Legislature(2001 - 2002)

2002-03-15 Senate Journal

Full Journal pdf

2002-03-15                     Senate Journal                      Page 2427
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                      Friday                   March 15, 2002                       
                                                                                                    
                               Sixty-first Day                                                   
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
pro tempore Leman at 11:08 a.m.                                                                     
                                                                                                    
The roll showed twelve members present. Senators Cowdery, Halford,                                  
Lincoln, Olson, Phillips, Ward were excused from a call of the Senate.                              
Senators Kelly, Therriault were absent.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Reverend Kathleen                                           
Wakefield of the Holy Trinity Episcopal Church. Senator Hoffman                                     
moved and asked unanimous consent that the prayer be spread.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
          Lord, we pray today for our leaders. May they be                                          
          quiet in spirit, clear in judgment, able to understand                                    
          the issues that face them. May they think often of the                                    
          common people on whose behalf they must speak                                             
          and act. May they remember that, in keeping Your                                          
          law, is our only good and happiness. Grant them                                           
          patience, grant them courage, grant them foresight                                        
          and great faith. In their anxieties, be their security. In                                
          their opportunities, be their inspiration. By their plans                                 
          and their actions may Your kingdom come, Your will                                        
     be done. (Lilian Cox)                                         Amen.                           
                                                                                                    
Senator Green led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-15                     Senate Journal                      Page 2428
                                Certification                                                    
                                                                                                    
Senator Taylor, Acting Majority Leader, moved and asked unanimous                                   
consent that the journals for the fifty-ninth and sixtieth legislative days                         
be approved as certified by the Secretary. Without objection, it was so                             
ordered.                                                                                            
                                                                                                    
The presence of Senator Therriault was noted.                                                       
                                                                                                    
                                                                                                    
                                Communications                                                   
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    
Alaska State Commission for Human Rights 2001 Annual Report                                         
from Martha Gore, Chairperson                                                                       
in accordance with AS 18.80.150                                                                     
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 180                                                                                            
The Finance Committee considered SENATE BILL NO. 180 "An Act                                        
implementing pay differentials based on geographic areas for certain                                
state employees and for members of the Alaska State Defense Force;                                  
and providing for an effective date" and recommended it be replaced                                 
with                                                                                                
                                                                                                    
          CS FOR SENATE BILL NO. 180(FIN) "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; and                                
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Donley, Cochair, Senators Austerman,                                       
Wilken, Leman, Ward. Signing no recommendation: Senators                                            
Hoffman, Olson.                                                                                     
                                                                                                    

2002-03-15                     Senate Journal                      Page 2429
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 265                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
265 "An Act relating to physician assistants; providing that a                                      
physician assistant is a health care provider covered by certain laws                               
relating to medical malpractice actions; adding physician assistants to                             
the list of providers against whom unfair discrimination relating to                                
health care insurance is prohibited and to the list of providers who can                            
provide proof of disablement or handicap for the purpose of obtaining                               
a special parking permit; and providing for an effective date" and                                  
recommended the adoption of the Transportation Committee                                            
Substitute offered on page 2257.                                                                    
                                                                                                    
Signing do pass: Senator Stevens, Chair, Senators Austerman, Davis,                                 
Leman, Torgerson.                                                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 347                                                                                            
The Finance Committee considered SENATE BILL NO. 347 "An Act                                        
relating to taxation" and recommended it be replaced with                                           
                                                                                                    
                   CS FOR SENATE BILL NO. 347(FIN) "An Act                                         
          relating to alcoholic beverages."                                                         
                                                                                                    
Signing do pass: Senator Donley, Cochair, Senator Austerman.                                        
Signing no recommendation: Senators Green, Wilken, Leman. Signing                                   
do not pass: Senator Hoffman.                                                                       
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       

2002-03-15                     Senate Journal                      Page 2430
                        Consideration of the Calendar                                            
                                                                                                    
                                  Citations                                                      
                                                                                                    
In Memoriam - Milton Ronald Schmitz                                                                 
Senator(s) Taylor, Halford, Green, Kelly, Austerman, Lincoln, Davis,                                
Elton, Leman, Wilken, Stevens, Hoffman                                                              
                                                                                                    
Senator Taylor, Acting Majority Leader, moved and asked unanimous                                   
consent that the citation be adopted. Without objection, the citation                               
was adopted and referred to the Secretary for transmittal.                                          
                                                                                                    
Senator Taylor, Acting Majority Leader, 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                                              
                                                                                                    
In Memoriam - Adella "Lorene" Stump                                                                 
Senator(s) Leman, Halford, Stevens, Hoffman, Ellis, Donley, Wilken,                                 
Green, Elton, Kelly, Davis, Taylor, Lincoln, Austerman                                              
                                                                                                    
Senator Taylor, Acting Majority Leader, 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.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-15                     Senate Journal                      Page 2431
                                 Adjournment                                                     
                                                                                                    
Senator Taylor, Acting Majority Leader, moved and asked unanimous                                   
consent that the Senate stand in adjournment until 11:00 a.m., March                                
18, 2002. Without objection, the Senate adjourned at 11:27 a.m.                                     
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2002                         

2002-03-15                     Senate Journal                      Page 2432
                                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 15        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 18        Monday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Mar 20        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ SB 231 CORRECTIONAL FACILITY EXPANSION                                                            
                                                                                                    
Mar 22        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
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                                                             
              (Agency Testimony)                                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 19        Tuesday                   Senate Finance 532            9:00 AM                     
= SB 247 REAPPROPRIATIONS & CAPITAL APPROPRIATIONS                                                  
              (Capital Budget Overview)                                                             
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    

2002-03-15                     Senate Journal                      Page 2433
                             FINANCE (Continued)                                                 
                                                                                                    
Mar 20        Wednesday                 Senate Finance 532            9:30 AM                     
= SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
= SB 182 PRO RATA REDUCTIONS IN BENEFIT PROGRAMS                                                    
= SB 185 PCE BASED ON HIGHEST COST                                                                  
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Mar 21        Thursday                  Senate Finance 532            9:00 AM                     
     SB 226 HIGHWAY DESIGN & CONSTRUCTION                                                           
= SB 181 SMALL COMMUNITY HOUSING LOANS                                                              
     SB 279 SPORT FISH LICENSES FOR 9/11 RESPONDERS                                                 
     SB 277 DEFINITIONS OF FISHERIES BUSINESSES                                                     
     SB 308 COASTAL ZONE MGMT PROGRAM                                                               
= SB   4 MUNICIPAL PROPERTY TAX EXEMPTION                                                           
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Mar 22        Friday                    Senate Finance 532            9:00 AM                     
= SCR 29 HIRING FREEZE                                                                              
     SJR 37 CONST AM: HIRING FREEZE                                                                 
              <Pending Referral>                                                                    
     SJR 38 CONST AM: PRIORITY OF EXPENDITURES                                                      
              <Pending Referral>                                                                    
= HB 349 AGENCY PROGRAM AND FINANCIAL PLANS                                                         
     SB 299 WORKERS' COMPENSATION BOARD PANELS                                                      
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 15        Friday                          Butrovich 205           1:30 PM                     
     SB 346 SCHOOL DISTRICT CORRESPONDENCE STUDY                                                    
     SB 264 MUNICIPAL BOND REIMBURSEMENT                                                            
     SB 345 SCHOOL SERVICES  FOR DISABLED STUDENTS                                                  
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 18        Monday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-15                     Senate Journal                      Page 2434
               HEALTH, EDUCATION & SOCIAL SERVICES (Continued)                                   
                                                                                                    
Mar 20        Wednesday                       Butrovich 205           1:30 PM                     
+             Dept Ed and Early Development Overview:                                               
              Minimum Expenditure for                                                               
              Instruction Requirement                                                               
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 22        Friday                          Butrovich 205           1:30 PM                     
+             Dept Ed and Early Development Overview:                                               
              ESEA Implementation                                                                   
              Statewide School Safety/McQueen School                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Mar 15        Friday                                Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
+= SB 204 WILDFIRES AND NATURAL DISASTERS                                                           
+ SB 324 PUBLIC UTILITIES EXEMPT FROM REGULATION                                                    
+ SB 344 TERRORISM AGGRAVATING FACTOR                                                               
                                                                                                    
Mar 18        Monday                                Beltz 211         1:30 PM                     
+ SJR 33 CONSTITUTIONAL AMENDMENT : TAX CAP                                                         
+ SJR 37 CONST AM: HIRING FREEZE                                                                    
+ SJR 38 CONST AM: PRIORITY OF EXPENDITURES                                                         
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 20        Wednesday                             Beltz 211         1:30 PM                     
+ SJR 25 CONST. AM: EDUCATION FUND                                                                  
+ HB 362 EXTEND BOARD OF GOVERNORS OF AK BAR ASSN                                                   
+= SB 324 PUBLIC UTILITIES EXEMPT FROM REGULATION                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 22        Friday                                Beltz 211         1:30 PM                     
+ SB 278 TAKING PROPERTY BY EMINENT DOMAIN                                                          
+ SB 295 LICENSING:DISCLOSURE OF MINORS RECORDS                                                     
+ SB 302 MENTAL HEALTH PROFESSIONALS                                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-15                     Senate Journal                      Page 2435
                               LABOR & COMMERCE                                                  
                                                                                                    
Mar 19        Tuesday                               Beltz 211         1:30 PM                     
+ SB 317 NAT'L FOREST INCOME AND REGS OF DCED                                                       
+ HB 418 ELECTRONIC PROXY VOTING & NOTIFICATION                                                     
              <Pending Referral>                                                                    
+ HB 281 CIVIL LIABILITY FOR PROVIDING ALCOHOL                                                      
                                                                                                    
Mar 21        Thursday                              Beltz 211         1:30 PM                     
+ SB 321 REVISION OF VETERINARY STATUTES                                                            
+ HB 262 BUILDING SAFETY ACCOUNT                                                                    
                                                                                                    
Mar 26        Tuesday                               Beltz 211         1:30 PM                     
+ HB  56 MINIMUM WAGE                                                                               
+= SB 320 MOTOR VEHICLE INSURANCE & REPAIRS                                                         
                                                                                                    
Mar 28        Thursday                              Beltz 211         1:30 PM                     
+             Confirmation Hearings:                                                                
              AK State Board of Public Accountancy                                                  
              Alcoholic Beverage Control Board                                                      
              Architects, Engineers and Land Surveyors                                              
              Board of Barbers and Hairdressers                                                     
              Board of Chiropractic Examiners                                                       
              AK Workers' Compensation Board                                                        
                                                                                                    
Apr 02        Tuesday                               Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 04        Thursday                              Beltz 211         1:30 PM                     
+             Confirmation Hearings:                                                                
              AK Labor Relations Agency                                                             
              Board of Marine Pilots                                                                
              Certified Real Estate Appraisers                                                      
              Real Estate Commission                                                                
              Regulatory Commission of Alaska                                                       
                                                                                                    
Apr 09        Tuesday                   Senate Finance 532            1:30 PM                     
              -- Location Change --                                                                 
              Joint w/(H)                                                                           
+             Nursing Workforce Issues Forum                                                        
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-15                     Senate Journal                      Page 2436
                                  RESOURCES                                                      
                                                                                                    
Mar 15        Friday                          Butrovich 205           3:30 PM                     
     SB 205 CONTROL OF NUISANCE WILD ANIMALS                                                        
     SB 326 WASTEWATER DISCHARGE PROGRAM                                                            
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 18        Monday                          Butrovich 205           3:30 PM                     
+ SB 280 WATER/SEWER/WASTE GRANTS TO UTILITIES                                                      
+ SB 240 TERRORISTIC THREATENING/PIPELINE DAMAGE                                                    
+ HB 307 OIL/GAS EXPLORATION INCENTIVE CREDIT                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 20        Wednesday                       Butrovich 205           3:30 PM                     
+= SB 329 ALLOW CDQ GROUPS TO HOLD ENTRY PERMITS                                                    
+ HB 206 LIMITED ENTRY FOR COMM. FISHERIES                                                          
+ HB 298 LEGISLATIVE APPROVAL OF RAILROAD LEASES                                                    
+ HB 131 FOREST RESOURCES & PRACTICES STANDARDS                                                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 22        Friday                          Butrovich 205           3:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 19        Tuesday                               Beltz 211         3:30 PM                     
     HCR 20 SEPT 11 DAY OF REMEMBRANCE                                                              
     HJR 33 SUPPORT WAR ON TERRORISM & SUPPORT PEACE                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 21        Thursday                              Beltz 211         3:30 PM                     
     HJR 35 REPEAL ESTATE TAX                                                                       
     SB 306 PRESCRIPTION DRUG ASSISTANCE TASK FORCE                                                 
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Mar 20        Wednesday                          Capitol 102          8:30 AM                     
+             Regulation Changes for Special                                                        
              (Correspondence) Schools                                                              
              Public Comment                                                                        

2002-03-15                     Senate Journal                      Page 2437
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Mar 18        Monday                     House Finance 519           12:00 PM                     
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
Mar 22        Friday                             Capitol 208          8:30 AM                     
              Information Technology Subcommittee                                                   
                   ----------------------------------------                                        
                                                                                                    
                        OMBUDSMAN SELECTION COMMITTEE                                            
                                                                                                    
Mar 26        Tuesday                               Beltz 211         9:00 AM                     
                   ----------------------------------------                                        
                                                                                                    
                      SELECT CMTE ON LEGISLATIVE ETHICS                                          
                                                                                                    
Mar 26        Tuesday                         Butrovich 205         11:00 AM                      
              Public Comment                                                                        
              Committee Members and Officers                                                        
              Review of State Benefit & Loan Programs                                               
              Staff Reports, Late Disclosures                                                       
              Advisory Opinion 02-01                                                                
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Mar 26        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Youth in Action                                                                       
                                                                                                    
Apr 02        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Smart Start/Strong Future