Legislature(2001 - 2002)

2002-03-27 Senate Journal

Full Journal pdf

2002-03-27                     Senate Journal                      Page 2529
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                 TWENTY-SECOND LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                   March 27, 2002                       
                                                                                                    
                              Seventy-third 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, Senator Kelly. Senator                                      
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
     Heavenly Father, We come to You with humble hearts. We                                         
     realize that while few of us here have paid the price for                                      
     precious liberty, we stand on the shoulders of those who                                       
     have. And we thank You for their sacrifice. We thank You                                       
     for the privilege to participate in a constitutional republic                                  
     that honors the dignity of man who is made in Your image.                                      
                                                                                                    
     We pray now for the protection of our leaders and their                                        
     families. We pray for President Bush and ask You to                                            
     protect and bless him and his family in these dangerous                                        
     times. We also pray for Governor Knowles and his family.                                       
     Guide him in Your ways, Father, and provide comfort to                                         
     his family as he tries to balance the demands of his job                                       
     against their needs.                                                                           
                                                                                                    
     We know how difficult politics is for the families of those                                    
     gathered here. It can be no less difficult for Susan, Devon,                                   
     Luke and Sara. And we ask You to bless the Knowles                                             
     family in a special way.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2530
     We also pray for the families of Alaska's Senators and                                         
     Representatives, especially the families of Senator Leman                                      
     and Representative Ogan. Comfort them in this trying time.                                     
     And finally Father, we thank You for this day. It is a day                                     
     where we receive a clean slate and a new opportunity to                                        
     serve You as honorable men and women.                                                          
                                                                                                    
     We also pray a blessing on Ramona Barnes, who is very                                          
     sick at this time. We ask You to heal her illness and bring                                    
     her back whole and hearty to the public policy debate in                                       
     this State as she longs to do.                                        Amen.                    
                                                                                                    
Senator Wilken led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Leman moved and asked unanimous consent that the journals                                   
for the seventy-first and seventy-second legislative days be approved                               
as certified by the Secretary. Without objection, it was so ordered.                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Messages dated March 25 and 26 were read, stating the House passed                                  
and transmitted for consideration:                                                                  
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 45                                                                                            
HOUSE JOINT RESOLUTION NO. 45 BY REPRESENTATIVES                                                    
KERTTULA, Stevens, Coghill, Scalzi, Crawford, Kapsner, Hayes,                                       
Meyer, Kookesh, Halcro, Berkowitz, Davies, Morgan, Green,                                           
McGuire, Murkowski, Hudson, Wilson, Fate, Rokeberg, Harris,                                         
James,                                                                                              
                                                                                                    
          Relating to the labeling of salmon food products.                                         
                                                                                                    
was read the first time and referred to the Resources Committee.                                    

2002-03-27                     Senate Journal                      Page 2531
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 348                                                                                            
HOUSE BILL NO. 348 BY REPRESENTATIVES CROFT, Guess,                                                 
Dyson, Kookesh, Meyer, Crawford, Wilson, McGuire, Hudson,                                           
Lancaster, Stevens, Chenault, Fate, Hayes, Murkowski,                                               
                                                                                                    
          "An Act relating to violations of domestic violence                                       
          protective orders."                                                                       
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
HB 355                                                                                            
CS FOR HOUSE BILL NO. 355(CRA) BY THE HOUSE                                                         
COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled:                                                 
                                                                                                    
          "An Act relating to the taxation of mobile                                                
          telecommunications services by municipalities; and                                        
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Labor and Commerce Committees.                                                          
                                                                                                    
HB 416                                                                                            
CS FOR HOUSE BILL NO. 416(HES) BY THE HOUSE HEALTH,                                                 
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
          "An Act relating to reemployment of and benefits for                                      
          retired teachers and principals who participated in                                       
          retirement incentive programs and to the employment                                       
          as teachers of members of the public employees'                                           
          retirement system who participated in a retirement                                        
          incentive program; and providing for an effective                                         
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services Committee.                                                                                 
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2532
HB 480                                                                                            
CS FOR HOUSE BILL NO. 480(STA) BY THE HOUSE STATE                                                   
AFFAIRS COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act providing that the death of an employee                                           
          killed because of the employee's job status shall be                                      
          considered an occupational death for purposes of                                          
          survivor's pension benefits in the teachers' retirement                                   
             system and the public employees' retirement system."                                  
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
                                Concur Message                                                   
                                                                                                    
SCR 23                                                                                            
Message dated March 25 was read, stating the House passed SENATE                                    
CONCURRENT RESOLUTION NO. 23 with the following                                                     
amendment:                                                                                          
                                                                                                    
 Page 2, line 11, following "Day":                                                                  
  Insert "and that this resolution is effective immediately"                                        
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 23 am H                                                    
Relating to declaring April 6, 2002, as Alaska Tartan Day, is returned                              
for consideration.                                                                                  
                                                                                                    
Senator Leman moved that the Senate concur in the House                                             
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2533
                                                                                                    
SCR 23 am H                                                                                         
Shall the Senate Concur in the                                                                      
House Amendment to SCR 23?                                                                          
                                                                                                    
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, the Senate concurred in the House amendment, thus adopting                                  
SENATE CONCURRENT RESOLUTION NO. 23 am H Relating to                                                
declaring April 6, 2002, as Alaska Tartan Day.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 182                                                                                            
Forthcoming fiscal information (page 2490) for the Finance                                          
Committee Substitute for SENATE BILL NO. 182 "An Act requiring                                      
reductions in payments to individuals under certain benefit programs if                             
appropriations are not sufficient to fully fund the statutorily                                     
established levels of payments" was published today:                                                
 Fiscal Note No. 1, indeterminate, Office of the Governor                                           
 Fiscal Note No. 2, indeterminate, Department of Health and Social                                  
  Services                                                                                          
 Fiscal Note No. 3, indeterminate, Department of Health and Social                                  
  Services                                                                                          
 Fiscal Note No. 4, indeterminate, Department of Health and Social                                  
  Services                                                                                          
 Fiscal Note No. 5, indeterminate, Department of Health and Social                                  
  Services                                                                                          
 Fiscal Note No. 6, indeterminate, Department of Health and Social                                  
  Services                                                                                          
 Fiscal Note No. 7, indeterminate, Department of Health and Social                                  
  Services                                                                                          
 Fiscal Note No. 8, indeterminate, Department of Health and Social                                  
  Services                                                                                          

2002-03-27                     Senate Journal                      Page 2534
SB 205                                                                                            
The Resources Committee considered SENATE BILL NO. 205 "An                                          
Act relating to control of nuisance wild animals; and providing for an                              
effective date" and recommended it be replaced with                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 205(RES)                                                           
                                                                                                    
Signing do pass: Senator Torgerson, Chair, Senators Stevens, Wilken,                                
Taylor. Signing no recommendation: Senators Elton, Lincoln.                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Fish and Game                                                     
                                                                                                    
President Halford added a Finance Committee referral to the bill.                                   
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 220                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
220 "An Act relating to the scope of practice authorized under a                                    
license to practice hairdressing" and recommended it be replaced with                               
          CS FOR SENATE BILL NO. 220(L&C)                                                           
                                                                                                    
Signing do pass: Senator Stevens, Chair, Senators Austerman, Davis,                                 
Torgerson.                                                                                          
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
  Development                                                                                       
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 291                                                                                            
The Finance Committee considered SENATE BILL NO. 291 "An Act                                        
making supplemental and other appropriations; amending                                              
appropriations; and providing for an effective date" and recommended                                
it be replaced with                                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 291(FIN)                                                           
                                                                                                    

2002-03-27                     Senate Journal                      Page 2535
Signing do pass: Senator Donley, Cochair, Senators Wilken, Leman.                                   
Signing no recommendation: Senators Austerman, Hoffman, Olson.                                      
Signing amend: Senators Green, Ward.                                                                
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 319                                                                                            
The Finance Committee considered SENATE BILL NO. 319 "An Act                                        
relating to shallow natural gas leasing; and providing for an effective                             
date" and recommended it be replaced with                                                           
                                                                                                    
                   CS FOR SENATE BILL NO. 319(FIN) "An Act                                         
            relating to shallow natural gas; and providing for an                                  
          effective date."                                                                          
                                                                                                    
Signing do pass: Senator Kelly, Cochair, Senators Olson, Wilken,                                    
Austerman, Green, Ward, Leman. Signing no recommendation:                                           
Senator Donley, Cochair.                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Natural Resources                                                 
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 324                                                                                            
The Judiciary Committee considered SENATE BILL NO. 324 "An                                          
Act providing that a utility or electric operating entity owned and                                 
operated by a political subdivision of the state competing directly with                            
a telecommunications utility is not subject to the Alaska Public                                    
Utilities Regulatory Act." Signing do pass: Senator Taylor, Chair,                                  
Senator Cowdery. Signing no recommendation: Senators Donley,                                        
Therriault.                                                                                         
                                                                                                    
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.                                                       
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2536
SB 326                                                                                            
The Resources Committee considered SENATE BILL NO. 326 "An                                          
Act relating to evaluating state assumption of the wastewater                                       
discharge program under the federal Clean Water Act; and providing                                  
for an effective date" and recommended it be replaced with                                          
                                                                                                    
          CS FOR SENATE BILL NO. 326(RES)                                                           
                                                                                                    
Signing do pass: Senator Torgerson, Chair, Senators Stevens, Wilken,                                
Taylor, Halford. Signing no recommendation: Senators Elton, Lincoln.                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Environmental Conservation                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 344                                                                                            
The Judiciary Committee considered SENATE BILL NO. 344 "An                                          
Act relating to an aggravating factor at sentencing for terrorism."                                 
Signing do pass: Senator Taylor, Chair, Senator Cowdery. Signing no                                 
recommendation: Senator Therriault.                                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Administration                                     
 Fiscal Note No. 2, indeterminate, Department of Corrections                                        
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 345                                                                                            
The Finance Committee considered SENATE BILL NO. 345 "An Act                                        
relating to medical assistance for rehabilitative services for certain                              
children with disabilities; relating to agreements to pay medical                                   
assistance for covered services paid for or furnished to eligible                                   
children with disabilities by a school district; and providing for an                               
effective date." Signing do pass: Senator Kelly, Cochair, Senators                                  
Green, Austerman, Wilken, Leman, Ward. Signing no                                                   
recommendation: Senator Donley, Cochair, Senator Olson.                                             
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2537
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Health and Social Services                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Health and Social Services                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 56                                                                                             
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 56(FIN) "An Act relating to minimum wages; and                                             
providing for an effective date." Signing no recommendation: Senator                                
Stevens, Chair, Senators Austerman, Torgerson. Signing do pass:                                     
Senator Davis.                                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, Department of Health and Social Services                                        
 Fiscal Note No. 3, indeterminate, Department of Education and                                      
  Early Development                                                                                 
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 196                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
196(JUD) "An Act establishing a right of action for a legal separation;                             
requiring a report about legal separations; and amending Rule 42(a),                                
Alaska Rules of Civil Procedure." Signing no recommendation:                                        
Senator Taylor, Chair, Senators Cowdery, Therriault, Donley.                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, zero, Alaska Court System                                                       
 Fiscal Note No. 5, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 297                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
297(JUD) "An Act related to aggravating factors at sentencing" and                                  
recommended it be replaced with                                                                     

2002-03-27                     Senate Journal                      Page 2538
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
               297(JUD) "An Act relating to restitution and to                                     
          aggravating factors at sentencing."                                                       
          (Title change authorized by SCR 31)                                                       
                                                                                                    
Signing do pass: Senator Taylor, Chair, Senators Cowdery, Donley.                                   
Signing no recommendation: Senator Therriault.                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, indeterminate, Department of Administration                                     
 Fiscal Note No. 3, indeterminate, Department of Corrections                                        
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 307                                                                                            
The Resources Committee considered HOUSE BILL NO. 307 "An                                           
Act delaying to June 30, 2007, the last date by which hydrocarbon                                   
exploration geophysical work must be performed or drilling of a                                     
stratigraphic test well or exploratory well must be completed in order                              
for a person to qualify for an exploration incentive credit." Signing do                            
pass: Senator Torgerson, Chair, Senators Taylor, Halford, Stevens.                                  
Signing no recommendation: Senators Lincoln, Elton.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Natural                                            
  Resources                                                                                         
 Fiscal Note No. 2, indeterminate, Department of Revenue                                            
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SJR 33                                                                                            
The Judiciary Committee considered SENATE JOINT RESOLUTION                                          
NO. 33 Proposing an amendment to the Constitution of the State of                                   
Alaska relating to limiting the rate of state income and sales and use                              
taxes, and recommended it be replaced with                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2539
          CS FOR SENATE JOINT RESOLUTION NO.                                                        
          33(JUD) Proposing an amendment to the                                                     
          Constitution of the State of Alaska relating to                                           
          limiting the rate of state income and sales taxes.                                        
                                                                                                    
Signing no recommendation: Senator Taylor, Chair, Senators                                          
Therriault, Donley. Signing do not pass: Senator Cowdery.                                           
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Office of the Governor                                                          
                                                                                                    
The resolution was referred to the Finance Committee.                                               
                                                                                                    
SCR 28                                                                                            
The Finance Committee considered SENATE CONCURRENT                                                  
RESOLUTION NO. 28 Establishing the Joint Legislative Salmon                                         
Industry Task Force, and recommended the adoption of the Resources                                  
Committee Substitute offered on page 2341. Signing do pass: Senators                                
Donley, Kelly, Cochairs, Senators Hoffman, Olson, Wilken, Leman.                                    
Signing no recommendation: Senator Green.                                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Legislative Affairs Agency                                                      
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
SB 180                                                                                            
The Rules 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." Signing to calendar: Senator                                  
Phillips, Chair, Senators Therriault, Cowdery, Halford. Signing under                               
other recommendations: Senator Ellis.                                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2540
SB 308                                                                                            
The Rules Committee considered SENATE BILL NO. 308 "An Act                                          
relating to the Alaska coastal management program and the                                           
responsibilities of the Alaska Coastal Policy Council." Signing to                                  
calendar: Senator Phillips, Chair, Senators Therriault, Cowdery,                                    
Halford. Signing under other recommendations: Senator Ellis.                                        
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SCR 29                                                                                            
The Rules Committee considered SENATE CONCURRENT                                                    
RESOLUTION NO. 29 Relating to urging the Governor to institute a                                    
hiring freeze on state government. Signing to calendar: Senator                                     
Phillips, Chair, Senators Therriault, Halford, Cowdery. Signing under                               
other recommendations: Senator Ellis.                                                               
                                                                                                    
The resolution is on today's calendar.                                                              
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 31                                                                                            
SENATE CONCURRENT RESOLUTION NO. 31 BY THE                                                          
SENATE JUDICIARY COMMITTEE,                                                                         
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 297, regarding                                                  
          aggravating factors at sentencing.                                                        
                                                                                                    
was read the first time and referred to the Rules Committee.                                        
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 100                                                                                            
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 100 BY                                                       
SENATOR HALFORD, entitled:                                                                          
                                                                                                    

2002-03-27                     Senate Journal                      Page 2541
          "An Act relating to regulation and operation of                                           
          electric personal motor vehicles and to vehicle                                           
          registration."                                                                            
                                                                                                    
was read the first time and referred to the Transportation Committee.                               
                                                                                                    
SB 353                                                                                            
SENATE BILL NO. 353 BY THE SENATE HEALTH,                                                           
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
          "An Act relating to the labeling of animal and poultry                                    
          feeds and to the agriculture program coordinator; and                                     
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 354                                                                                            
SENATE BILL NO. 354 BY THE SENATE HEALTH,                                                           
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
          "An Act relating to the prices paid by milk processing                                    
          plants to suppliers of fluid milk."                                                       
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
SB 355                                                                                            
SENATE BILL NO. 355 BY THE SENATE HEALTH,                                                           
EDUCATION AND SOCIAL SERVICES COMMITTEE BY                                                          
REQUEST, entitled:                                                                                  
                                                                                                    
          "An Act establishing an account in the general fund                                       
          to receive general gifts, donations, and bequests to                                      
          the State of Alaska."                                                                     
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2542
SB 356                                                                                            
SENATE BILL NO. 356 BY THE SENATE STATE AFFAIRS                                                     
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to the authority of the Department of                                    
          Environmental Conservation to issue general and                                           
          individual permits for waste disposal; and providing                                      
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 180                                                                                            
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" was read the second time.                                                           
                                                                                                    
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 2428.                                  
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall the Finance Committee Substitute be                                      
adopted?" The roll was taken with the following result:                                             
                                                                                                    
SB 180                                                                                              
Second Reading                                                                                      
Adopt Finance Committee Substitute?                                                                 
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Halford, Kelly,                                    
Leman, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                               
                                                                                                    
Nays:  Ellis, Elton, Hoffman, Lincoln, Olson                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2543
and so, 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" 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. Senator Ellis objected.                                                                    
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 180(FIN)                                                                                       
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln, Olson                                                 
                                                                                                    
and so, the bill failed to advance to third reading.                                                
                                                                                                    
CS FOR SENATE BILL NO. 180(FIN) will be on the March 28                                             
calendar.                                                                                           
                                                                                                    
SB 308                                                                                            
SENATE BILL NO. 308 "An Act relating to the Alaska coastal                                          
management program and the responsibilities of the Alaska Coastal                                   
Policy Council" was read the second time.                                                           
                                                                                                    
Senator Kelly, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 2492.                                  
Without objection, CS FOR SENATE BILL NO. 308(FIN) "An Act                                          
relating to the Alaska coastal management program and the                                           
responsibilities of the Alaska Coastal Policy Council; and providing                                
for an effective date" (technical title change) was adopted and read the                            
second time.                                                                                        
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2544
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. 308(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 308(FIN)                                          
"An Act relating to the Alaska coastal management program and the                                   
responsibilities of the Alaska Coastal Policy Council; and providing                                
for an effective date" pass the Senate?" The roll was taken with the                                
following result:                                                                                   
                                                                                                    
CSSB 308(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Elton, Green, Halford, Kelly,                                    
Leman, Lincoln, Olson, Phillips, Stevens, Taylor, Therriault,                                       
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Davis, Ellis, Hoffman                                                                        
                                                                                                    
and so, CS FOR SENATE BILL NO. 308(FIN) passed the Senate.                                          
                                                                                                    
Senator Leman moved and asked unanimous consent that the vote on                                    
the passage of the bill be considered the vote on the effective date                                
clause. Without objection, it was so ordered.                                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SCR 29                                                                                            
SENATE CONCURRENT RESOLUTION NO. 29 was read the                                                    
second time and was before the Senate on final passage.                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2545
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 29 Relating to urging the Governor to institute a hiring freeze on                              
state government, pass the Senate?" The roll was taken with the                                     
following result:                                                                                   
                                                                                                    
SCR 29                                                                                              
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman,                                    
Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                               
                                                                                                    
Nays:  Davis, Ellis, Elton, Hoffman, Lincoln                                                        
                                                                                                    
and so, SENATE CONCURRENT RESOLUTION NO. 29 passed the                                              
Senate.                                                                                             
                                                                                                    
Senator Elton gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 339                                                                                            
Senator Lincoln requested that the reconsideration on SENATE BILL                                   
NO. 339 be taken up. The bill was before the Senate on                                              
reconsideration.                                                                                    
                                                                                                    
The question to be reconsidered: "Shall SENATE BILL NO. 339 "An                                     
Act increasing fines for certain criminal offenses" pass the Senate?"                               
The roll was taken with the following result:                                                       
                                                                                                    
SB 339                                                                                              
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Donley, Ellis, Green, Halford, Kelly,                                    
Leman, Olson, Phillips, Stevens, Taylor, Therriault, Torgerson, Ward,                               
Wilken                                                                                              
                                                                                                    
Nays:  Davis, Elton, Hoffman, Lincoln                                                               
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2546
and so, SENATE BILL NO. 339 passed the Senate on reconsideration                                    
and was referred to the Secretary for engrossment.                                                  
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Senator Leman moved and asked unanimous consent that the                                            
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                          Special Order of Business                                              
                                                                                                    
In Memoriam - "Captain" James (Jim) B. Denegree                                                     
Representative(s) Fate                                                                              
Senator(s) Therriault, Wilken, Halford, Green, Kelly, Taylor,                                       
Austerman, Lincoln, Davis, Elton, Leman, Donley                                                     
                                                                                                    
Senator Leman moved and asked unanimous consent that the citation                                   
be adopted. Without objection, the citation was adopted and referred to                             
the Secretary for transmittal.                                                                      
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senators Hoffman, Davis moved and asked unanimous consent to be                                     
excused from a call of the Senate on March 28. Without objection,                                   
Senators Hoffman, Davis were excused.                                                               
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on March 28 and April 5. Without objection,                               
Senator Lincoln was excused.                                                                        
                                                                                                    
Senator Ellis moved and asked unanimous consent to be excused from                                  
a call of the Senate until morning plane time on April 2. Without                                   
objection, Senator Ellis was excused.                                                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2547
HB 348                                                                                            
Senators Davis, Ellis, Lincoln, Elton moved and asked unanimous                                     
consent to be shown as cross sponsors on HOUSE BILL NO. 348 "An                                     
Act relating to violations of domestic violence protective orders."                                 
Without objection, it was so ordered.                                                               
                                                                                                    
HB 241                                                                                            
Senator Therriault moved and asked unanimous consent to be shown                                    
as a cross sponsor on CS FOR HOUSE BILL NO. 241(RES) "An Act                                        
relating to a railroad utility corridor for extension of the Alaska                                 
Railroad to Canada and to extension of the Alaska Railroad to                                       
Whitehorse, Yukon, Canada." Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 339                                                                                            
SENATE BILL NO. 339 "An Act increasing fines for certain criminal                                   
offenses" 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 10:00 a.m., March 28, 2002. Without                                      
objection, the Senate adjourned at 12:33 p.m.                                                       
                                                                                                    
                                                                 Heidi Vogel                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                 March 2002                         

2002-03-27                     Senate Journal                      Page 2548
                                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 27        Wednesday                    Fahrenkamp 203             1:30 PM                     
+ SB 312 ENTERPRISE ZONES                                                                           
+ SB 314 MOBILE TELECOMMUNICATIONS TAX                                                              
+ HB 135 EXCESSIVE POLICE SERVICES:FEES/ TENANCY                                                    
                                                                                                    
Mar 29        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Mar 27        Wednesday                 Senate Finance 532            9:30 AM                     
= HB 359 SUPPLEMENTAL APPROP TOURISM MARKETING                                                      
              <Pending Referral>                                                                    
= SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                                                                                                    
Mar 28        Thursday                  Senate Finance 532            9:30 AM                     
= HB 359 SUPPLEMENTAL APPROP TOURISM MARKETING                                                      
              <Pending Referral>                                                                    
= SB 291 SUPPLEMENTAL APPROPRIATIONS: FAST TRACK                                                    
              Bills Previously Heard/Scheduled                                                      
              -- Teleconference Upon Request --                                                     
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2549
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Mar 27        Wednesday                       Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 03        Wednesday                       Butrovich 205           1:30 PM                     
              Statewide School Safety/McQueen School                                                
              -- Above Item Rescheduled from 3/22/02 --                                             
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Mar 27        Wednesday                             Beltz 211         1:30 PM                     
+= HB  40 REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT                                                   
+ HB 157 TRUST COMPANIES & FIDUCIARIES                                                              
+ SB 313 NO LEGIS APPROVAL OF AEROSPACE PROJECT                                                     
              <Above Item Removed from Agenda>                                                      
+= SB 263 REAL PROPERTY CONVEYANCES                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 29        Friday                                Beltz 211         1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
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                                             
+= HB 212 WORKERS' COMP:CONTRACTORS & SUBCONTRACTOR                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
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                                                                  
+ HB 389 MUNI TAX EXEMPTION: DETERIORATED PROPERTY                                                  
              Bills Previously Heard/Scheduled                                                      

2002-03-27                     Senate Journal                      Page 2550
                         LABOR & COMMERCE (continued)                                            
                                                                                                    
Apr 09        Tuesday                   Senate Finance 532            1:30 PM                     
              -- Location Change --                                                                 
              Joint w/(H)                                                                           
+             Nursing Workforce Issues Forum                                                        
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
Mar 27        Wednesday                       Butrovich 205           3:30 PM                     
+= HB 298 LEGISLATIVE APPROVAL OF RAILROAD LEASES                                                   
+= HB 241 RAIL AND UTILITY CORRIDOR TO CANADA                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Mar 29        Friday                          Butrovich 205           3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                    RULES                                                        
                                                                                                    
Mar 27        Wednesday                    Fahrenkamp 203           10:45 AM                      
= SB 308 COASTAL ZONE MGMT PROGRAM/COUNCIL                                                          
     SB 347 ALCOHOLIC BEVERAGE TAX                                                                  
                                                                                                    
Mar 28        Thursday                     Fahrenkamp 203             8:30 AM                     
              -- Time Change --                                                                     
     SB 182 PRO RATA REDUCTIONS IN BENEFIT PROGRAMS                                                 
     SB 270 BOARD OF DISPENSING OPTICIANS                                                           
     SB 279 SPORT FISH LICENSES FOR 9/11 RESPONDERS                                                 
     SB 299 WORKERS' COMPENSATION BOARD PANELS                                                      
     SB 319 SHALLOW NATURAL GAS LEASING                                                             
     SCR 28 JOINT LEGIS SALMON INDUSTRY TASK FORCE                                                  
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Mar 28        Thursday                              Beltz 211         3:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2002-03-27                     Senate Journal                      Page 2551
                                TRANSPORTATION                                                   
                                                                                                    
Mar 28        Thursday                        Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 02        Tuesday                         Butrovich 205           1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 04        Thursday                        Butrovich 205           1:30 PM                     
= SB 100 ELECTRIC PERSONAL VEHICLES/ REGISTRATION                                                   
     SB 348 MOTOR VEHICLE REPAIRS                                                                   
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                            FINANCE SUBCOMMITTEES                                                
                                                                                                    
                                ADMINISTRATION                                                   
                                                                                                    
Mar 27        Wednesday                    Fahrenkamp 203             8:00 AM                     
              Overview: Dept of Administration FY03                                                 
              Budget Request                                                                        
                   ----------------------------------------                                        
                                                                                                    
                                   REVENUE                                                       
                                                                                                    
Mar 27        Wednesday                             Beltz 211         4:00 PM                     
              Revenue Operating Budget Closeout                                                     
                                                                                                    
Mar 28        Thursday                  Senate Finance 532          10:00 AM                      
              Revenue Operating Budget Closeout                                                     
                   ----------------------------------------                                        
                                                                                                    
                      TRANSPORTATION & PUBLIC FACILITIES                                         
                                                                                                    
Mar 28        Thursday                     Fahrenkamp 203             8:00 AM                     
              Overview: DOT/PF FY03 Budget Request                                                  
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 08        Monday                     House Finance 519           12:00 PM                     
                   ----------------------------------------                                        

2002-03-27                     Senate Journal                      Page 2552
                        OMBUDSMAN SELECTION COMMITTEE                                            
                                                                                                    
Apr 02        Tuesday                         Butrovich 205           5:00 PM                     
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                              CHILDREN'S CAUCUS                                                  
                                                                                                    
Apr 02        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Smart Start/Strong Future                                                             
                                                                                                    
Apr 09        Tuesday                      Fahrenkamp 203            12:00 PM                     
+             Child Abuse Prevention Network