Legislature(2001 - 2002)

2002-03-04 Senate Journal

Full Journal pdf

2002-03-04                     Senate Journal                      Page 2363
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Monday                      March 4, 2002                      
                                                                                                    
                                 Fiftieth Day                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Halford at 11:15 a.m.                                                                               
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Major Nila Fankhauser of                                    
The Salvation Army. Senator Hoffman moved and asked unanimous                                       
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          Lord, I bring to You the Senators of the great state of                                   
          Alaska. I pray that You will bless their efforts this                                     
          day. I pray that You will keep them safe and healthy.                                     
          Bless and take care of their families.                                                    
                                                                                                    
          Their task is enormous as they attempt to care for our                                    
          Greatland and meet the diverse needs of the people.                                       
          Even within this body is great diversity, may this be a                                   
          source of strength, for You have created us uniquely                                      
          different yet needing each other. Help each one to                                        
          listen and consider the needs of the other.                                               
                                                                                                    
          I pray that You will give them guidance, wisdom and                                       
          strength for the task at hand. Help them to stay                                          
          focused on what is most important. I pray that each                                       
          Senator will realize You as the source of all that is                                     
          good, holy and profitable for our state. I also pray                                      
          that each Senator will find joy in their service.                                         
                                                                                                    
          In all that transpires in this chamber today, may Your                                    
   will be done.                                                      Amen.                        
                                                                                                    
                                                                                                    

2002-03-04                     Senate Journal                      Page 2364
Senator Olson led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the forty-seventh through forty-ninth legislative days be approved                              
as certified by the Secretary. Without objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Letter dated and received March 1 was read, stating in accordance                                   
with AS 39.05.080, I submit the following name for legislative                                      
confirmation of appointment to the position noted:                                                  
                                                                                                    
Board of Social Work Examiners                                                                    
 Sammye Pokryfki - Wasilla                                                                          
  Appointed: 03/01/02  Expires: 03/01/06                                                            
                                                                                                    
The appointment was referred to the Health, Education and Social                                    
Services Committee.                                                                                 
                                                                                                    
The resume for this appointment has been submitted to the Offices of                                
the Senate Secretary and the Chief Clerk.                                                           
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated March 1 was read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 56                                                                                             
CS FOR HOUSE BILL NO. 56(FIN) BY THE HOUSE FINANCE                                                  
COMMITTEE, entitled:                                                                                
                                                                                                    
               "An Act relating to minimum wages; and providing                                    
          for an effective date."                                                                   

2002-03-04                     Senate Journal                      Page 2365
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SCR 28                                                                                            
Forthcoming fiscal information (page 2341) for CS FOR SENATE                                        
CONCURRENT RESOLUTION NO. 28(RES) Establishing the Joint                                            
Legislative Salmon Industry Task Force, published today:                                            
 Fiscal Note No. 1, Legislative Affairs Agency                                                      
                                                                                                    
SB 266                                                                                            
The Rules Committee considered SENATE BILL NO. 266 "An Act                                          
authorizing the commissioner of community and economic                                              
development to refinance and extend the term of a fishery                                           
enhancement loan." Signing to calendar: Senator Phillips, Chair,                                    
Senators Cowdery, Halford, Therriault, Ellis.                                                       
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 337                                                                                            
The Rules Committee considered SENATE BILL NO. 337 "An Act                                          
relating to eligibility for an exemption from municipal property taxes                              
for certain seniors and disabled veterans." Signing to calendar: Senator                            
Phillips, Chair, Senators Cowdery, Therriault, Halford, Ellis.                                      
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 345                                                                                            
SENATE BILL NO. 345 BY THE SENATE HEALTH,                                                           
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
                  "An Act relating to medical assistance for                                       
              rehabilitative services for certain children with                                    
          disabilities;  relating  to  agreements  to pay   medical                                
                                                                                                    

2002-03-04                     Senate Journal                      Page 2366
            assistance for covered services paid for or furnished                                  
              to eligible children with disabilities by a school                                   
          district; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 266                                                                                            
SENATE BILL NO. 266 "An Act authorizing the commissioner of                                         
community and economic development to refinance and extend the                                      
term of a fishery enhancement loan" was read the second time.                                       
                                                                                                    
Senator Torgerson, Chair, moved and asked unanimous consent for the                                 
adoption of the Resources Committee Substitute offered on page 2315.                                
Without objection, CS FOR SENATE BILL NO. 266(RES) was                                              
adopted and read the second time.                                                                   
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
considered engrossed, advanced to third reading and placed on final                                 
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 266(RES) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 266(RES)                                          
"An Act authorizing the commissioner of community and economic                                      
development to refinance and extend the term of a fishery                                           
enhancement loan" pass the Senate?" The roll was taken with the                                     
following result:                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-04                     Senate Journal                      Page 2367
                                                                                                    
CSSB 266(RES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green,                                      
Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens,                                  
Taylor, Therriault, Torgerson, Ward, Wilken                                                         
                                                                                                    
and so, CS FOR SENATE BILL NO. 266(RES) passed the Senate and                                       
was referred to the Secretary for engrossment.                                                      
                                                                                                    
SB 337                                                                                            
SENATE BILL NO. 337 "An Act relating to eligibility for an                                          
exemption from municipal property taxes for certain seniors and                                     
disabled veterans" 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. 337 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 337 "An Act relating                                     
to eligibility for an exemption from municipal property taxes for                                   
certain seniors and disabled veterans" pass the Senate?" The roll was                               
taken with the following result:                                                                    
                                                                                                    
SB 337                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Halford,                                           
Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Therriault,                               
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Ellis, Elton, Taylor                                                                         
                                                                                                    
and so, SENATE BILL NO. 337 passed the Senate.                                                      
                                                                                                    
Senator Elton gave notice of reconsideration.                                                       

2002-03-04                     Senate Journal                      Page 2368
                                  Citations                                                      
                                                                                                    
Honoring - Skyview High School Wrestling Team                                                       
Senator(s) Ward, Therriault, Hoffman, Halford, Green, Kelly, Taylor,                                
Austerman, Lincoln, Davis, Elton, Leman, Wilken, Stevens                                            
                                                                                                    
Honoring - Corey Rennell, Amy Finn, Hans Borchardt, Christopher                                     
Wintrode                                                                                            
Representative(s) Stevens                                                                           
Senator(s) Austerman, Therriault, Hoffman, Halford, Green, Kelly,                                   
Taylor, Lincoln, Davis, Elton, Leman, Wilken, Stevens                                               
                                                                                                    
Senator Leman moved and asked unanimous consent that the citations                                  
be adopted. Without objection, the citations were adopted and referred                              
to the Secretary for transmittal.                                                                   
                                                                                                    
Senator Wilken 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 - The People of Yukon Territory, Canada                                                    
Senator(s) Wilken, Phillips, Ward, Halford, Hoffman, Ellis, Stevens,                                
Leman, Elton, Davis, Lincoln, Austerman, Taylor, Kelly, Green                                       
                                                                                                    
Senator Wilken moved and asked unanimous consent that the citation                                  
be adopted. Without objection, the citation was adopted and referred to                             
the Secretary for transmittal.                                                                      
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 321                                                                                            
President Halford added a Judiciary Committee referral to SENATE                                    
BILL NO. 321 "An Act relating to the Board of Veterinary Examiners                                  
and the practice of veterinary medicine."                                                           
                                                                                                    
The bill was referred to the Labor and Commerce, then Judiciary and                                 
Finance Committees.                                                                                 
                                                                                                    

2002-03-04                     Senate Journal                      Page 2369
HB 171                                                                                            
Senators Lincoln, Ellis, Hoffman, Davis, Elton moved and asked                                      
unanimous consent to be shown as cross sponsors on CS FOR HOUSE                                     
BILL NO. 171(FIN) am "An Act relating to a curriculum for Alaska                                    
history; and providing for an effective date." Without objection, it was                            
so ordered.                                                                                         
                                                                                                    
HJR 33                                                                                            
Senator Leman moved and asked unanimous consent to be shown as a                                    
cross sponsor on CS FOR HOUSE JOINT RESOLUTION NO.                                                  
33(MLV) am Expressing gratitude to President George W. Bush, to                                     
the President's cabinet, to the men and women of the United States                                  
armed forces, and to the United States Congress and declaring support                               
for the war on terrorism and for the President's effort to support                                  
democracies and promote peace worldwide. Without objection, it was                                  
so ordered.                                                                                         
                                                                                                    
HJR 35                                                                                            
Senator Leman moved and asked unanimous consent to be shown as a                                    
cross sponsor on HOUSE JOINT RESOLUTION NO. 35 am Relating                                          
to urging the United States Congress to amend the tax code to                                       
permanently repeal the estate tax. Without objection, it was so                                     
ordered.                                                                                            
                                                                                                    
Senator Austerman moved and asked unanimous consent to be                                           
excused from a call of the Senate from morning plane time, March 5                                  
through morning plane time, March 7. Without objection, Senator                                     
Austerman was excused.                                                                              
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on March 13 and 15. Without objection,                                    
Senator Lincoln was excused.                                                                        
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate on March 15, 18 and 20. Without objection,                                
Senator Olson was excused.                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-04                     Senate Journal                      Page 2370
Senator Taylor moved and asked unanimous consent to be excused                                      
from the Senate, not subject to a call, from afternoon plane time,                                  
March 7 through afternoon plane time, March 13. Without objection,                                  
Senator Taylor was excused.                                                                         
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 266                                                                                            
CS FOR SENATE BILL NO. 266(RES) "An Act authorizing the                                             
commissioner of community and economic development to refinance                                     
and extend the term of a fishery enhancement loan" was engrossed,                                   
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., March 6, 2002. Without                                       
objection, the Senate adjourned at 11:42 a.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2002                         

2002-03-04                     Senate Journal                      Page 2371
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Mar 04        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 06        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 08        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 04        Monday                    Senate Finance 532            9:00 AM                     
+ SB 341 APPROP:STUDY WELFARE /MEDICAID RECIPIENTS                                                  
+ SCR 28 JOINT LEGIS SALMON INDUSTRY TASK FORCE                                                     
+ SB 282 ALASKA SEAFOOD MARKETING INSTITUTE/TAX                                                     
+ SB 340 HOLD HARMLESS PROVISIONS OF PFD PROGRAM                                                    
+ SB 215 COMMON CARRIER LIQUOR LICENSE                                                              
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 04        Monday                    Senate Finance 532            4:00 PM                     
= SB 247 REAPPROPRIATIONS & CAPITAL APPROPRIATIONS                                                  
              Capital Budget Overview                                                               
              Bills Previously Heard/Scheduled                                                      
              --Teleconference upon request--                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-04                     Senate Journal                      Page 2372
                             FINANCE (continued)                                                 
                                                                                                    
Mar 05        Tuesday                   Senate Finance 532            9:00 AM                     
= SB 215 COMMON CARRIER LIQUOR LICENSE                                                              
              Presentation by the Alaska Railroad                                                   
              Bills Previously Heard/Scheduled                                                      
              --Teleconference upon request--                                                       
                                                                                                    
Mar 05        Tuesday                   Senate Finance 532            4:00 PM                     
+= SB 247 REAPPROPRIATIONS & CAPITAL APPROPRIATIONS                                                 
+             Capital Budget Overview                                                               
+             Bills Previously Heard/Scheduled                                                      
              --Teleconference upon request--                                                       
                                                                                                    
Mar 06        Wednesday                 Senate Finance 532            9:00 AM                     
= SB 292 SUPPLEMENTAL APPROPRIATIONS                                                                
              Bills Previously Heard/Scheduled                                                      
              --Teleconference upon request--                                                       
                                                                                                    
Mar 14        Thursday                  Senate Finance 532            9:30 AM                     
= SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
              Bills Previously Heard/Scheduled                                                      
              --Teleconference upon request--                                                       
                                                                                                    
Mar 15        Friday                    Senate Finance 532            9:00 AM                     
     SB 339 INCREASE CRIMINAL FINES                                                                 
= SB 185 PCE BASED ON HIGHEST COST                                                                  
                (Subcommittee to take testimony)                                                    
     HB   4 MOTOR VEHICLES & DRUNK DRIVING                                                          
              Bills Previously Heard/Scheduled                                                      
              --Teleconference upon request--                                                       
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 04        Monday                          Butrovich 205           1:30 PM                     
+ SB 302 MENTAL HEALTH PROFESSIONALS                                                                
+ SB 295 LICENSING:DISCLOSURE OF MINORS RECORDS                                                     
+ SB 342 LONG TERM CARE OMBUDSMAN                                                                   
+ SB 230 PSYCHOTROPIC DRUGS FOR CHILDREN                                                            
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-04                     Senate Journal                      Page 2373
HEALTH, EDUCATION & SOCIAL SERVICES (continued)                                                   
                                                                                                    
Mar 06        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 07        Thursday                  Senate Finance 532            8:00 AM                     
              -- Time and Location Change --                                                        
              Key Campaign                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Mar 04        Monday                                Beltz 211         1:30 PM                     
+= SB 263 REAL PROPERTY CONVEYANCES                                                                 
+ SB 331 DISTRICT COURT JURISDICTIONAL AMOUNT                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 06        Wednesday                             Beltz 211         1:30 PM                     
+             Confirmation Hearings:                                                                
              Board of Governors of the Alaska Bar-                                                 
              William A. Granger, Anchorage                                                         
              Commission on Judicial Conduct-                                                       
              Jeffrey M. Feldman, Anchorage                                                         
              Violent Crimes Compensation Board-                                                    
              Leslie D. Bogda Wheeler, Wasilla                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 08        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Mar 05        Tuesday                               Beltz 211         1:30 PM                     
+ SB 309 ADVERSE POSSESSION                                                                         
+ SB 324 PUBLIC UTILITIES EXEMPT FROM REGULATION                                                    
+ SB 328 BIG GAME HUNTERS ACCOMPANIED BY GUIDE                                                      
+ SB 320 MOTOR VEHICLE INSURANCE & REPAIRS                                                          
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 07        Thursday                              Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
                                                                                                    

2002-03-04                     Senate Journal                      Page 2374
                         LABOR & COMMERCE (continued)                                            
                                                                                                    
Mar 12        Tuesday                               Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 14        Thursday                              Beltz 211         1:30 PM                     
+ SB 220 SCOPE OF PRACTICE OF HAIRDRESSING                                                          
+ SB 283 REGULATION OF NURSING                                                                      
+ SB 265 PHYSICIAN ASSISTANTS/NURSE PRACTITIONERS                                                   
+ HB 274  WORKERS' COMP: HEARING/MEDICAL EXAM                                                       
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Mar 04        Monday                          Butrovich 205           3:30 PM                     
+ SB 343 BEST AVAILABLE TECHNOLOGY:DISCHARGE PLAN                                                   
+ SB 308 COASTAL ZONE MGMT PROGRAM                                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 06        Wednesday                       Butrovich 205           3:30 PM                     
+ SB 329 ALLOW CDQ GROUPS TO HOLD ENTRY PERMITS                                                     
+ SB 279 SPORT FISH LICENSES FOR 9/11 RESPONDERS                                                    
+ HB 263 REGULATION OF HOT SPRINGS WATER                                                            
                                                                                                    
Mar 08        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
Mar 04        Monday                       Fahrenkamp 203           10:30 AM                      
     SB 266 FISHERY ENHANCEMENT LOANS                                                               
     SB 337 ELIGIBILITY FOR MUNICIPAL TAX EXEMPTION                                                 
                                                                                                    
Mar 05        Tuesday                      Fahrenkamp 203           10:00 AM                      
     SB  11 COMPULSORY SCHOOL AGE                                                                   
     SB 297 MENTAL HEALTH TRUST LAND UNIT EMPLOYEES                                                 
     HB 291 LICENSING OF RESIDENTIAL CONTRACTORS                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-04                     Senate Journal                      Page 2375
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 05        Tuesday                               Beltz 211         3:30 PM                     
+ SB 336 LEASE-PURCHASE CORRECTIONAL FACILITY                                                       
                                                                                                    
Mar 07        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Mar 05        Tuesday                         Butrovich 205           1:30 PM                     
     SJR 41 PAVING ALASKA HIGHWAY                                                                   
     HJR 37 ALASKA AIRLINES 70TH ANNIVERSARY                                                        
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 07        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                        OMBUDSMAN SELECTION COMMITTEE                                            
                                                                                                    
Mar 14        Thursday                        Butrovich 205           5:30 PM                     
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                 FISH CAUCUS                                                     
                                                                                                    
Mar 14        Thursday                        Butrovich 205          12:00 PM