Legislature(2001 - 2002)

2002-05-17 Senate Journal

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2002-05-17                     Senate Journal                      Page 3645
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-SECOND LEGISLATURE                                              
                                                                                                    
                            SECOND SPECIAL SESSION                                               
                                                                                                    
Juneau, Alaska                      Friday                      May 17, 2002                      
                                                                                                    
                                  First Day                                                      
                                                                                                    
Pursuant to art. II, sec. 9, Constitution of the State of Alaska and AS                             
24.05.100(2), President Halford took the following poll of the                                      
members of the Senate at 12:10 a.m. on May 17, 2002:                                                
                                                                                                    
Poll of Members                                                                                     
Call into Special Session?                                                                          
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, pending a poll of the House members, the Senate called itself                               
into Special Session at 11:00 a.m., May 17, 2002.                                                   
                                                                                                    
The Senate was called to order by President Halford at 1:40 p.m.                                    
                                                                                                    
President Halford stated the presiding officer of the House had polled                              
the Representatives and notified the Senate of their affirmative vote on                            
the call to Special Session.                                                                        
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Senator Halford. Senator                                    
Stevens moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
            Dear God, Protect all those we love. Protect all those                                 
          we don't know to love.                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3646
          Protect in us the memory of our parents, our teachers                                     
          and all those who have made us who we are.                                                
          In the decisions of the day give us not our way, but                                      
   Your way.                                                          Amen.                        
                                                                                                    
Senator Leman led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 115                                                                                            
Message dated May 16 was read, stating the House receded from its                                   
amendments to HOUSE CS FOR SENATE BILL NO. 115(RLS) am                                              
H, thus adopting:                                                                                   
                                                                                                    
          SENATE BILL NO. 115 "An Act extending the                                                 
          termination date of the Board of Storage Tank                                             
          Assistance."                                                                              
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 219                                                                                            
Message dated May 14 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 219(FIN) "An Act                                                   
          establishing and relating to the Navigable Waters                                         
          Commission for Alaska."                                                                   
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 268                                                                                            
Message dated May 16 was read, stating the House receded in its                                     
amendment to SENATE BILL NO. 268 am H, thus adopting:                                               
                                                                                                    
          SENATE BILL NO. 268 "An Act relating to the                                               
          issuance of state-guaranteed revenue bonds by the                                         
          Alaska Housing Finance Corporation to finance                                             
          mortgages for qualifying veterans; and providing for                                      
          an effective date."                                                                       

2002-05-17                     Senate Journal                      Page 3647
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 279                                                                                            
Message dated May 14 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 279(FIN) "An Act                                                   
          authorizing the commissioner of fish and game to                                          
          issue complimentary sport fishing licenses and tags to                                    
          September 11 emergency responders and their                                               
          spouses; and providing for an effective date."                                            
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 363                                                                                            
Message dated May 14 was received, stating the House has adopted                                    
the report of the Conference Committee considering HOUSE CS FOR                                     
CS FOR SENATE BILL NO. 363(RLS) am H and CS FOR SENATE                                              
BILL NO. 363(STA) am, thus adopting:                                                                
                                                                                                    
          CONFERENCE CS FOR SENATE BILL NO. 363                                                     
          "An Act relating to communications and elections, to                                      
          reporting of contributions and expenditures, and to                                       
          campaign misconduct in the second degree; relating                                        
          to disclosure by individuals of contributions to                                          
          candidates; and providing for an effective date."                                         
                                                                                                    
The Senate adopted CONFERENCE CS FOR SENATE BILL NO.                                                
363 on May 14 (page 3548).                                                                          
                                                                                                    
The bill was referred to the Secretary for engrossment and enrollment.                              
                                                                                                    
HB 330                                                                                            
Message dated May 14 was received, stating the House has adopted                                    
the report of the Conference Committee with limited powers of free                                  
conference considering CS FOR HOUSE BILL NO. 330(FIN) am and                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 330(RLS), thus                                                  
adopting:                                                                                           
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3648
          CONFERENCE CS FOR HOUSE BILL NO. 330                                                      
          "An Act relating to brewpub licenses and to                                               
          providing alcoholic beverages to a person under 21                                        
          years of age."                                                                            
                                                                                                    
The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 330                                             
on May 14 (page 3544).                                                                              
                                                                                                    
HB 403                                                                                            
Message dated May 15 was received, stating the House has adopted                                    
the report of the Conference Committee with limited powers of free                                  
conference considering CS FOR HOUSE BILL NO. 403(FIN) am(brf                                        
sup maj fld)(efd fld) and SENATE CS FOR CS FOR HOUSE BILL                                           
NO. 403(FIN) am S(brf sup maj fld S), thus adopting:                                                
                                                                                                    
          CONFERENCE CS FOR HOUSE BILL NO. 403                                                      
          "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 Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 403                                             
on May 14 (page 3549).                                                                              
                                                                                                    
HB 404                                                                                            
Message dated May 15 was received, stating the House has adopted                                    
the report of the Conference Committee with limited powers of free                                  
conference considering CS FOR HOUSE BILL NO. 404(FIN) and                                           
SENATE CS FOR CS FOR HOUSE BILL NO. 404(FIN), thus                                                  
adopting:                                                                                           
                                                                                                    
          CONFERENCE CS FOR HOUSE BILL NO. 404                                                      
          "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 Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 404                                             
on May 14 (page 3550).                                                                              
                                                                                                    

2002-05-17                     Senate Journal                      Page 3649
SB 180                                                                                            
Message dated May 16 was read, stating the House has receded in the                                 
amendment to HOUSE CS FOR CS FOR SENATE BILL NO. 180                                                
(FIN), thus adopting:                                                                               
                                                                                                    
          CS FOR SENATE BILL NO. 180(FIN)(efd fld) "An                                              
          Act implementing pay differentials based on                                               
          geographic areas for certain state employees and for                                      
          members of the Alaska State Defense Force; relating                                       
          to cost-of-living differentials for state aid to                                          
          municipalities."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 246                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 246(JUD), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          246(JUD) "An Act relating to regulation of a person                                       
          providing insurance for the cost of medical care, to                                      
          confidentiality of insurance records, to insurance                                        
          hearings, to insurance fees, to annual and quarterly                                      
          statements by insurers, to managed care insurance, to                                     
          taxes on insurance, to insurer certificates of authority,                                 
          to risk based capital for insurers, to unauthorized and                                   
          nonadmitted insurers, to surplus lines insurance, to                                      
          health insurance, to life insurance, to annuity                                           
          insurance, to consumer credit insurance, to insurer                                       
          liquidation, to multiple employer welfare                                                 
          arrangements, to title insurance, to the Alaska                                           
          Insurance Guaranty Association, to hospital and                                           
          medical service corporations, and to regulation of                                        
          insurance producers, agents, brokers, managers, and                                       
          adjusters; and providing for an effective date." (Title                                   
          change authorized by SCR 42)                                                              
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3650
HB 296                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 296(CRA), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          296(JUD) "An Act relating to mergers and                                                  
          consolidations of municipalities."                                                        
                                                                                                    
HB 332                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 332(FIN), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          332(FIN) "An Act extending the termination date of                                        
          the Council on Domestic Violence and Sexual                                               
          Assault; relating to the council's duties; placing the                                    
          executive director and staff of the council in the                                        
            exempt service; and providing for an effective date."                                  
                                                                                                    
HB 389                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 389(CRA), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          389(RLS) "An Act changing the date of repeal of a                                         
          provision authorizing an exemption from and deferral                                      
          of municipal property taxes on certain types of                                           
          deteriorated property; and providing for an effective                                     
          date."                                                                                    
                                                                                                    
HB 393                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 393(JUD) am, thus                                         
adopting:                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3651
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          393(L&C) "An Act relating to unfair and deceptive                                         
          trade practices and to the sale of business                                               
          opportunities; amending Rules 4 and 73, Alaska                                            
          Rules of Civil Procedure; and providing for an                                            
          effective date."                                                                          
                                                                                                    
HB 397                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 397(STA), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          397(TRA) "An Act exempting a person driving                                               
          certain motor vehicles, aircraft, or watercraft from                                      
          driver licensing requirements; and providing for an                                       
          effective date."                                                                          
                                                                                                    
HB 421                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 421(RES)(title                                            
am), thus adopting:                                                                                 
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          421(FIN) "An Act relating to requiring the                                                
          Department of Natural Resources to develop and                                            
          maintain a standardized procedure for processing                                          
          applications and issuing permits, authorizations, and                                     
          certifications under the Alaska Water Use Act and to                                      
          make a record of those items and amendments and                                           
          orders affecting them available on the Internet."                                         
                                                                                                    
HB 515                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 515(FIN) am, thus                                         
adopting:                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3652
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          515(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 and by the judicial branch of state                                                
          government from the state operating budget for the                                        
          fiscal year ending June 30, 2003; and providing for                                       
          an effective date."                                                                       
                                                                                                    
HB 521                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 521(CRA), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          521(FIN) "An Act relating to municipal improvement                                        
          areas."                                                                                   
                                                                                                    
HB 525                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendment to CS FOR HOUSE BILL NO. 525(FIN) am, thus                                         
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          525(FIN) am S "An Act providing for and relating to                                       
          the issuance of state guaranteed transportation                                           
          revenue anticipation bonds in a principal amount of                                       
          not more than $102,805,000 for the purpose of                                             
          paying the cost of transportation projects that qualify                                   
          for federal highway aid and the allocation of those                                       
          bond proceeds; relating to the issuance of general                                        
          obligation bonds in a principal amount of not more                                        
          than $123,914,500 for the purpose of paying the cost                                      
          of state transportation projects; and providing for an                                    
          effective date."                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3653
HB 528                                                                                            
Message dated May 16 was read, stating the House concurred in the                                   
Senate amendments to CS FOR HOUSE BILL NO. 528(FIN), thus                                           
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          528(FIN) am S "An Act relating to programs of state                                       
          reimbursement for debt payments for certain capital                                       
          projects; and providing for an effective date."                                           
                                                                                                    
SCR 38                                                                                            
Message dated May 16 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 38                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 389, relating to a                                              
          provision authorizing an exemption from and deferral                                      
          of municipal property taxes on certain types of                                           
          deteriorated property.                                                                    
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 39                                                                                            
Message dated May 14 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 39                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 507, a bill relating to the                                     
          naming of certain state facilities.                                                       
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 40                                                                                            
Message dated May 14 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    

2002-05-17                     Senate Journal                      Page 3654
          SENATE CONCURRENT RESOLUTION NO. 40                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 254, relating to the                                            
          teachers', judicial, and public employees' retirement                                     
          systems; and providing for an effective date.                                             
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 42                                                                                            
Message dated May 16 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 42                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
            concerning House Bill No. 246, relating to insurance.                                  
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 43                                                                                            
Message dated May 16 was read, stating the House passed and                                         
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 43                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 525, relating to the                                            
          issuance of general obligation bonds for deferred                                         
          maintenance.                                                                              
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 44                                                                                            
Message dated May 14 was received, stating the House passed and                                     
returned:                                                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3655
          SENATE CONCURRENT RESOLUTION NO. 44                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 330, relating to providing                                      
          alcohol to a person under 21.                                                             
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following Budget and Audit Report was received from Pat                                         
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                  
is on file in the Office of the Secretary of the Senate:                                            
                                                                                                    
Department of Labor and Workforce Development, Northstar Unit                                       
Alaskan Hire and Contracting, February 5, 2002                                                      
                                                                                                    
                                    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 1:54 p.m.                                                                               
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 4:19 p.m.                                                                  
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SJR 201                                                                                           
SENATE JOINT RESOLUTION NO. 201 BY THE SENATE RULES                                                 
COMMITTEE BY REQUEST OF THE GOVERNOR,                                                               
                                                                                                    
          Proposing an amendment to the Constitution of the                                         
          State of Alaska relating to providing for priorities for                                  
          and among subsistence uses in the allocation of fish,                                     
          wildlife, and other renewable resources.                                                  
                                                                                                    

2002-05-17                     Senate Journal                      Page 3656
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Office of the Governor                                                          
                                                                                                    
Governor's transmittal letter dated May 17:                                                         
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
Today I am presenting the subsistence joint resolution that I                                       
introduced in February during the regular session. That joint                                       
resolution, HJR 41, received a hearing in the House Resources                                       
Committee but did not progress any further. The Senate version, SJR
36, received no hearings. That is unfortunate because the citizens of                               
Alaska clearly want to vote on this issue.                                                          
                                                                                                    
Over 70 percent of the Anchorage voters who voted in a municipal                                    
election this spring favored putting a constitutional amendment                                     
concerning subsistence on the ballot. Business leaders have testified                               
that the state's inability to resolve this issue will hinder resource                               
development. Religious leaders have urged that we take this action in                               
order to bridge the growing urban-rural divide in Alaska. Native                                    
leaders say that this may be the last time that Alaska Natives will                                 
support a return to state management of our fish and game.                                          
Nevertheless, some legislators have turned a deaf ear to those voices.                              
                                                                                                    
While those legislators have ignored their constituents, the federal                                
government has continued to strengthen its grip on subsistence                                      
management. That management is diverging more and more from the                                     
way state boards deal with our fish and game. Dual management                                       
confuses the public, upsets historic patterns of allocation, and will                               
ultimately jeopardize the health of our resources.                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3657
Time is drawing short for Alaskans to solve this problem. I urge you to                             
work with me to unify our state and to regain our right to manage all                               
uses of Alaska's resources.                                                                         
                                                                                                    
Sincerely                                                                                           
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 2001                                                                                           
SENATE BILL NO. 2001 BY THE SENATE RULES COMMITTEE                                                  
BY REQUEST, entitled:                                                                               
                                                                                                    
          "An Act changing the name of the Alaska Pioneers'                                         
          Home to the Alaska Pioneers' and Veterans' Home                                           
          and of the Alaska Pioneers' Homes Advisory Board                                          
          to the Alaska Pioneers' and Veterans' Home Advisory                                       
          Board; relating to housing and services for veterans;                                     
          relating to the advisory board for the home; making                                       
          other amendments to the statutes relating to the                                          
          home; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 2002                                                                                           
SENATE BILL NO. 2002 BY THE SENATE RULES COMMITTEE                                                  
BY REQUEST, entitled:                                                                               
                                                                                                    
          "An Act relating to construction, rehabilitation, and                                     
          improvement of schools and education-related                                              
          facilities; relating to municipal bond reimbursement                                      
          for school construction; and providing for an                                             
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3658
SB 2003                                                                                           
SENATE BILL NO. 2003 BY THE SENATE RULES COMMITTEE                                                  
BY REQUEST, entitled:                                                                               
                                                                                                    
          "An Act making appropriations; and providing for an                                       
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 2004                                                                                           
SENATE BILL NO. 2004 BY THE SENATE FINANCE                                                          
COMMITTEE BY REQUEST, entitled:                                                                     
                                                                                                    
          "An Act relating to the issuance of general obligation                                    
          bonds for the purpose of paying the cost of design,                                       
          construction, and major maintenance of educational                                        
          and museum facilities; and providing for an effective                                     
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 2005                                                                                           
SENATE BILL NO. 2005 BY THE SENATE FINANCE                                                          
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to municipal bond reimbursement                                          
          for school construction; and providing for an                                             
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 2006                                                                                           
SENATE BILL NO. 2006 BY THE SENATE FINANCE                                                          
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act making and amending appropriations and                                            
          reappropriations; and providing for an effective date."                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    

2002-05-17                     Senate Journal                      Page 3659
SB 2007                                                                                           
SENATE BILL NO. 2007 BY THE SENATE FINANCE                                                          
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act making an appropriation to reverse the effect                                     
          of art. IX, sec. 17(d), Constitution of the State of                                      
          Alaska; making an appropriation to balance revenue                                        
          and general fund appropriations; making an                                                
          appropriation to the Department of Revenue for                                            
          management of the constitutional budget reserve                                           
          fund; 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."                                                                       
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 2008                                                                                           
SENATE BILL NO. 2008 BY THE SENATE RULES COMMITTEE                                                  
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act changing the name of the Alaska Pioneers'                                         
          Home to the Alaska Pioneers' and Veterans' Home                                           
          and of the Alaska Pioneers' Homes Advisory Board                                          
          to the Alaska Pioneers' and Veterans' Home Advisory                                       
          Board; relating to housing and services for veterans;                                     
          relating to the advisory board for the home; making                                       
          other amendments to the statutes relating to the                                          
          home; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Administration                                                    
                                                                                                    
Governor's transmittal letter dated May 17:                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3660
Dear President Halford:                                                                             
                                                                                                    
I am transmitting this bill to this special session changing the name of                            
the Alaska Pioneers' Home to the Alaska Pioneers' and Veterans'                                     
Home and reserving a certain number of beds in the homes for eligible                               
veterans.                                                                                           
                                                                                                    
In 1992, the Legislature authorized the Department of Administration                                
to apply for federal assistance to establish and operate state veterans'                            
home facilities to provide domiciliary care. In 1998, that statute was                              
amended to include the provision of nursing home care with related                                  
medical services for veterans in those facilities. Financing for such                               
facilities has not been available.  However, the Pioneers' Home has                                 
vacant beds that could be used to provide the long-term care for                                    
veterans that the 1992 and 1998 laws contemplated. Accordingly, I am                                
proposing that the law be changed so that the Pioneers' Home can                                    
provide this service.                                                                               
                                                                                                    
The bill would provide that a certain number of beds be reserved in the                             
home for veterans who meet the other eligibility requirements for                                   
admission, including being at least 65 years old, being an Alaska                                   
resident for at least one year, and needing the services that the home                              
provides. The number of beds to be reserved for veterans would be                                   
determined by the department by regulation. The bill defines "veteran"                              
as anyone who has 181 days or more of active service in the armed                                   
services of the United States, including the Alaska National Guard or                               
the Alaska Territorial Guard.                                                                       
                                                                                                    
In addition, the bill would make two changes in the statutes imposing                               
residency requirements for admission into the home. First, the bill                                 
recognizes in statute a court decision concerning the residency                                     
requirement for the home. The 15-year requirement for admission was                                 
ruled unconstitutional by the Alaska courts in the early 1990s; the                                 
home has been using a one-year requirement since then under                                         
Department of Law advice that that is the longest requirement that                                  
could withstand a constitutional challenge. Thus, this bill would                                   
simply amend the relevant statute to bring it in line with constitutional                           
requirements and current practice. The bill also would repeal a statute,                            
closely tied to the 15-year residency requirement, that provides that an                            
applicant does not have to meet the 15-year requirement if the                                      

2002-05-17                     Senate Journal                      Page 3661
applicant has 30 years' total residency in Alaska. Given the elimination                            
of the 15-year requirement, the statute proposed for repeal would no                                
longer be relevant. Moreover, even though there is no court decision                                
on point, the Department of Law has advised that this 30-year                                       
residency statute also would likely be invalidated if it were challenged.                           
                                                                                                    
The bill amends the statutes regarding the Alaska Pioneers' Homes                                   
Advisory Board to reflect the new name of the home and to provide                                   
that at least two of the seven members appointed by the governor must                               
be veterans. A second, separate amendment to the membership                                         
provision would replace one of those two veterans with the chair of the                             
Alaska Veterans Advisory Council, contingent on enactment into law                                  
of a bill I am introducing to establish that council. The bill makes or                             
provides for conforming changes to other statutes and to the Alaska                                 
Administrative Code.                                                                                
                                                                                                    
This important legislation was presented during the regular session,                                
but did not pass. I urge your prompt and favorable action on this                                   
measure during the special session. It is urgent to our veterans that the                           
legislation pass now in special session. Our veterans have served our                               
state well.  It is now our time to recognize these efforts and to provide                           
these essential services.                                                                           
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
SB 2009                                                                                           
SENATE BILL NO. 2009 BY THE SENATE RULES COMMITTEE                                                  
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
              "An Act establishing the Alaska Veterans Advisory                                    
          Council; and providing for an effective date."                                            
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Military and Veterans Affairs                                     
                                                                                                    

2002-05-17                     Senate Journal                      Page 3662
Governor's transmittal letter dated May 17:                                                         
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
I am transmitting this bill to the special session establishing the Alaska                          
Veterans Advisory Council. The council initially was established by                                 
Administrative Order No. 164, dated July 3, 1996. This bill would                                   
establish the council in statute as an entity within the Department of                              
Military and Veterans' Affairs (DMVA).                                                              
                                                                                                    
As provided in Administrative Order No. 164 and under this bill, the                                
purpose of the council is to advise the DMVA on ways to better                                      
address the needs and concerns of Alaska's veterans, their dependents,                              
and their survivors. The council's duties include making                                            
recommendations concerning veterans' priority service needs,                                        
developing public and private partnerships to meet those needs, and                                 
providing coordination of information regarding veterans' benefits and                              
services around the state.                                                                          
                                                                                                    
This bill maintains the present 20-member structure and                                             
responsibilities of the council. The council's membership would                                     
continue to include one or more persons affiliated with a veterans                                  
organization, one or more persons from a state agency that manages                                  
programs affecting veterans, and one or more members of the general                                 
public familiar with veterans' issues. Council members would continue                               
to serve without compensation other than per diem and travel                                        
expenses.                                                                                           
                                                                                                    
While this bill was introduced during the regular session, the House                                
failed to act on this important legislation. I urge your prompt and                                 
favorable action now on this measure.                                                               
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3663
SB 2010                                                                                           
SENATE BILL NO. 2010 BY THE SENATE RULES COMMITTEE                                                  
BY REQUEST OF THE GOVERNOR, entitled:                                                               
                                                                                                    
          "An Act setting timelines for issuance of final orders                                    
          by the Regulatory Commission of Alaska, amending                                          
          the authority of the commission to enter compromise                                       
          settlement orders, and extending the commission's                                         
          termination date to June 30, 2006; and providing for                                      
          an effective date."                                                                       
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Community and Economic                                            
  Development                                                                                       
                                                                                                    
Governor's transmittal letter dated May 17:                                                         
                                                                                                    
Dear President Halford:                                                                             
                                                                                                    
I am transmitting this bill to the special session extending the "sunset"                           
date of the Regulatory Commission of Alaska for four years, to June                                 
30, 2006.                                                                                           
                                                                                                    
The commission began regulating utilities and pipelines in the state on                             
July 1, 1999 as a replacement for the Alaska Public Utilities                                       
Commission. Utility regulation has been a function of state                                         
government since statehood. The commission's mission to protect the                                 
public interest remains important today.                                                            
                                                                                                    
I urge your prompt and favorable action on this measure during the                                  
special session.                                                                                    
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Tony Knowles                                                                                        
Governor                                                                                            
                                                                                                    
                                                                                                    

2002-05-17                     Senate Journal                      Page 3664
                             Unfinished Business                                                 
                                                                                                    
                                  Citations                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                          Special Order of Business                                              
                                                                                                    
Honoring - Kelly C. Huber                                                                           
Senator(s) Halford, Leman, Wilken, Cowdery, Green, Kelly, Taylor,                                   
Austerman, Lincoln, Davis, Elton, Hoffman, Ward, Donley,                                            
Torgerson, Therriault, Stevens, Olson, Ellis                                                        
                                                                                                    
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.                                                                      
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., May 18, 2002. Without                                        
objection, the Senate adjourned at 4:39 p.m.                                                        
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2002                        

2002-05-17                     Senate Journal                      Page 3665
                                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                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 17        Friday                    Senate Finance 532            4:45 PM                     
              -- Call of the Chair --                                                               
              Bills Related to the Special Session                                                  
     SB2001 PIONEERS' AND VETERANS' HOME/ADVISORY BD                                                
     SB2002 MUNICIPAL BOND REIMBURSEMENT                                                            
     SB2003 APPROP: STATE TROOPERS                                                                  
     SB2004 G.O. BONDS: SCHOOLS/MUSEUM/UNIVERSITY                                                   
     SB2005 MUNICIPAL BOND REIMBURSEMENT                                                            
     SB2006 APPROP: CAPITAL PROJECTS                                                                
     SB2007 APPROP: CONST. CBR                                                                      
     SB2008 PIONEERS' AND VETERANS' HOME/ADVISORY BD                                                
     SB2009 ALASKA VETERANS ADVISORY COUNCIL                                                        
              -- Teleconference Upon Request --                                                     
                                                                                                    
May 18        Saturday                  Senate Finance 532                                        
              -- Call of the Chair --                                                               
              Bills Related to the Special Session                                                  
              <Pending Introduction and Referral>                                                   
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
May 19        Sunday                    Senate Finance 532                                        
              -- Call of the Chair --                                                               
              Bills Related to the Special Session                                                  
              <Pending Introduction and Referral>                                                   
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --