SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION. Juneau, Alaska Wednesday March 14, 2001.

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1 ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 14, 2001 Sixty-sixth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:25 a.m. The roll showed nineteen members present. Senator Lincoln was excused from a call of the Senate. The prayer was offered by the Chaplain, Dr. Walter Soboleff. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Eternal God of the Universe, in whose image we are created, we are Your miracle of life. Thy wisdom has reached us through prophets of yesteryear, Micah speaking: "He hath showed thee what is good and what doth the Lord require of thee, to do justly, to love mercy, and to walk humbly with Thy God." We thank Thee for these gems of great magnitude to enhance life's quality for the rest of the journey. Amen. Senator Therriault led the Senate in the Pledge of Allegiance. Certification Senator Leman moved and asked unanimous consent that the journal for the sixty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 651

2 652 March 14, 2001 Messages from the House Message dated March 13 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 13 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 13(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas." was read the first time and referred to the Community and Regional Affairs and Judiciary Committees. HB 34 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 34 BY REPRESENTATIVE MCGUIRE, entitled: "An Act relating to the statutory rule against perpetuities, to nonvested property interests and trusts, and to the suspension of the power of alienation of property; and providing for an effective date." was read the first time and referred to the Judiciary Committee. Communications The following Budget and Audit Report was received from Pat Davidson, Legislative Auditor, in accordance with AS and is on file in the Senate Secretary's Office: Department of Corrections, Board of Parole, Sunset Review, December 26, 2000 Report available at:

3 March 14, Standing Committee Reports SB 37 The Labor and Commerce Committee considered SENATE BILL NO. 37 "An Act relating to collective negotiation by physicians with health benefit plans; and to health benefit plan contracts with individual competing physicians" and recommended it be replaced with CS FOR SENATE BILL NO. 37(L&C)"An Act relating to collective negotiation by physicians with health benefit plans, to health benefit plan contracts with individual competing physicians, to the application of state antitrust laws to agreements involving providers and groups of providers affected by collective negotiations, and to the effect of the collective negotiation provisions on health care providers." Signing no recommendation: Senator Phillips, Chair, Senators Davis, Torgerson. Signing do pass: Senators Austerman, Leman. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Law Fiscal Note No. 2, Department of Community and Economic Development Fiscal Note No. 3, indeterminate, Department of Administration Fiscal Note No. 4, zero, Department of Health and Social Services The bill was referred to the Finance Committee. SB 59 The Transportation Committee considered SENATE BILL NO. 59 "An Act relating to awards of federal funds to municipalities for road projects; and providing for an effective date." Signing do pass: Senator Cowdery, Chair, Senators Wilken, Taylor. Signing no recommendation: Senator Ward. Signing do not pass: Senator Elton. Fiscal information forthcoming.

4 654 March 14, 2001 The bill was referred to the Community and Regional Affairs Committee. SB 83 The Transportation Committee considered SENATE BILL NO. 83 "An Act relating to construction of highways by the Department of Transportation and Public Facilities." Signing do pass: Senator Cowdery, Chair, Senators Wilken, Ward. Signing no recommendation: Senator Taylor. Signing do not pass: Senator Elton. Fiscal information forthcoming The bill was referred to the Finance Committee. SB 92 The State Affairs Committee considered SENATE BILL NO. 92 "An Act relating to removal of members of the board of trustees of the Alaska Permanent Fund Corporation; and providing for an effective date." Signing no recommendation: Senator Therriault, Chair, Senator Pearce. Signing do pass: Senators Phillips, Davis. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Revenue The bill was referred to the Finance Committee. SB 93 The Finance Committee considered SENATE BILL NO. 93 "An Act relating to the Arctic Winter Games Team Alaska trust; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 93(FIN) (forthcoming) Signing do pass: Senator Donley, Cochair, Senators Austerman, Olson, Wilken, Leman. Signing no recommendation: Senator Kelly, Cochair, Senators Hoffman, Ward.

5 March 14, The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Revenue The bill was referred to the Rules Committee. SB 99 The Finance Committee considered SENATE BILL NO. 99 "An Act relating to the DNA identification registration system." Signing do pass: Senators Donley, Kelly, Cochairs, Senators Austerman, Wilken, Leman. Signing do not pass: Senator Hoffman. Signing no recommendation: Senators Olson, Ward. The following fiscal information was published today: Fiscal Note No. 3, indeterminate, Department of Administration The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Public Safety The bill was referred to the Rules Committee. SB 102 Forthcoming Finance Committee Substitute (page 634) for SENATE BILL NO. 102 "An Act relating to the information required in an application for, and to display of social security numbers on, certain licenses and instructional permits; and providing for an effective date" was received today. SB 105 The Finance Committee considered SENATE BILL NO. 105 "An Act relating to victims' rights; relating to establishing an office of victims' rights; 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 Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 105(FIN) (forthcoming)

6 656 March 14, 2001 Signing do pass: Senator Donley, Cochair, Senators Wilken, Leman, Ward. Signing possible amend: Senator Kelly, Cochair. Signing no recommendation: Senators Austerman, Hoffman, Olson. The following fiscal information was published today: Fiscal Note No. 4, Legislative Affairs Agency The following previously published fiscal information applies: Fiscal Note No. 1, Department of Corrections Fiscal Note No. 2, indeterminate, Department of Law Fiscal Note No. 3, zero, Department of Revenue The bill was referred to the Rules Committee. SB 119 The Transportation Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 119 "An Act naming the William R. Wood Fairbanks International Airport; and providing for an effective date." Signing do pass: Senator Cowdery, Chair, Senators Wilken, Taylor, Ward, Elton. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities The bill was referred to the Rules Committee. HB 117 The Finance Committee considered HOUSE BILL NO. 117 "An Act making supplemental and other appropriations; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 117(FIN) Signing do pass: Senators Donley, Kelly, Cochairs, Senators Austerman, Leman, Ward, Wilken. Signing amend: Senators Hoffman, Olson. The bill was referred to the Rules Committee.

7 March 14, 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 11:38 a.m.. After Recess The Senate reconvened at 3:00 p.m. Standing Committee Reports (continued) Reports dated March 14 were read stating: In accordance with AS , the Senate Judiciary Committee reviewed the qualifications of the following, and recommends the appointments be forwarded to a joint session for consideration: Alaska Judicial Council Eleanor Andrews - Anchorage Commission on Judicial Conduct Ethel L. Staton - Sitka Violent Crimes Compensation Board Dr. Colleen M. Murphy - Anchorage There were no stated objections to the named individuals. However, this does not reflect an intent by any of the members to vote for or against the appointments during any further sessions. Signing the reports: Senator Taylor, Chair, Senators Donley, Cowdery, Therriault, Ellis.

8 658 March 14, 2001 SB 58 The Rules Committee considered SENATE BILL NO. 58 "An Act relating to the membership and quorum requirements of the State Medical Board." Signing to calendar: Senator Pearce, Chair, Senators Cowdery, Phillips, Therriault, Ellis. The bill is on today's calendar. HB 117 The Rules Committee considered CS FOR HOUSE BILL NO. 117(FIN) am "An Act making supplemental and other appropriations; and providing for an effective date." Signing to calendar: Senator Pearce, Chair, Senators Therriault, Phillips. Signing under other recommendations: Senator Ellis. The bill is on today's calendar. Introduction and Reference of Senate Resolutions SJR 20 SENATE JOINT RESOLUTION NO. 20 BY SENATOR OLSON, Opposing Arctic marine shipment of nuclear waste between Russia and Japan. was read the first time and referred to the Transportation Committee. Introduction and Reference of Senate Bills SB 141 SENATE BILL NO. 141 BY SENATOR TORGERSON, entitled: "An Act relating to aquatic farming of shellfish; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees.

9 March 14, SB 142 SENATE BILL NO. 142 BY SENATOR TORGERSON, entitled: "An Act giving notice of and approving a leasepurchase agreement with the City of Seward for the construction of an addition to the Spring Creek Correctional Center for the purpose of providing secure classroom facilities and housing for prisoners committed to the custody of the commissioner of corrections; and setting conditions and limitations on the facility's construction and operation." was read the first time and referred to the Judiciary and Finance Committees. SB 143 SENATE BILL NO. 143 BY THE SENATE RESOURCES COMMITTEE, entitled: "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." was read the first time and referred to the Resources and Finance Committees.

10 660 March 14, 2001 Consideration of the Calendar Second Reading of Senate Bills SB 58 SENATE BILL NO. 58 "An Act relating to the membership and quorum requirements of the State Medical Board" was read the second time. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 58 was read the third time. The question being: "Shall SENATE BILL NO. 58 "An Act relating to the membership and quorum requirements of the State Medical Board" pass the Senate?" The roll was taken with the following result: SB 58 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Lincoln and so, SENATE BILL NO. 58 passed the Senate and was referred to the Secretary for engrossment. HB 117 CS FOR HOUSE BILL NO. 117(FIN) am "An Act making supplemental and other appropriations; and providing for an effective date" was read the second time. Senator Donley, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 656. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO 117(FIN) was adopted and read the second time.

11 March 14, Senators Elton, Davis, Ellis, Hoffman, Olson offered Amendment No. 1: Page 1, line 4: Delete "$100,000" Insert "$195,000" Page 1, line 6: Delete "and nurse's assistants" Senator Elton moved for the adoption of Amendment No. 1. Senator Donley objected. Senator Davis moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 1: Page 1, line 6: Do not delete "and nurse's assistants" Objections were heard. The question being: "Shall the amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 117(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Olson, Pearce, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Cowdery, Phillips Excused: Lincoln and so, Amendment No. 1 was amended. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result:

12 662 March 14, 2001 SCS CSHB 117(FIN) Second Reading Amendment No. 1 as amended YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Davis, Ellis, Elton, Hoffman, Olson Nays: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 1 as amended failed. Senator Hoffman offered Amendment No. 2: Delete sections 4, 5(d), 8(b), 11(c), 11(f), and 12(c). Insert a new section to read: "* Sec.. DEPARTMENT OF NATURAL RESOURCES. The sum of $693,500 is appropriated from the general fund to the Department of Natural Resources for gas pipeline development and related activities for the fiscal years ending June 30, 2001 and June 30, 2002." Senator Hoffman moved for the adoption of Amendment No. 2. Senator Donley objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 117(FIN) Second Reading Amendment No. 2 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Davis, Ellis, Elton, Hoffman, Olson Nays: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Excused: Lincoln

13 March 14, and so, Amendment No. 2 failed. Senator Leman moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 117(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 117(FIN) "An Act making supplemental and other appropriations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 117(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Elton, Green, Halford, Hoffman, Kelly, Leman, Olson, Pearce, Phillips, Taylor, Therriault, Torgerson, Ward, Wilken Nays: Ellis Excused: Lincoln and so, SENATE CS FOR CS FOR HOUSE BILL NO. 117 (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. Citations Honoring Bob and Betty Allen Senator(s) Taylor, Ward, Wilken, Donley, Hoffman, Leman, Elton, Pearce, Davis, Green, Lincoln, Kelly, Austerman, Halford

14 664 March 14, 2001 Honoring Bill Baxandall Senator(s) Taylor, Wilken, Hoffman, Leman, Elton, Pearce, Davis, Green, Lincoln, Kelly, Austerman, Halford Commemorating National Be Kind To Animals Week, May 6-12, 2001 Representative(s) Meyer Senator(s) Wilken, Hoffman, Leman, Phillips, Elton, Pearce, Davis, Lincoln, Kelly, Austerman, Taylor, Halford In Memoriam Doris Elizabeth Paul Senator(s) Lincoln, Ward, Wilken, Hoffman, Leman, Elton, Pearce, Davis, Green, Kelly, Austerman, Taylor, Halford In Memoriam Harold Kent Dawson Representative(s) Kerttula, Hudson Senator(s) Elton, Ward, Wilken, Hoffman, Leman, Phillips, Pearce, Davis, Green, Lincoln, Kelly, Austerman, Taylor, Torgerson, Halford Senator Leman moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Olson moved and asked unanimous consent to be excused from a call of the Senate from March 15 through 18. Without objection, Senator Olson was excused. Senator Cowdery moved and asked unanimous consent to be excused from a call of the Senate on March 16. Without objection, Senator Cowdery was excused. Senator Therriault moved and asked unanimous consent to be excused from a call of the Senate on March 21. Without objection, Senator Therriault was excused.

15 March 14, Announcements Announcements are at the end of the journal. Engrossment SB 58 SENATE BILL NO. 58 "An Act relating to the membership and quorum requirements of the State Medical Board" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 117 SENATE CS FOR CS FOR HOUSE BILL NO. 117(FIN) "An Act making supplemental and other appropriations; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 15, Without objection, the Senate adjourned at 3:49 p.m. Heidi Vogel Secretary of the Senate March 2001

16 666 March 14, 2001 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 Voice/ TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Mar 14 Wednesday Fahrenkamp 203 1:30 PM += SB 75 SERVICE AREAS:VOTER APPROVAL/TAX ZONES += SB 78 MUNICIPAL REGULATION OF RADIO ANTENNAS + SB 104 AID TO VOLUNTEER SERVICES + SB 109 UNINCORP. COMMUNITY MATCHING GRANTS Mar 16 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled FINANCE Mar 14 Wednesday Senate Finance 532 9:00 AM += HB 117 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK + SB 99 DNA REGISTRATION OF BURGLARS + SB 105 VICTIMS' RIGHTS/ PRISONER'S PFD + Bills Previously Heard/Scheduled Mar 14 Wednesday Senate Finance 532 6:00 PM -- Time Change -- += SB 29 APPROP: GOVERNOR'S CAPITAL BUDGET Mar 15 Thursday Senate Finance 532 9:15 AM -- Time Change -- + SB 112 LONG-TERM CARE OMBUDSMAN;MENTAL HLTH AUTH + HB 90 MUNICIPAL SCHOOL BOND REIMBURSEMENT + Bills Previously Heard/Scheduled

17 March 14, FINANCE (continued) Mar 16 Friday Senate Finance 532 9:00 AM + University of Alaska Budget Request/ Missions and Measures Bills Previously Heard/Scheduled HEALTH, EDUCATION & SOCIAL SERVICES Mar 14 Wednesday Butrovich 205 1:30 PM += SB 133 PUBLIC SCHOOL EXIT EXAM + SB 67 ASSISTED LIVING HOMES + SB 91 ABORTION: INFORMED CONSENT;INFORMATION Bills Previously Heard/Scheduled Mar 15 Thursday Senate Finance 532 8:00 AM -- Time and Location Change -- + Key Campaign Uniform Rule 23 Waived Mar 16 Friday Butrovich 205 1:30 PM + SB 86 TEACHER EMPLOYMENT & SUBJECT EXPERTISE += SB 94 EDUCATION FUNDING Bills Previously Heard/Scheduled JUDICIARY Mar 14 Wednesday Beltz 211 1:30 PM + Confirmation Hearings: Eleanor Andrews, Alaska Judicial Council Dr. Colleen M. Murphy, Violent Crimes Compensation Board Ethel L. Staton, Judicial Conduct Mar 16 Friday Beltz 211 1:30 PM No Meeting Scheduled

18 668 March 14, 2001 LABOR & COMMERCE Mar 15 Thursday Beltz 211 1:30 PM += SB 66 FINANCIAL INSTITUTIONS Bills Previously Heard/Scheduled RESOURCES Mar 14 Wednesday Butrovich 205 3:30 PM + Presentation on Alcan Highway Gas Pipeline Route: Ken Thompson, President, Pacific Rim Leadership Development Mar 16 Friday Butrovich 205 3:30 PM + SB 121 RIGHT-OF-WAY LEASING ACT SB 125 LAND ENTRY UNDER STATE RESERVATION OF RT. <Above Bill Removed from Agenda> + SJR 15 CHILEAN FARMED SALMON + HJR 10 GROUNDFISH FISHERIES AND STELLER SEA LION RULES Mar 14 Wednesday Fahrenkamp :45 AM SB 58 ADD PHYSICIAN ASST TO STATE MEDICAL BOARD HB 117 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK Mar 15 Thursday Fahrenkamp :45 AM SJR 14 OPPOSE CANADIAN FEE TO TRANSPORT FIREARMS STATE AFFAIRS Mar 15 Thursday Beltz 211 3:30 PM HB 109 VOTING IN PERSON BY ABSENTEE BALLOT + SB 126 RIGHT OF ACTION FOR LEGAL SEPARATION --Following Bills Cont from 3/13/01-- = HCR 6 INHALANTS AND POISONS AWARENESS WEEK <Pending Referral> = SB 90 OFFICE OF CITIZENSHIP ASSISTANCE

19 March 14, TRANSPORTATION Mar 15 Thursday Butrovich 205 1:30 PM No Meeting Scheduled Mar 20 Tuesday Butrovich 205 1:30 PM No Meeting Scheduled Mar 22 Thursday Butrovich 205 1:30 PM + SB 123 LEGISLATIVE APPROVAL:RAILROAD FACILITIES + SB 111 BONDS TO FUND PORTS AND HARBORS + SB 44 ALASKA TOLL BRIDGE AND CAUSEWAY AUTHORITY + SB 45 APPROP: DESIGN OF KNIK ARM CROSSING FINANCE SUBCOMMITTEES LAW Mar 15 Thursday Terry Miller 104 8:00 AM -- Meeting Canceled -- FY02 Operating Budget Major Increments and Decrements MILITARY AND VETERANS AFFAIRS Mar 14 Wednesday Fahrenkamp 203 3:45 PM Budget Overview/Increment Details NATURAL RESOURCES Mar 19 Monday Senate Finance :00 PM Operating Budget PUBLIC SAFETY Mar 15 Thursday Fahrenkamp 203 3:45 PM -- Meeting Canceled -- Specific GF Increments/Decrements

20 670 March 14, 2001 FINANCE SUBCOMMITTEES (continued) REVENUE Mar 14 Wednesday Senate Finance 532 3:30 PM Operating Budget Close-out JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Mar 20 Tuesday Capitol 102 2:45 PM + Kachemak Bay Closure to Bottom Mariculture (continued from 3/8/01) Mar 27 Tuesday Capitol 102 2:45 PM + To be announced Apr 03 Tuesday Capitol 102 2:45 PM + To Be Announced OTHER MEETINGS ANCHORAGE CAUCUS Mar 14 Wednesday Senate Finance :00 PM AMATS Work Session CHILDREN'S CAUCUS Mar 20 Tuesday Fahrenkamp :00 PM Alaska State Troopers: Child Abuse in AK FISH CAUCUS Mar 16 Friday Butrovich :00 PM Local Area Management Plans