSSB 29(FIN) am(brf sup maj fld)                                                                    
Effective Dates                                                                                     
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Halford,                                           
Hoffman, Kelly, Leman, Olson, Pearce, Taylor, Therriault, Torgerson,                                
Ward, Wilken                                                                                        
                                                                                                    
Nays:  Ellis, Elton, Lincoln, Phillips                                                              
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 29(FIN) am H "An                                                
Act making and amending appropriations and reappropriations;                                        
making appropriations under art. IX, sec. 17(c), Constitution of the                                
State of Alaska, from the constitutional budget reserve fund; and                                   
providing for an effective date."                                                                   
                                                                                                    
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.                                                      
                                                                                                    
Senator Leman moved for the adoption of the Constitutional Budget                                   
Reserve Fund Sections (Article IX, sec. 17(c), Constitution of the                                  
State of Alaska).                                                                                   
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1751
The question being, "Shall the Constitutional Budget Reserve Fund                                   
Sections (Article IX, sec. 17(c), Constitution of the State of Alaska) be                           
adopted?" The roll was taken with the following result:                                             
                                                                                                    
HCS CSSB 29(FIN) am H                                                                               
Budget Reserve Fund Sections                                                                        
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Pearce, Taylor,                                     
Therriault, Torgerson, Ward, Wilken                                                                 
                                                                                                    
Nays:  Phillips                                                                                     
                                                                                                    
and so, the Budget Reserve Fund Sections were adopted.                                              
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 120                                                                                            
The reconsideration on SPONSOR SUBSTITUTE FOR HOUSE                                                 
BILL NO. 120 am "An Act adopting the National Crime Prevention                                      
and Privacy Compact; making criminal justice information available to                               
interested persons and criminal history record information available to                             
the public; making certain conforming amendments; and providing for                                 
an effective date" was not taken up this legislative day and the bill was                           
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 154                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 154(FSH) "An                                           
Act relating to security for the payment of fishery business taxes and                              
to payment of the fisheries resource landing tax" was not taken up this                             
legislative day and the bill was signed by the President and Secretary                              
and returned to the House.                                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2001-05-08                     Senate Journal                      Page 1752
HB 164                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 164(JUD) "An                                           
Act prescribing the rights of grandparents related to child-in-need-of-                             
aid hearings; and amending Rules 3, 7, 10, 15, 17, and 19, Alaska                                   
Child in Need of Aid Rules of Procedure" was not taken up this                                      
legislative day and the bill was signed by the President and Secretary                              
and returned to the House.                                                                          
                                                                                                    
HB 187                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 187(JUD) "An                                           
Act relating to the destruction, desecration, and vandalism of                                      
cemeteries and graves" was not taken up this legislative day and the                                
bill was signed by the President and Secretary and returned to the                                  
House.                                                                                              
                                                                                                    
HB 189                                                                                            
The reconsideration on HOUSE BILL NO. 189 "An Act repealing                                         
statutory provisions relating to term limits and term limit pledges" was                            
not taken up this legislative day and the bill was signed by the                                    
President and Secretary and returned to the House.                                                  
                                                                                                    
HB 210                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 210(JUD) am                                            
"An Act relating to sexual assault and sexual abuse of a minor" was                                 
not taken up this legislative day and the bill was signed by the                                    
President and Secretary and returned to the House.                                                  
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 186                                                                                            
CS FOR SENATE BILL NO. 186(FIN) "An Act relating to municipal                                       
taxes on oil and gas production and pipeline property; establishing a                               
limit on the general obligation debt that may be authorized and issued                              
by home rule and general law municipalities; and providing for an                                   
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     

2001-05-08                     Senate Journal                      Page 1753
HB 76                                                                                             
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                   
BILL NO. 76(FIN) "An Act providing for and relating to the issuance                                 
of certificates of participation to finance construction of a new facility                          
to be known as the Alaska Psychiatric Institute; giving notice of and                               
approving the entry into and the issuance of certificates of                                        
participation in a lease-purchase agreement for construction of a new                               
facility to be known as the Alaska Psychiatric Institute; giving notice                             
of the intent and approval to retain investment income from pertinent                               
appropriations to be applied to the cost of construction of a new                                   
facility to be known as the Alaska Psychiatric Institute; relating to the                           
construction of a facility to be known as the Alaska Psychiatric                                    
Institute; and providing for an effective date" was engrossed, signed                               
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
HB 90                                                                                             
CS FOR HOUSE BILL NO. 90(FIN) am S "An Act relating to                                              
reimbursement of municipal bonds for school construction; and                                       
providing for an effective date" was engrossed, signed by the President                             
and Secretary and returned to the House for consideration.                                          
                                                                                                    
HB 102                                                                                            
CS FOR HOUSE BILL NO. 102(JUD) am S "An Act relating to the                                         
theft of propelled vehicles" was engrossed, signed by the President and                             
Secretary and returned to the House for consideration.                                              
                                                                                                    
HB 113                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 113(HES) "An Act                                                
relating to health care insurance payments for hospital or medical                                  
services; and providing for an effective date" was engrossed, signed by                             
the President and Secretary and returned to the House for                                           
consideration.                                                                                      
                                                                                                    
HB 121                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 121(JUD) "An Act                                                
relating to the issuance of qualified charitable gift annuities" was                                
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    

2001-05-08                     Senate Journal                      Page 1754
HB 244                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 244(RES) "An Act                                                
relating to a grant of state land to the Denali Borough for a railroad                              
and utility corridor and a railroad development project; repealing                                  
provisions relating to a grant of a right-of-way of land for a railroad                             
and utility corridor to the Alaska Industrial Development and Export                                
Authority; and providing for an effective date" was engrossed, signed                               
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
HB 250                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 250(FIN) "An Act                                                
relating to missions and measures to be applied to certain expenditures                             
by the executive branch of state government and the University of                                   
Alaska from the state operating budget for the fiscal year ending June                              
30, 2002; and providing for an effective date" was engrossed, signed                                
by the President and Secretary and returned to the House for                                        
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ellis moved and asked unanimous consent that the Senate                                     
stand in adjournment until 10:00 a.m., January 14, 2002. Without                                    
objection, the Senate adjourned at 11:48 p.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2001                        

2001-05-08                     Senate Journal                      Page 1755
                                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                                                         
                                                                                                    
                                    RULES                                                        
                                                                                                    
May 08        Tuesday                      Fahrenkamp 203            12:25 PM                     
     HB 198 PUB OFFICERS RETIREM'T COLA/COMPENSATION                                                
              Staffing Considerations                                                               
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                                OTHER MEETINGS                                                   
                                                                                                    
                               MAJORITY CAUCUS                                                   
                                                                                                    
May 08        Tuesday                            Capitol 107        10:00 AM