Legislature(2001 - 2002)
2002-04-16 Senate Journal
Full Journal pdf2002-04-16 Senate Journal Page 2787 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-SECOND LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 16, 2002 Ninety-third Day Pursuant to adjournment the Senate was called to order by President Halford at 11:22 a.m. The roll showed nineteen members present. Senator Taylor was excused from a call of the Senate. The prayer was offered by the Chaplain, Father Tom Moffatt of St. Nicholas Russian Orthodox Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Let us pray to the Lord. For the peace of the whole world and for the salvation of our souls, let us pray to the Lord. For the forgiveness of every transgression, both voluntary and involuntary, let us pray to the Lord. For the President of our country, George, the Governor of our state, Anthony, all the Alaska Legislature, and all in civil authority, let us pray to the Lord. For our delivery from all sickness, anger, and danger, let us pray to the Lord. Help us, save us, have mercy on us, and keep us, O God, by Your grace. For You are a merciful God, full of compassion and love for mankind, now and forever and unto ages of ages. Amen. Senator Wilken led the Senate in the Pledge of Allegiance. 2002-04-16 Senate Journal Page 2788 Certification Senator Leman moved and asked unanimous consent that the journal for the ninety-second legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SB 291 Message dated April 16 was read stating, the House has failed to recede from its amendments to CS FOR SENATE BILL NO. 291(RLS), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 291(FIN) am H "An Act making supplemental and other appropriations; amending appropriations; and providing for an effective date." The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Mulder Representative Williams Representative Croft Senate members appointed April 15 (page 2772): Senator Donley, Chair Senator Wilken Senator Hoffman Message dated April 15 was read, stating the House passed and transmitted for consideration: 2002-04-16 Senate Journal Page 2789 First Reading and Reference of House Bills HB 344 CS FOR HOUSE BILL NO. 344(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act increasing fees for driver's licenses, instruction permits, and identification cards; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. SB 242 Message dated April 15 was read, stating the House passed and returned for consideration SENATE BILL NO. 242 with the following amendment: SENATE BILL NO. 242 am H "An Act relating to concealed handgun permittees." 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: SB 242 am H Shall the Senate concur in the House amendment to SB 242? YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Cowdery, Davis, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Olson, Phillips, Stevens, Therriault, Torgerson, Ward, Wilken Excused: Taylor and so, the Senate concurred in the House amendment, thus adopting SENATE BILL NO. 242 am H "An Act relating to concealed handgun permittees." 2002-04-16 Senate Journal Page 2790 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Standing Committee Reports SB 311 The Health, Education and Social Services Committee considered SENATE BILL NO. 311 "An Act relating to the public school trust fund, the Alaska children's trust, and the Alaska heritage endowment fund; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 311(HES) Signing no recommendation: Senator Green, Chair, Senator Ward. Signing do pass: Senators Wilken, Davis, Leman. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue The bill was referred to the Finance Committee. HB 160 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 160(JUD) "An Act requiring the reporting of induced terminations of pregnancies." Signing do pass: Senator Green, Chair, Senators Leman, Ward. Signing no recommendation: Senators Wilken, Davis. The following previously published fiscal information applies: Fiscal Note No. 3, Department of Health and Social Services The bill was referred to the Finance Committee. 2002-04-16 Senate Journal Page 2791 HB 276 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 276(L&C) "An Act relating to temporary permits and licenses by endorsement issued by the Board of Nursing; and relating to the delegation of nursing duties" and recommended the adoption of the Senate Labor and Commerce Committee Substitute offered on page 2493. Signing do pass: Senator Green, Chair, Senators Leman, Wilken, Davis, Ward. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Finance Committee. Consideration of the Calendar Third Reading of Senate Bills SB 340 CS FOR SENATE BILL NO. 340(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 340(FIN) "An Act relating to public notice of information relating to permanent fund dividends, and to treatment of permanent fund dividends for purposes of determining eligibility for certain benefits; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 340(FIN) Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Cowdery, Donley, Green, Halford, Kelly, Leman, Phillips, Stevens, Therriault, Torgerson, Ward, Wilken Nays: Austerman, Davis, Ellis, Elton, Hoffman, Lincoln, Olson Excused: Taylor and so, CS FOR SENATE BILL NO. 340(FIN) passed the Senate. 2002-04-16 Senate Journal Page 2792 Senator Leman moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 340(FIN) Effective Date Clause YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Cowdery, Donley, Green, Halford, Kelly, Leman, Phillips, Stevens, Therriault, Torgerson, Ward, Wilken Nays: Davis, Ellis, Elton, Hoffman, Lincoln, Olson Excused: Taylor and so, the effective date clause failed to be adopted. Senator Ellis gave notice of reconsideration. Third Reading of House Resolutions HJR 35 HOUSE JOINT RESOLUTION NO. 35 am Relating to urging the United States Congress to amend the tax code to permanently repeal the estate tax, was read the third time. Senator Phillips, Rules Committee Chair, moved and asked unanimous consent that the bill be referred to the Finance Committee. Without objection, the bill was referred to the Finance Committee. Citations Honoring - 2002 Arctic Winter Games Team Alaska, Senate District S Participants Senator(s) Olson, Hoffman, Stevens, Ellis, Lincoln, Davis, Elton, Austerman, Leman, Wilken, Taylor, Halford, Green, Kelly, Phillips, Therriault Representative(s) Joule, Foster 2002-04-16 Senate Journal Page 2793 Honoring - Pete Ramaglia, 80 Birthday Senator(s) Austerman, Hoffman, Stevens, Lincoln, Davis, Elton, Leman, Wilken, Taylor, Halford, Green, Kelly, Therriault Representative(s) Stevens Honoring - Alaska Airlines, Seventy Years of Service Senator(s) Leman, Hoffman, Stevens, Ellis, Lincoln, Davis, Elton, Austerman, Wilken, Taylor, Halford, Green, Kelly, Cowdery, Therriault Honoring - Airport Heights Elementary, Polar Paw News Representative(s) Cissna Senator(s) Davis, Hoffman, Stevens, Ellis, Lincoln, Elton, Austerman, Leman, Wilken, Taylor, Halford, Green, Kelly, Therriault Honoring - United Way of the Tanana Valley Representative(s) Hayes, Coghill, Fate, James, Whitaker, Davies Senator(s) Wilken, Hoffman, Stevens, Ellis, Lincoln, Davis, Elton, Austerman, Leman, Taylor, Halford, Green, Kelly, Therriault Honoring - Alaska State Legislature Data Processing Staff Representative(s) Morgan Senator(s) Lincoln, Hoffman, Stevens, Ellis, Davis, Elton, Austerman, Leman, Wilken, Taylor, Halford, Green, Kelly, Ward, Therriault In Memoriam - Johnie Pugh Senator(s) Halford, Phillips, Hoffman, Stevens, Lincoln, Davis, Elton, Austerman, Leman, Wilken, Taylor, Green, Kelly, Therriault Representative(s) Dyson In Memoriam - Captain James Francis Coby Senator(s) Leman, Hoffman, Stevens, Lincoln, Davis, Elton, Austerman, Wilken, Taylor, Halford, Green, Kelly, Therriault In Memoriam - Nancy De Leon Representative(s) Hayes, Coghill, Fate, James, Whitaker, Davies Senator(s) Wilken, Hoffman, Stevens, Lincoln, Davis, Elton, Austerman, Leman, Taylor, Halford, Green, Kelly, Therriault In Memoriam - Robert Parrish Representative(s) Hayes, Coghill, Fate, James, Whitaker, Davies Senator(s) Wilken, Hoffman, Stevens, Lincoln, Davis, Elton, Austerman, Leman, Taylor, Halford, Green, Kelly, Therriault 2002-04-16 Senate Journal Page 2794 Senator Leman moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business SB 311 Senator Wilken moved and asked unanimous consent to be shown as a cosponsor on SENATE BILL NO. 311 "An Act relating to the public school trust fund, the Alaska children's trust, and the Alaska heritage endowment fund; and providing for an effective date." Without objection, it was so ordered. HB 276 Senator Wilken moved and asked unanimous consent to be shown as a cross sponsor on CS FOR HOUSE BILL NO. 276(L&C) "An Act relating to temporary permits and licenses by endorsement issued by the Board of Nursing; and relating to the delegation of nursing duties." Without objection, it was so ordered. SB 345 The reconsideration on 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" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. SB 354 The reconsideration on SENATE BILL NO. 354 "An Act relating to the prices paid by milk processing plants to suppliers of fluid milk" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. 2002-04-16 Senate Journal Page 2795 Engrossment SB 345 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 354 SENATE BILL NO. 354 "An Act relating to the prices paid by milk processing plants to suppliers of fluid milk" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Enrollment SB 242 SENATE BILL NO. 242 am H "An Act relating to concealed handgun permittees" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:52 p.m., April 16, 2002. Adjournment Senator Leman moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 17, 2002. Without objection, the Senate adjourned at 12:08 p.m. Heidi Vogel Secretary of the Senate April 2002 2002-04-16 Senate Journal Page 2796 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 Apr 17 Wednesday Fahrenkamp 203 1:30 PM + SB 359 MUNICIPAL ORGANIZATION GRANTS + HB 312 SUPP. PUBLIC SCHOOL FUNDING/YOUTH ACADEMY + HB 455 MUNICIPAL TAXATION OF AGRICULTURAL LAND += HB 296 MUNICIPAL MERGER AND CONSOLIDATION Apr 19 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Apr 16 Tuesday Senate Finance 532 9:00 AM = HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS = SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 404 APPROP: MENTAL HEALTH BUDGET = SB 288 APPROP:MENTAL HEALTH BUDGET Reports from Budget Subcommittees No Public Testimony No Testimony by Invitation Bills Previously Heard/Scheduled 2002-04-16 Senate Journal Page 2797 FINANCE (Continued) Apr 16 Tuesday Senate Finance 532 4:00 PM = HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS = SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 404 APPROP: MENTAL HEALTH BUDGET = SB 288 APPROP:MENTAL HEALTH BUDGET Reports from Budget Subcommittees Budget Closeout- University of Alaska No Public Testimony Testimony by Invitation Only Bills Previously Heard/Scheduled Apr 17 Wednesday Senate Finance 532 9:00 AM SJR 43 MAINTENANCE OF EFFORT ON FEDERAL PROGRAMS SB 353 AGRICULT. PROG.COORDINATOR/ANIMAL FEED = HB 4 MOTOR VEHICLES & DRUNK DRIVING HB 131 FOREST RESOURCES & PRACTICES STANDARDS Bills Previously Heard/Scheduled -- Teleconference Upon Request -- Apr 17 Wednesday Senate Finance 532 4:00 PM += HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS += SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 404 APPROP: MENTAL HEALTH BUDGET += SB 288 APPROP:MENTAL HEALTH BUDGET PUBLIC TESTIMONY STATEWIDE TELECONFERENCE 4:00-4:45 Dillingham,Homer,Seward,Valdez 4:45-5:30 Cordova, Kenai, Kodiak, Bethel 5:30-6:15 Glennallen, Petersburg, Sitka 7:00-9:00 Anchorage Bills Previously Heard/Scheduled Apr 18 Thursday Senate Finance 532 9:00 AM += HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS += SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 404 APPROP: MENTAL HEALTH BUDGET += SB 288 APPROP:MENTAL HEALTH BUDGET PUBLIC TESTIMONY STATEWIDE TELECONFERENCE 9:00-10:00 Mat-su, Delta Junction, Ketchikan, Tok 10:00-11:00 Wrangell,Nome,Kotzebue,Barrow Bills Previously Heard/Scheduled 2002-04-16 Senate Journal Page 2798 FINANCE (Continued) Apr 18 Thursday Senate Finance 532 4:00 PM += HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS += SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 404 APPROP: MENTAL HEALTH BUDGET += SB 288 APPROP:MENTAL HEALTH BUDGET PUBLIC TESTIMONY STATEWIDE TELECONFERENCE 4:00-5:15 Offnet Sites 5:15-6:30 Fairbanks 7:15-9:00 Juneau Bills Previously Heard/Scheduled Apr 19 Friday Senate Finance 532 9:00 AM = HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS = SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 404 APPROP: MENTAL HEALTH BUDGET = SB 288 APPROP:MENTAL HEALTH BUDGET TESTIMONY BY INVITATION ONLY Bills Previously Heard/Scheduled Apr 19 Friday Senate Finance 532 4:00 PM = HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS = SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 404 APPROP: MENTAL HEALTH BUDGET = SB 288 APPROP:MENTAL HEALTH BUDGET TESTIMONY BY INVITATION ONLY Bills Previously Heard/Scheduled Apr 20 Saturday Senate Finance 532 10:00 AM = HB 403 APPROP: OPERATING BUDGET/LOANS/FUNDS = SB 289 APPROP: OPERATING BUDGET/LOANS/FUNDS = HB 404 APPROP: MENTAL HEALTH BUDGET = SB 288 APPROP:MENTAL HEALTH BUDGET TESTIMONY BY INVITATION ONLY Bills Previously Heard/Scheduled ---------------------------------------- 2002-04-16 Senate Journal Page 2799 HEALTH, EDUCATION & SOCIAL SERVICES Apr 17 Wednesday House Finance 519 1:30 PM -- Time and Location Change -- + Joint w/(H) Health, Education and Social Services, (H) Finance, (H) Special Committee on Education Baldridge Award/Chugach School, Gates Foundation, Standards Based Education Apr 17 Wednesday Butrovich 205 2:30 PM -- Time Change -- + HB 239 VOCATIONAL EDUCATION PILOT PROGRAM + SB 306 PRESCRIPTION DRUG ASSISTANCE TASK FORCE Uniform Rule 23 Waived + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 17 Wednesday Beltz 211 1:30 PM + HB 381 FAILURE TO STOP FOR PEACE OFFICER + HJR 30 DESECRATION OF U.S. FLAG Apr 19 Friday Beltz 211 1:30 PM + HB 243 VERIFY AGE REQD FOR DEFENSE IN SEX CRIMES + Confirmation Hearing: Bd of Governors of the Alaska Bar- Dr. Sheila Selkregg, Anchorage ---------------------------------------- LABOR & COMMERCE Apr 16 Tuesday Beltz 211 1:30 PM + HB 504 MINIMUM WAGE FOR WORKERS IN FISHERIES <Pending Referral-Bill Postponed to 4/18> + SJR 44 STATE-FEDERAL JOINT RESEARCH PLAN + Bills Previously Heard/Scheduled 2002-04-16 Senate Journal Page 2800 LABOR & COMMERCE (Continued) Apr 18 Thursday Beltz 211 1:30 PM += SB 320 MOTOR VEHICLE INSURANCE & REPAIRS += SB 252 EMPLOYMENT AND TRAINING PROGRAM/BOARD + Bills Previously Heard/Scheduled = HB 504 MINIMUM WAGE FOR WORKERS IN FISHERIES <Pending Referral-Postponed from 4/16/02> ---------------------------------------- RESOURCES Apr 17 Wednesday Butrovich 205 3:30 PM Harold Heinze:North Slope Gas Development += SB 360 ALASKA NATURAL GAS PROJECT ACT + SCR 30 ALASKA SALMON DAY += HB 206 LIMITED ENTRY FOR COMM. FISHERIES Bills Previously Heard/Scheduled Apr 19 Friday Butrovich 205 3:30 PM + HJR 48 TERMINATION OF FED LAND WITHDRAWALS + HB 358 EXEMPTION FROM PROPERTY TAX: TIMBER + HB 447 COM FISH & AGRICULTURE BANK INTEREST RATE Bills Previously Heard/Scheduled ---------------------------------------- RULES Apr 16 Tuesday Fahrenkamp 203 10:30 AM = SB 4 MUNICIPAL PROPERTY TAX EXEMPTION SB 91 ABORTION: INFORMED CONSENT;INFORMATION SB 223 PRISONERS:PAROLE/GOOD TIME SB 226 HIGHWAY DESIGN & CONSTRUCTION SB 295 LICENSING:DISCLOSURE OF MINORS RECORDS SB 302 MENTAL HEALTH PROFESSIONALS SCR 32 SUSPEND UNIFORM RULES FOR HB 390 + HB 411 PHYSICIAN ASSISTANTS Apr 17 Wednesday Fahrenkamp 203 10:30 AM SB 219 FED/STATE NAVIGABLE WATERS COMMISSION SB 280 WATER/SEWER/WASTE GRANTS TO UTILITIES ---------------------------------------- 2002-04-16 Senate Journal Page 2801 STATE AFFAIRS Apr 16 Tuesday Beltz 211 3:30 PM SCR 9 APPROVING LEG. OPEN MEETINGS GUIDELINES Bills Previously Heard/Scheduled Apr 18 Thursday Beltz 211 3:30 PM HB 53 SEISMIC HAZARDS SAFETY COMMISSION Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 16 Tuesday Butrovich 205 1:30 PM SB 238 SECURITY OF FACILITIES AND SYSTEMS HB 397 NO DRIVERS' LIC. FOR OFF HWY VEHICLES Bills Previously Heard/Scheduled Apr 18 Thursday Butrovich 205 1:30 PM SB 327 MOTOR VEHICLE LIABILITY INSURANCE Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES ARMED SERVICES COMMITTEE May 03 Friday House Finance 519 1:30 PM Admiral Thomas Barrett, US Coast Guard Pat Ladner, AK Aerospace Development Corp ---------------------------------------- LEGISLATIVE COUNCIL Apr 17 Wednesday Capitol 208 8:30 AM Information Technology Subcommittee ---------------------------------------- OMBUDSMAN SELECTION COMMITTEE Apr 17 Wednesday Terry Miller 104 2:00 PM Apr 18 Thursday Terry Miller 104 2:00 PM