Legislature(2001 - 2002)
2001-05-08 Senate Journal
Full Journal pdf2001-05-08 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 ---------------------------------------- OTHER MEETINGS MAJORITY CAUCUS May 08 Tuesday Capitol 107 10:00 AM